Criminological Studies 2019-06-25T20:48:29+03:00 Laima Žilinskienė Open Journal Systems <p>Founded in 2014. Dedicated to publishing articles in criminology.</p> Editorial Board and Table of Contents 2019-05-27T13:42:05+03:00 Kriminologijos Studijos <p>[text in Lithuanian]</p> 2018-12-20T00:00:00+02:00 ##submission.copyrightStatement## Author Guidelines and Bibliographic Data 2019-05-27T13:42:05+03:00 Kriminologijos Studijos <p>[text in Lithuanian]</p> 2018-12-20T00:00:00+02:00 ##submission.copyrightStatement## Trends in Pre-Trial Detention Practices in Lithuania: Perspectives of Legal Culture 2019-06-25T20:48:04+03:00 Skirmantas Bikelis <p>[full article and abstract in Lithuanian; abstract in English]</p> <p>This article presents some of the results from the research project “DETOUR: Towards Pre-Trial Detention as Ultima Ratio,” funded by the European Commission (2016– 2017), where the author of the article, together with his colleague V. Pajaujis from the Law Institute of Lithuania, as well as project partners from Austria, Germany, Ireland, Belgium, the Netherlands and Romania, addressed the legal, procedural-structural and legal-cultural particularities in different countries that might be the roots of the different practices in pre-trial investigation when deciding on coercive measures for suspects. The research was particularly focused on the views and attitudes of the practitioners: judges, prosecutors, defense lawyers. Multiple semistructural interviews (no less than 35 per project partner), and four international events with the practitioners’ participation, have been carried out during the project.</p> <p>First, the article presents and discusses the dynamics of statistics in pre-trial detention in Lithuania. Some factors that make impact on statistics that have no relation to the changes of the legal culture in pre-trial investigations are discussed. However, the author comes to the conclusion that even revised statistics indeed indicate a huge drop in the prevalence of pre-trial detention.</p> <p>This assumption is further confirmed by the opinions of the respondents and by the particular instances of objective and subjective factors that might have impact on the downward trend in the application of pre-trial detention.</p> <p>Among the objective factors, the positive experiences of the practitioners in the effective operation of the European arrest warrant have been noted. Also, the practice of the European Court of Human Rights, which emphasized the importance of the equality of parties and the adversarial principle in detention hearings, highly contributed to the elimination of ill-practices, whereas before and during the detention hearings prosecutors used to provide less information from files for the defense than for the judge.</p> <p>The interviews with prosecutors and judges showed instances of a positive shift in attitudes from an orientation toward (or even an over-emphasis of) securing the proceedings to a reasonable balance between the interests of justice and the protection of human rights. It seems that this shift is closely connected with higher standards motivating pre-trial detention. Also, standards of professional contacts between the police and the prosecution, and between the prosecution and the judiciary, have reportedly risen quite substantially, especially in bigger cities.</p> <p>Even though the Lithuanian justice system still employs more coercion in the pre-trial investigation (more detention) against suspects more than most of the European countries, the general outlook in this field is rather optimistic.</p> 2018-12-20T00:00:00+02:00 ##submission.copyrightStatement## The Perception of Corruption among Experts, Well-Informed Citizens and Ordinary People 2019-06-25T20:47:58+03:00 Aušra Pocienė <p>[full article and abstract in Lithuanian; abstract in English]</p> <p xml:lang="de-DE"><span xml:lang="en-GB">This article presents an analysis based on Alfred Schutz’s epistemological stratification; it asks how do three epistemic groups perceive the phenomenon of corruption in Lithuania, these three groups being: (1) “experts,” scientists and criminal justice representatives working with corruption cases; (2) “well informed citizens,” politicians and the representatives of mass media, and (3) “people from the street,” ordinary Lithuanian citizens. The analysis is based on the data of focus groups discussions that were performed in the framework of the project “Social Context of Corruption: An Analysis of Macro, Meso and Micro Level Factors” that was implemented at Vilnius University, Faculty of Philosophy during 2015–2017.</span></p> <p xml:lang="de-DE"><span xml:lang="en-GB">The group discourses are analyzed from perspectives of three levels: (1) corruption as a worldwide phenomenon on a macro level; (2) the extent and forms of corruption on the social-meso level, and (3) the origin of corruption and the concept of the “corrupted man” on the micro-individual level. In the article, it is also analyzed how experts, “well informed citizens” and ordinary people assess the current means of corruption control and prevention in Lithuania and what other suggestions of prevention they have.</span></p> <p xml:lang="de-DE"><span xml:lang="en-GB">The analysis showed that the main focus of three groups is localized on the meso level, discussing the extent and level of corruption in society, its main forms and corrupted groups. Only little attention is paid to the micro-individual level, where corruption takes it roots as a moral problem. Also, the predominant concept of corruption among ordinary people is almost the same as embedded in criminal law – as a crime committed by white collar individuals who have a particular amount of power at their disposal. Such a narrow legal perception of corruption becomes dysfunctional for effective crime control and prevention as far as it overlooks the widespread culture of corruption that penetrates all social layers, not only the white collars.</span></p> <p xml:lang="de-DE"><span xml:lang="en-GB">The main criticism of current corruption control and prevention policy is based on its demonstrative ineffective and dysfunctional character, while the main perspective of corruption prevention is seen in general social education and primary socialization. The experts and ordinary citizens view the culture of corruption as possibly being diminished only by strengthening social relations and restoring community commitment.</span></p> 2018-12-20T00:00:00+02:00 ##submission.copyrightStatement## Electronic Monitoring in Europe – a Panacea for Reforming Criminal Sanctions Systems? A Critical Review 2019-06-25T20:47:52+03:00 Frieder Dünkel <p>[full article, abstract in English; abstract in Lithuanian]</p> <p>First experiments with electronic monitoring emerged in Europe in the early 1990s. Within 15 years, the majority of countries in Europe reported having introduced electronic monitoring at least as pilot projects. The amazing dynamic rise of electronic monitoring in Europe may be explained by the commercial interests that become evident when looking at the activities of private companies selling the technique. Although electronic monitoring seems to have expanded in many countries, one has to realize its marginal role within the European sanctions systems compared to other sentencing or release options. On average, only about 3% of all probationary supervised persons were under electronic monitoring at the end of 2013. This article deals with questions regarding the impact of electronic monitoring on prison population rates and reduced reoffending, with net-widening effects and costs, essential rehabilitative support, human rights-based perspectives and the general (non)sense of electronic monitoring.</p> 2018-12-20T00:00:00+02:00 ##submission.copyrightStatement## Victims of Parental Kidnappings in Light of Polish Criminal Law (Based on the Results of Case Law Research) 2019-06-25T20:47:46+03:00 Diana Dajnowicz-Piesiecka <p>[full article, abstract in English; abstract in Lithuanian]</p> <p>This paper concerns the victims of parental abductions in Poland. The aim of the article is to present the victims of parental abductions in the light of the Polish criminal case law. The study has an empirical character because it presents the results of research carried out using a criminal case law analysis. The study included 59 criminal cases concerning the parental kidnapping of a child. The research revealed that the Polish law treats the person from whom the child was kidnapped as a victim of parental kidnapping. Interestingly, the child is not considered a victim. Based on the research, a conclusion was formulated that parental abductions are not only the result of disputes between the parents of a child, but that children can also be abducted from the care of other people, for example, the directors of orphanages or grandparents who look after the children. This article argues that parental abductions are not only a problem for families but also for institutions professionally involved in childcare.</p> 2018-12-20T00:00:00+02:00 ##submission.copyrightStatement## Heroin Smuggling in Serbia 2019-06-25T20:47:40+03:00 Nenad Radović <p>[full article, abstract in English; abstract in Lithuanian]</p> <p>Drug trafficking is a very lucrative criminal activity, with a growing number of organized criminal groups from the Balkans. According to Europol’s report, about 5000 organized criminal groups are active in the European Union.<a id="footnote-6893-2-backlink" href="#footnote-6893-2">2</a>&nbsp;According to the results of the National survey on the lifestyles of the citizens in the Republic of Serbia in 2014, the use of psychoactive substances and games of chance and illegal drug use at least once during a lifetime was recorded at 8.0% of the total population aged 18 to 64 (10.8% of males and 5.2% of females), with greater prevalence (12.8%) in the younger adult population aged 18 to 34. The number of heroin users who inject drugs in Serbia is between 10 000 and 25 000. The main estimated number is 20 000 heroin users who inject drugs, i.e., 0.4% of the population aged 15 to 64. Based on the analysis of data on drug-related deaths, it can be noted that there has been a decline in the number of deaths in the past five years, and most of these cases are related to opiates.</p> <p>In the territory of the Republic of Serbia, the production of heroin has not been recorded, and that gives trafficking a greater primacy, which is supported by the fact that high quality heroin is further trafficked in the form of a base that is mixed with other substances (paracetamol, caffeine, sugar etc.). In this way, such a high degree of purity of heroin allows the members of criminal groups to increase the quantity of narcotics by mixing substances suitable for this and, in that way, achieve greater profits.</p> <p>The most commonly used illegal drug among the adult population is cannabis (marijuana and hashish), and the use of the mentioned drugs has been recorded at least once during a lifetime in 7.7% of subjects aged 18 to 64 (10.4% of men and 4.9% of women). The use of other illegal drugs is very rare; 1.6% of questioned individuals (2.5% of the population aged 18 to 34) have used other illegal drugs.</p> 2018-12-20T00:00:00+02:00 ##submission.copyrightStatement## How Do Criminal Subcultures Manifest within Incarceration Institutions and Street Subcultures? A Comparative Analysis of the Subculture of Women Incarcerated in the Panevėžys Correction House and the Street Subculture of Lithuanian Skinhead Nationalists 2019-05-27T13:42:01+03:00 Jurgita Subačiūtė Agnė Gedaminskaitė <p>[full article and abstract in Lithuanian; abstract in English]</p> <p>This article analyzes, from a sociological and criminological perspective, two socially alienated groups: incarcerated women and the street subculture of Lithuanian skinheads, who are characterized by nationalist views and aggressive behavior. Both of these groups are socially alienated. Women serving time are naturally isolated from society. Meanwhile, participants of the skinhead subculture are stigmatized owing to their aggressive appearance: militaristic apparel and shaved heads. This stigma is caused by mass media information about these subcultures rather than by direct contact and cooperation with the participants of a criminal subculture. The aim of this investigation is to use the semistructured interview method to ascertain the manifestation of a criminal subculture in the selected study groups by evaluating the expression of the personal qualities of the participants in these subcultures, the subcultures’ traditions and policies, and the attitudes that lead to expulsion from these subcultures. The results of the investigation show that a criminal subculture can be manifested among incarcerated individuals by exoteric symbols, an asocial relationship structure, an amoral code of ethics, and traditions. It was noted that the inmates who have outside financial and material support acquire greater influence in the inmate community. The behavioural norms in the women’s incarceration institution were characteristic of not so much a criminal or closed group subculture as camaraderie in many cases: not to steal from, not to spread rumors about and not to tell on one’s fellow inmates. The qualities esteemed the most highly by the women incarcerated in the correctional institution were neutrality, impartiality, and an ability to defend one’s dignity and opinion. The use of the semistructured interview investigation method with the participants of the skinhead subcultures showed that the aggressive outbursts, which the studied subcultures manifested in defending the group’s ideas, political views, and value ideals, are understood as virility. The respondents themselves have stated that violence, vandalism, and drug addiction are the main things that lead to being expelled from the studied subcultures.</p> 2018-12-20T00:00:00+02:00 ##submission.copyrightStatement## Political Violence: A Typology 2019-06-25T20:48:29+03:00 Vincenzo Ruggiero <p>[full article, abstract in English; only abstract in Lithuanian]</p> <div> <p>This paper offers a typology of different forms of political violence, linking them in a continuum and in an interdependent field of forces. The forms identified are systemic violence, institutional violence, group violence, armed struggle, terrorism and war. In the final section, after discussing how these types of violence influence one another, a strategy is suggested for their simultaneous reduction.</p> </div> <p>&nbsp;</p> 2018-10-19T00:00:00+03:00 ##submission.copyrightStatement## Evaluation of personality characteristics of Lithuanian inmates using the MMPI-2 2019-06-25T20:48:22+03:00 Alfredas Laurinavičius Ilona Laurinaitytė Laura Ustinavičiūtė <p>[only abstract in English; full article and abstract in Lithuanian]</p> <div> <p>The Minnesota Multiphasic Personality Inventory 2 (MMPI-2) is the most widely used self-report test used for screening of personality and psychopathology in a variety settings including forensic setting. The research in various populations of offenders confirms them possessing characteristics such as antisocial, lacking of impulse control, irresponsible, etc., and these characteristics are captured by the MMPI-2 scales. The goal of this study was to evaluate personality characteristics of incarcerated male and female offenders with the MMPI-2 and to analyse the results in light of results from other offender population studies. The finding of current study shows that the MMPI-2 characteristics of Lithuanian incarcerated offenders generally appear to be similar to those obtained in other cultural environments. Incarcerated offenders were best defined by higher Psychopathic Deviate (Pd), Paranoia (Pa), Antisocial Behavior (RC4), Ideas of Persecution (RC6), Discontraint (DISC), Overcontrolled Hostility (O-H), MacAndrew Alcoholism Revised (MAC-R) scales scores and lower scores of Ego Strength (Es) and Sociala Responsibility (Re) scales. This study has confirmed the results of earlier research and justified the MMPI-2 application for psychological assessment in Lithuanian offenders’ sample.</p> </div> 2018-10-19T00:00:00+03:00 ##submission.copyrightStatement##