New Trends of Criminology and Teaching Innovations Helmut Kury EU-Project: „Internationalization...

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New Trends of Criminology and Teaching Innovations Helmut Kury EU-Project: „Internationalization in Sociology and Criminology studies“ Vilnius/Lithuania 2nd – 6th October, 2012

Transcript of New Trends of Criminology and Teaching Innovations Helmut Kury EU-Project: „Internationalization...

Page 1: New Trends of Criminology and Teaching Innovations Helmut Kury EU-Project: „Internationalization in Sociology and Criminology studies“ Vilnius/Lithuania.

New Trends of Criminology and Teaching Innovations

Helmut Kury

EU-Project:„Internationalization in Sociology and

Criminology studies“Vilnius/Lithuania

2nd – 6th October, 2012

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New Trends of Criminology and Teaching Innovations

• New Trends In Criminology• S. Sheldon Glueck • (the Bar of the State of New York; Instructor, Criminology and

Penology, Department of Social Ethics, Harvard University, Cambridge;

• Proceedings Of The National Conference Of Social Work Formerly National Conference of Charities and Correction At The Fifty-First Annual Session Held In Toronto, Ontario June 25-July 2, 1924 (p. 196)

• „Modern principles of criminal law and procedure are largely traceable to the eighteenth-century humanitarian movement and to the philosophers who gave voice to that ethical renaissance. These first great strides in the humanizing of criminal law and procedure had as their theoretical, philosophical basis the “social contract” theory of Rousseau.“

• (http://www.socialwelfarehistory.com/programs/corrections-new-trends-in-criminology-1924/)

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New Trends of Criminology and Teaching Innovations

• Pat O‘Malley (1996): „The long period from the 1890s through to the 1980s was one in which political rationalities were broadly ordered under an overarching discourse of the ‚social‘“.

• J.Donzelot (1979) speaks about the „discovery of the social“.

• Margaret Thatcher (1993, p.626): “There is no such thing as Society. There are individual men and women and there are families“.

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New Trends ofCriminology and Teaching Innovations

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New Trends of Criminology and Teaching Innovations

The situation in Germany – and in most countries of the continent:

- In the 1970s we had new universities and a liberal politics- 1969 the criminological department of the MPI in Freiburg was

established- 1980 the KFN in Hannover was established- 1986 the KrimZ in Wiesbaden was established- Criminological research had in the 1970s an influence on

crime policy: - see the prison law in Germany, the development of diversion

the last decades (Labeling theory), establishment of treatment programs in prisons, community treatment programs, victim help institutions …

- The last years the situation changed- Today crime policy is less oriented in empirical evidence and

proof - Research on security is a big topic meanwhile, more security- A reduction of influence of the subject of criminology at

Universities

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New Trends of Criminology and Teaching Innovations

- 11 faculties don‘t have yet criminology-

~ 40 law faculties in Germany, 5 institutes for criminology, 6 chairs in criminology

- Especially in Sociology a reduction of chairs in criminology and deviance

- We have more than 320 Profs in sociology in Germany but no one for social deviant behavior or sociology of crime

- In psychology criminal behavior is one of the oldest applied part, the oldest German journal in criminology is the MschrKrim, it had the title of MschrKriminalpsychol.

- 1984 foundation of the Fachgruppe Rechtspsychol., 1992 foundation of the Europ. Assoc. of Forensic Psychol. Members are more or less only experts for courts, the last years a strong increase in expertises about prognosis.

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New Trends of Criminology and Teaching Innovations

- Economy is not interested in criminology- In USA, Canada, GB or Australia there exists a separate

education and professionalization in criminology- Very often there is seen a difference between anglo-

american countries and continental Europe. Exceptions are the Netherlands and the Northern countries. These small countries are more involved in the international discussion and publications

- Criminology in Germany is mostly a part of penal law, penal law has inside the law a low prestige, lower is that of criminology. Criminology is seperated from other subjects (psychology, economy, neuroscience …)

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New Trends of Criminology and Teaching Innovations

- P.A. Albrecht (2010, p. 7): „Criminology understands itself as a basic of penal law“.

- Jescheck, founder of MPI, since 1969 a criminological Department. The basic rule of cooperation was: „Penal law and criminology under one roof“ – better is „round the same table“

- Criminology in the vise of law faculties- 1980s discussion about „state criminology“

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New Trends of Criminology and Teaching Innovations

- State institutions like police or prisons meanwhile do their own reseach – often not published

- Prison governors are traditionally mostly jurists, but If the task of prisons is resocialisation then the directors should be experts in resocialisation (Santa Fu)

- Criminologists should more be involved in political discussions about crime related topics

- WIKIPEDIA: „Criminology uses sciences like Law and Psychiatry, Sociology and Pedagogic, Psychology, Ethnology and Anthropology and the last years more and more Economy“.

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New Trends of Criminology and Teaching Innovations

- Reduction of research topics- There is no concept on criminal policy- Criminal policy is less oriented on empirical evidence –

more on political interests – „governing through crime“ – topic of „fear of crime“ (community crime prevention)

- In political expert groups criminologists are more and more the court jesters

- Self censorship of scientists: They ask only what is politically accepted – and permitted, especially in prison and police. There is nearly no criminological research in Germany about police or prison government – only about prisoners

- Criminology does not take notice of neurobiologic research

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New Trends of Criminology and Teaching Innovations

- Criminal policy is more emotionalized- More interest in security, endless demand for

more security – especially from politicians- More security and crime prevention mostly is

concentrated on more surveillance and more severe punishment

- Especially severe cases of crimes (child misuse primarily) are used by politicians to ask for more severe punishment, echoed by the public who is informed very biased by the media.

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New Trends of Criminology and Teaching Innovations

- If criminology want to have an influence on crime policy the research must be good, to have good research we need well educated professionals

- Research in criminology should help to find better „solutions“ of the „crime problem“, which is a „natural“ problem, teaching should help to educate students to find new creative questions and ways to do research about these topics.

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New Trends of Criminology and Teaching Innovations

New Books in Criminology the last week:- Police and video control- Terrorism, especially right wing- Victims against offenders- Illegal immigration of people - Illegal drugs and organized crime- Crime in health system - Culture conflicts and crime

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New Trends of Criminology and Teaching Innovations

Some few examples of research:

- Imprisonment and Treatment of

offenders

- Fear of crime

- Effects of Punishment

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Gefängnisbelegung weltweit pro 100.000 der Wohnbevölkerung, etwa 2007(von Hofer 2010, in Dünkel-Band)

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Gefangenenraten in 19 europ. Ländern, 1935/36 und 2005/06, pro 100.000 der Bevölk. sortiert nach Größe der

Differenz (v. Hover 2010, S. 35, in Dünkel u.a.)

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Entwicklung der Gefangenenraten in mittel- und osteurop. Ländern, 1984-2009

(Dünkel u.a. 2010, S. 1032)

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Gefangenenraten in 46 europ. Ländern. Veränderungen zw. etwa 1995 und etwa 2006 (von Hofer 2010, S. 34, in Dünkel)

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Gefangenenraten 2007/08 in verschiedenen europ. Regionen und den USA

(Lappi-Seppälä 2010, S. 965, in Dünkel)

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ICVS, EU-ICS: % der Befragten, die für Com. Service und Gefängnis stimmen für den jugendl.

Einbrecher(Kesteren 2009, S. 28)

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Problems of Research …

Registered Crimes in Georgia and Denmark: 2001 - 2008

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Problems of Research … Number of registered rapes: 2001 - 2008

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Average victimisation level in Tbilisi and 28 other capital cities

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Average victimisation level in Georgia in 1993-2011 yy.

The comparison is done only with 8 crimes researched in 1992-2011.

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Example for Methodology

- A well known German study about acceptance of restitution (Sessar 1992) showed interesting results on the basis of a survey with a questionnaire.

- We could show a strong influence by the methodology of the survey.

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Methodology

5 Alternatives from „private organized restitution“ to „punishment by court“

We changed only the order of the answer alternatives: instead from lenient to harsch, from harsh to lenient:

Sessar: lenient - harsh: (Kury)Robbery 8,8 % (4,3) - 20,2 % (44,0)Not paying bill 41,7 % (24,8) - 8,7 % (13,7)

8 Alternatives: Robbery - (7,5) (17,5)Not paying bill - (33,3) (5,8)

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Costs of Crime - USA

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Costs of Imprisonment

In Deutschland sitzen am Stichtag 30. Nov. 2008 ca. 72.200 Gefangene ein.

Das kostet, berücksichtigt man nur den Mindestsatz von 75 € pro Tag, etwa 5.415.000 € pro Tag – und pro Jahr ca.

1.976.475.000 €Das sind nur die Kosten für die Inhaftierung, nicht für die

Strafverfolgung und Aburteilung, geschweige denn die Kosten, die bei den Opfern entstanden sind.

Kriminalität ist somit eine für die Gesellschaft ausgesprochen teuere Angelegenheit – also mehr Pimärprävention? - Andere Reaktionen?

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The Example United Kingdomhttp://www.justice.gov.uk/news/press-releases/moj/moj-newsrelease261011b.htm

• 26. 10. 2011: Ministry of Justice; Clarke: Tough intelligent sentences

• Justice Secretary Kenneth Clarke has today announced a new sentencing regime.

• This will see more dangerous criminals given life sentences, an end to the indeterminate sentencing system, to be replaced by long determinate prison terms, and mandatory custodial sentences to be available for both adults and 16-17 years olds convicted of aggravated knife and offensive weapon offences.

• It follows the Prime Minister’s announcement on 21 June 2011 that the Government would review the Imprisonment for Public Protection (IPP) sentence with a view to replacing it with a new regime which would be better understood by the public and command greater confidence.

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The Example United Kingdomhttp://www.justice.gov.uk/news/press-releases/moj/moj-newsrelease261011b.htm

• The new regime will include (1):

• Mandatory life sentences - a ‘two strikes’ policy so that a mandatory life sentence will be given to anyone convicted of a second very serious sexual or violent crime. This will mean that mandatory life sentences can be given for crimes other than murder

• Extending the category of the most serious sexual and violent offences to include child sex offences, terrorism offences and ‘causing or allowing the death of a child’ so that the new provisions will apply to them

• The Extended Determinate Sentence (EDS) – all dangerous criminals convicted of serious sexual and violent crimes will be imprisoned for at least two thirds of their sentence, marking an end to the regime which allowed the release of these offenders at the half-way point. Offenders convicted of the most serious sexual and violent crimes in this category will not be released before the end of their sentence without Parole Board approval

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The Example United Kingdomhttp://www.justice.gov.uk/news/press-releases/moj/moj-newsrelease261011b.htm

• The new regime will include (2):

• Extended licence period – criminals who complete an EDS must then serve extended licence periods where they will be closely monitored and returned to prison if necessary. The courts have the power to give up to an extra five years of licence for violent offenders and eight years for sexual offenders on top of their prison sentence

• Mandatory custodial sentence for aggravated knife possession - 16 and 17 years olds – but not younger children - convicted of using a knife or offensive weapon to threaten and endanger will face a mandatory four month Detention and Training Order (DTO). The Government has already announced proposals for a mandatory six month sentence for adults convicted of the same offence.