VI International Congress on Criminology Madrid, 21 - 27 September 1970 RELATIONSHIP BETWEEN SCIENTIFIC RESEARCH AND CRIMINAL POLICY Katja VODOPIVEC Institute of Criminology of Faculty of Law, University of Ljubljana - YUGOSLAVIA * CONTENTS INTRODUCTION 1. THE OPINIONS OP THE REPORTERS 1.1 The concept of criminal policy and its spheres of action 1.2 The implementation of research findings in criminal policy 2. RESEARCH RESEARCH AND POLICI . „ 4. DEMANDS, EXPECTATIONS, AND DISAPPOINTMENTS 5. TOWARDS 1980 ? APPENDICES Questionnaire List of national reporters and respondents to the questionnaire References to the foot-notes °C*DC>/V*£2.o Page 1 5 6 17 51 45 55 62 76 80 85 ■ i' j.i. V ■■*4,' V ■ • i;. ' f INTRODUCTION The task assigned to se was to prepare a report on the Relation between Scientific Research and Criminal Policy. The following dotailed instructions were given to me: Which realisations in the field of criminal policy are in keeping with scientific research? Which experiences could be generalized. Is scientific research in a position to lay down the principles of criminal policy? The most important task of the report would be to give a survey of the results obtained in different countries after the last world war, and to find out which modes of communication have contributed to the incorporation of research results into criminal polioy. I did not undertake to prepare the report on my own initiative, and very likely I myself would not have chosen auoh a subject. In 1963, when the scientific commission of the International Association of Criminology was preparing the programme for the Fourth International Congress in Madrid, I wee as e matter of fact already in very strong doubts whether the endeavours of the research-workere-criminologists are reflected in the social practice or not. Later on I confronted my doubts and at that time not yet fully-shaped attitudes with the opinions of the national and other reporter from various countries as well as with the study of literature aelocted for this purpose and with my own experiences. The report which I have prepared in this way is accordingly in the first instance a search for an answer to the questions put in the assignement, coloured with the subjective perceptions of the reporter, and less a scientific description of the actual state of affairs. If anyone should set out to determine the objective state of affairs such as it is, he would have to do special research for suoh a purpose Z Just have to say that I have not hod such an opportunity. The report I submit has essentially two partB. In the first part 1 attempt to recapitulate the opinions and attitudes of reporters from various countries as they have been made known to me, In the second part (chapters 2 to 1 present my thoughts and ideas about the problems initiated by the theme of the report. In this sense my report represents above ell en introductory contribution towards a discussion. 1. THE OPINIONS OP THE REPORTERS when I undertook the obligation to prepare the present report 1 believed tnat 1 shall be able to rely my report on a considerable number of national contributions« But only later on I hove been informed that such expectations were not particularly realistic. And so I became rather worried end proceeded to work out a special questionnaire consisting of four questions. The questionnaire was dispatched by the International Association of Criminology and partly by myself to those experts that I knew personally and from whom I could hope to receive answers; in addition I hoped to be sent some national reports. In this way I succeeded in assembling po reports, partly comprehensive national reports (either relying on the questions in the questionnaire or without it), partly in the form of answers to the questionnaires complemented occasionally with longer appendices« Without this extraordinarily wide and precious help, which is quite exceptional to the current practice, ray report would be doubtlessly rather different from what it is. It would have a stronger subjective colouring, for even the references used by the author are inevitable selected by what are his own attitudes. Bo I wish to avail myself of the present opportunity to express to all the reporters who offered me their strong support during the preparation of this paper my sincere thanks for the no small. work they have done. In fact, the entire material waich I had the pleasure of receiving Iron them consists of as many as • ’ ' ; 527 pages, i 1 1 This material, however, is in parts also so heterogenous that within the scope of the present report does not allow either a more thorough synthetic analysis or rather 4 specified quotation of all the different opinions, experiences, and attitudes. The subjective note of the reporter thus of neooessity oontinues to be present in the report and I am fully aware of that. i^rofessor Hartmann, Lekschas, and Stiller, all from the German Democratic Republic, called my attention to the fact that actually no policy and accordingly also criminal policy ia not and cannot be independent of the political system in which it is pursued. 1 fully agree with their warning and oertainly had not cherished any illusions in this respect before. But no motter how true this is, all the same I think that international comparisons are necessary and useful since the political systems are not isolated formations but are formations both influencing one another as well as constantly developing. To this context belongs probably also tbe last statement by tbe same authors, namely that one of the aims of criminology ia to elloviate Mthe fate of the criminals, for a democratization and debrutalization of the fight against criminality as an integral part of a far-reaching programme of struggle for soolal progress, democracy, and peace," The difficulty we are facing lies in the necessity to make each international survey a systematisation and, at the sane tine, also a schematization. The existing ideological classifications as apparent on the surface and in international relations are probably not enough for our purpose. There persist in fact copious eoonomio, social, and political , peculiarities which I for one dare not classify into larger groups. Patterns or models are sometimes useful but they may alao be highly dangerous and unrealistic. But there is more to it. For some countries I have received more reports, for others lees; for some I have received national reports, for others what might be more adequately called friendly opinions of professional colleagues 1 happen to know. So 1 ara not even in a position to say that all the opinions sent by the respondents are equally representative of their respective countries. Some of them go as far as explicitly say that their reports are not of suoh a kind. In the choice of how to present the collected material I was thus faced with no small difficulties. I chose a way vhioh may not be usual for this kind of reports. In the answers to the questions naked I used mainly either only the figures contained in the respondents* answers or simply quoted their surnames in the alphabetical order, adding the names of their respective country only aftor that. As it will be seen from the report I have drown few conclusions which would ■ tste the role of a particular country within the framework-of the answers collected. 1*1 The concept of criminal policy and its spheres of action QUESTION Ai Concept of Criminal Policy - 33 answers b- When deciding to have in the questionnaire a question concerning the definition of criminal policy I could not possibly expect that by the help of the respondents* answers I would be able to formulate a definition that might become universally acceptable. Ever since I have occupied myself with orimlnology and affiliated sciences I have been aware that all the definitions of social sciences are more or lees s reflection of the attitudes of individual writers to the subject and cannot be a reflection of some commonly accepted truth. It is probably well worth noting an observation made by Professor Kadzinowlcz who says that Anglo-Saxon sociologists are on the whole less concerned with definitions i . • than their continental colleagues, hy being concerned with: definitions, however, the continental European authors ara ^ A letter by Mr Koger Hood, doted January 3l0t, I960, who at the request of Prof. Kadzinowlcz writes that they cannot give an answer to the question put in the questionnaire. Among the reasons Mr Hood statoa the followingi ".. we do not attach much importance to these definitional problems although we are aware that in certain continental countries this subject still evokes great interest." Prof. Mueller (USA) says that the concept of "Criminal Policy" ie used in the USA by few writers and that many are likely to ask "for what purpose do you want the concept of criminal polioy defined?" (in a letter, dated February 22nd, 1970). pursuing a certain aim. On tha one hand, different definitions sake it possible to compare the attitudes of different writers and on the other hand it is imperative for any professional communication to know what is the discussion about. This was the reason why I made an attempt first to establish a starting of point|jny paper. My sole purpose was, by comparing the written statements of the attitudes received, to find those spheres of activity with which - in the opinion of modern criminolo- 2 gists * criminal policy ought to be concerned. While most of the respondents either accepted the proposed definition (11 out of 5$) or tried partly to modify it, two definitions are as to their content so different and so characteristic of two wholly different points of view, that it might be Indeed suitable to quote them in full. Professors Hartmann, Lekschas and Stiller (German Demooratio Republic) say the following: Under the term "Fight Against and Prevention of Criminality" we understand a system of public measures and social • activltes towards an ousting of criminality which is going : on step by step. This system is according to its contents and t social essence characterized by the following features: - It is a necessary component of the conscious government of the socialist sooiety for the overcoming of the aftereffects end remnants of capitalism in all spheres of life MSleietavckflietaiMatwaie1 • • — mm am mm mm 2 fiadainowioz 'Ou en est la Criminology /p. 143 /v and simultaneously of the establishment of the socialist society. ** It is an expression of the principle of the Socialist Constitution that the fight against criminality it the common concern of the socialist society, of the socialist state and of all citizens; and it serves the conscious realisation of the constitutional order. • It is divided into partial systems. Important partial systems arei a) the legally regulated fighting against crime and misdemeanour by means of judicial ascertainment and realisation of the criminal responsibility, b) the legally regulated systems of prevention of criminality in social communities (territories, towns and factories) j in social spheres, especially in those of the national economy; by moans of specifio measures of care for sooially endangered persona. In contradistinction to this, Mr Matrik Tttrnudd (Finland) holds the view that crime is "a cultural phenomenaon dependent on changing social needs and values", hence - • No definition of criminol policy should imply that the elm is to eliminate criminality as such an elimination la impossible. The sociological view according to which orimi-nality is necessary (that is necessary »in the sense implied by £• Durkheim) is steadily gaining ground. * Mo definition of criminal policy should imply, either i directly or indirectly, that criminal policy measures are taken solely on tho basis of their expected effect on cri- r minality, disregarding the suffering and the costs brought about by the measures (people should be reminded that no society is ready to minimize crime "at any cost" - after all, immediate execution combined with penal torture would be quite an effective universal measure against all crime • •) • The best definition of criminal policy not only takes thia into account but makes it explicit tnat the weighing of costs and benefits is the fundamental element in all "policy" thinking, including criminal policy. It seems expedient to consider ooparatoly tho "total sum" of costs brought about by criminality and measures against criminality end the problem of distributing these oosts justly on the various parties involved ... - Vor these reasons the State Committee on Juvenile Delinquency in ite report published in 1966 adopted a radically different definition of criminal policy including all "activities which aim at serving generally accepted values" in the field of deoieionmaking related to criminality. The author puts forward the following definitioni "Criminal policy comprises all social policy efforts primarily aimed at 1; regulating the total amount of social costs (including human suffering) brought about by criminality or by the neasures token against criminality, and 2) distributing these social costs Justly on the parties involved (the orimi-nalt the victim, the general public etc.)* Accordingly we are confronted with two concepts of criminal policy which are fundamentally different. When putting in the questionnaire the thesis that criminal policy is determined by certain concepts we had in mind similar concepts about the aims and ways to achieve them as more or less any policy relies on. The three respondents who suggested that the concept should be dropped from tbe definition probably did not understand the notion of the concept in thia sense. But Mr Mo Grath (Canada) pointed out (similarly to Mr Tflrnudd) that in the fight against criminality only appropriate ways should be used, end Professors Novotny and Cohubert (Czechoslovakia) pointed out that criminal policy oust take its start from theoretical insights.^ In the opinion of the rest of the respondents, oriminal policy has in addition to the fight against criminality ocoupy itself also with — problems of incrimination and penalization of offences for it is by no means irrelevant what society defines as offence and how it considers the offence with regard to the punish- 3 Bavcon saysi The shaping of any kind of policy, under the circumstances of the modern world, is of course no longer the fruit of a more or less favourable intuition and inspiration but represents a planning based on the study of the reality and its develcp/mental tendencies (Kriminalna politika v sodobni družbi , p. 179)* went prescribed (Doleisch, Schima - Austria; Kaiser - federal Republic of Germany); - prevention (Bavcon - Yugoslavia; Cualla - Colombia; Glueck - USA; Hartmann, Lekschas, Stiller — German Demoora tic Republic; Robert - France; Rose - United Kingdom; Schubert - Czechoslovakia; Veillard, Kurt - Switzerland; Walczok, Wierzbicki - Poland; - while Kaiser (Federal Republic of Germany) accentuates that criminal policy is not to be confounded with prevention; * Juvenile criminality (Sa* Bander - Indonesia) which is of particular significance for countries that define Juvenile delinquency as distinct from adult criminality; «* problems of re-socialization (Bavcon - Yugoslavia, Cualla -Colombia, Robert - France, Veillard, Kurt - Switzerland); and - the effects of actions taken by social institutions or government agencies not explicitly designed to have any impact on criminal activity. For example ... what is the criminal impact of restructuring the Postale service? (Weber - USA). These activities are the responsibility of social institutions end government bodies (Hartmann, Lekschas, Stiller - German Democratio Republic, Michard - France, Walczak, Wlerzbicki - Poland, Weber - USA). Some respondents pointed out in this conneotion the court procedure ((Dolelsch - 12 v Austria emphasizes the influence of the Jury; Michard - Prance;, and respondents from the German Democratic Republic the society «* as a whole. ~ Criminal policy should exercise aa influence not only on the reducing of crime rates but also on removal of criminogenic social conditions (Mueller - UHA) and on reducing asocial bshaviour8 (Michard - France, Di Tullio - Italy); on tbs other hand it should contribute to the formation of the Juridical conscience and of the public opinion (Novotny - Czechoslovakia). In the last consequence it should - in the opinion of some respondents - tend towards ousting^criminality (Hartmann, Lekechas, Stiller - German Democratic Republic, Radar - Hungary, Walozak, Wiorzbicki - Poland). Its role is in the opinion of the respondents defined in approximately the following way: • Criminal policy will obviously range critically across the dogmatic limits of "a given concept" and "the existing penal code" (Johnston - Australia); - Criminal policy represents a synthesis between the theory of the penal code and criminology (Wflrtenberger - Federal Republic of Germany) - Inasmuch it is a port of the policy and is accordingly concerned with the entire system of social control, the scope of reference of criminal policy reaches beyond the penal code into those spheres of social norms on which legal regu- - 12 * lations aro based (Kaiser - Federal Republic of Germany), Finally let me say that the term *"criminal policy" vary probably does not adequately describe the task, generally understood under that term. Professors Hartmann, Lekachaa»and Stiller (German DR) use instead of it "fight against and pre- l vention of criminality11 ^ Nevertheless the term criminal poli- < ca has been particularly on tne European continent, in use iL for so long (from Franz v. Liszt onwards) and still la used (so it was given to me as the theme of my report) that X use the term at this moment irrespective of its deficiencies. Perhaps we shall be able to find a more suitable term on another occasion. QUESTION B: Categories of actions and measures that fall under the hooding of criminal policy - 21 answers This question is connectod with the previous one in the sense that it tries to put forward the institutions and activities which contribute to tho realization of the goals •' of criminal policy. Items Wo 1, Wo 2, and Wo 4 refer to acti- » vitles and institutions expressly designed for fight against criminality (penal legislation, police, prosecution, judiciary agencies responsible for the administration of penal sanctions snd for pootpenal help). All tho respondents are agreed that 4 In a sense similar to that in which we use the term criminal policy, Geroenzon uses the term "ugolovnaja politics"• See Gercenzon. .N these ar« tb« bodies which perform the tasks of criminal policy. Item Wo jS mentions the Action of barristers (lawyers). Only 11 of the respondents dropped the contribution'of barristers from the list of the above actions. Which is to say ) t ■ that 20 respondents view the barristers as capable of contri- « buting their share in the pursuit of criminal policy. These answers are particularly interesting since none of tne respondents refers to any study which would determine the role of lawyers in criminal policy.^ Item Wo 5 mentions the Action by non-governmental bodies (i.e. domestic tribunals, disciplinary boards, etc.). i-‘ l 1 ' Such bodies exist predominantly in some countries and hence it is understandable that most of the respondents from other countries which have no such bodies dropped this item. i Item No 6 apparently was not understood by ell the people answering the questionnaire. It refers to economic and social measures by which I had meant economic and financial means allocated for actions in the field of social welfare and aocio-proventive activities in a broad sense of the term.’ The question must have been inadequately formulated since somebody, e.g. answered that this question waa out of place as borne while ago, JDr Hose brought to my attention an article by Zander which vividly illustrates the descrimlnation of the poorer strata of population in the utilization of defense. See Zander. it was immorali another one said that such measures con be applied only as penal sanctions (he probably thought or rineš), and similar• An analysis or the answers to this questions w would nance be inappropriate. Items hos 7-12 comprise such activities as social welfare, health service, education, culture, voluntary societies - that ia all the remaining sociopolitical activities in a broader sense or the term. In reply to these questions tne respondents answered as rollows. - all these activities have a significance in pursuing the goals of criminal policy 15 answers * these activities have a significance in pursuing the goals of criminal policy inasmuch they are expressly intended for that 8 answers — they have no significance whatsoever in pursuing the goals of criminal policy £ answers • some of these activities (particularly those or the social weliare character) have no eigniricance in pursuing the goals or criminal polioy p answers Total 31 answers Personally 1 rind it hard to accept the attitudes and answers or the laGt 8 respondents. However, 1 think that on the basis of the majority or answers wo could systematise the actions which aro significant in the pursuit of criminal polioy} ■ - into general socio-economic, cultural, educational, health - 16 - measures, social actions and normative measures (from tne . field of economy, civil law, family law, financial law, administrative law, and tne like); - into special measures which are within the framework of general measures specifically designed for the prevention of criminality ; and ~ into penal law measures together with all the educational * and mentalhygienio measures used for the offendere irrespective of their age. As additional bodies and activities not specially listed in the questionnaire some respondents liat particularly; - ths work of special bodies or actions for youth (Christiansen -Denmark; Hartmann, Lekochas, Stiller - German DK; Michard -Prance; Gsabo, Vermes - Hungary; Veillard, Kurt - Switzerland; kflrtenberger - PR Germany); - speoial endeavours of local communities and of the leading organs in enterprises (Hartmann, Lekochas, Stiller - Gorman DR; - the actions of the university and the education of students (Cuslla - Colombia; Johnston - Australia); - the activity of religious associations (Cualla - Colombia; Glusck - USA); end some othor activities that are specific for individual countries, (for instance Cualla for Colombia). Sss Sovjetska Ja kriminologija - pp. 11 j>, 114. QUESTION C: The implementation of research findings in the field of criminal policy - 2S) answers when listing the question which criminological and experimental studies have since the World War 11 contributed to the decisions of the decisionmaking bodies in the field of criminal policy 1 did not expect many answers. It is above all true that some of us, criminologists and research-workers, are very uncertain and frequently worried in view of the lack of the response to our work on the part of the social practice. Besides, sn answer to a question ' put in this way is bound to be difficult os the political decisions are almost never influenced only by the research findings but invariably by series of other factors. And so 1 was genuinely surprised to receive la reply to the question C as many as 2'j answers. but the answers of the respondents are here so qualitatively different that any schematic summing of them would give nothing but a distorted picture of the real state of affaire. Accordingly, Mr Weber from the UdA, for instance, mentioned in this context only one extonslve experimental study currently being made in California while a few respondents from some other countries in which empirical research was started much later mentioned even more than 140 pieces of research. For this reason I shall in this respect resort to the interpretations which may bring out above all the 13 perceptions of the research-workers towards this question, i.e. their subjective feelings. The directly or indirectly expressed opinions oontained in tho onsworo to the question about the influence- I of research findings on the social practice (C plus D) were first dividod into a few kinds of attitudes which I have defined os follows I Tne influence of research findings on criminal policy 1st 1) positive 2) partial; the attitudes of the decision-making bodies are changing only slowly 5) minimal or almost without influence 4) dubious 5) no attitude expressed 6) no empirical studios have been made Totali The attitudes of research-workera working in admini- universities Total stration or independent institutions ■, • ' / 2 2 4 3 3 \ 9 ' . 27 36 With reapeot to these attitudes individual research-workers hove been classified as followst 19 administration universities or independent institutions 1) The-influence_is_2ositiv0 Anttile, TOrnudd - Finland Mendoza - Venezuela Michard - France Walozak, Wierzbicki - Poland 2) The_influence_is-2artial Novotny - Czechoslovakia 3} The_influence_isjniniin8l MoOrath - Canada Veillard - Switzerland 4) The influence is dubious 5) No_ettitude_ex£res8ed Doleisoh - Austria Robert - France Batawia - Polsnd Cualla - Colombia Glueck - USA Hartmann, Leksohas, Stiller - German DR Kadar - Hungary Mueller - USA Szabo, Vermes - Hungary Bavcon - Yugoslavia Ponti - Italy Schubert - Czechoslovakia Di Tullio - Italy Wdrtenberger - FR Germany Bekaert - Belgium t Christiansen - Denmark Ferracuti - Italy Schima - Austria Strahi - Sweden Versele - Belgium Kaiser - FR Germany Rose - United Kingdom Sieverts, Schneider -FR Germany Weber - USA Bemmelen - Holland Neudert - Austria - 20- administration universities or independent instit utions 6) flip important empirični studies hove been mode JohnRton - Australia ' t * Karanikas - Greece * GaVbander - Indonesia A table of this kind certainly calls for a few notes* of explanation. First, the number of answers is to small to allow a more detailed specification. Thus I was in no smoli doubt where to classify Mr Robert Weber who works on the National Council of Crime and Delinquency (U3A) and Mr McGrath who works in Canadian Correction Association. Whereas the Canadian Association seems to me to be more strongly dependent on the administration of the Correction Service, 1 think that the American Rational Council of Crime and Delinquency, parti-oulerly as a oentre of documentation, represents a more or less independent body, 1 also had difficulties in classifying the answers by Prof.Walczok and Dr Vierzbicky from Poland. The answer they sent me was from the analytical department (Csrodek bedan t przestepczosci) of the Ministry of Justice. Prof. Walczak is at tne same time Professor in the Law Faculty and Minister of Justice. I assumed that the attitudes expressed reflect primarily the experiences with empirical research as done within the framework of the Ministry. The assumptions made are of course open to criticism — 21- and allow a different classification which the reader will be able to draw up for himself. Special interpretation is required also by the attitude according to which the influence of research findings on criminal policy is dubious. The opinion of all the four respon-denta from this category was perhaps most clearly explicated by Dr Kose who says: "Kesearoh is never more than a contributory factor and the eventual action is affected by many other pressures, so that it is often difficult to know exactly what part the results of research played". Tine synthetic analysis of the above classification way in fact be atrongly subjective. Yet, it appears that it offers but weak excuse for the expectations according to which respondents who work predominantly in administration should be more convinced of the positive influence of empirical studies on criminal policy than respondents who work in universities or independent agencies. But the impression left by the tabular survey suggests that the perception of the influences of research on social practice is more favourable with the respondents from the countries where the initiative for research comes primarily from the interest of the decision-making bodies or from the foundations, as for instance in the UoA (Item No 1), and less favourable in the countries where the initiative for research stems in the first place from the research-workers (Item No $). Here one should of course keep in mind that the acquired pattern of answers is not representative of the world situation. - 22 The studies said to have a certain amount of influence on criminal policy can be further classified with their reference to the respective areas of social practice. These areas are especially The number of respondents who have answered in thooe terms • the treatment of juvenile and younger adult delinquents • legislation (also juvenile legislation) "* the treatment of adult convicts and the organization pf penitentiary institutions • the treatment of delinquent alcohol addicts 20 »rr*~ I 18 i .18 ; r 9 4 The regaining fields of action, importsnt for our purpose, are: • the influence on the action of judiciary and of the police: 5 respondents; - the influences on the action of health (Glueck - UoA; bn v con - Yugoslavia), and social security bodies and of voluntary organisations (Bavcon - Yugoslavia); * ' - the influence on socio-economic conditions and on the prevention of criminality in communities and working organizations (respondoats from Czechoslovakian SK, German bh, Hungary, UoA, and Venezuela). Particularly the last kind of research is intended to contribute to the peneral preventive actions (in communities, find in some socialist countries also in enterprises)• This kind of actions and studies have so fsr been characteristic particularly of the \}&A? (a pnrt of the last project of this kind, "Californio Community Treatment Program", was appended to his answer by Hr Weber from the USA). The balance-sheet of similar studios in Europe was O until 1961 highly negative, Nevertheless mention should bo mode of at leant two projects of action research in Europe, although they may be less known: the project sponsored by the town of Uristol in United Kingdom from the year 1955^* and a very comprehensive, global Swedish programme^0. In India such a project was stortod for a part of the town of Delhi in 1958.11 The expansion of action research on the European continent, in Asia and in South America was probably influen-ced by the seminars arranged for this purpose by the United Nations* but little is known of similar endeavours made in some of the socialist countries. Admittedly, their political, methodological, and sctional approaches are in fact different (these are largely descriptive studies with appended sets of 7 4 Christe* Reohurchos sur lea methodes des prevention du crime pp. 64-66 8 Morrison 9 Prevention of Juvenile Delinquency in Selected European Countries, UN, p. Ill lo Christie,C- Keohorches sur les methodes de prevention du crimej pp. 65, 64 Clinard, pp. 7, 8 recommendations which, compel the agencies and governemontal bodics^a uxfi’erent way as in other countries), but the goals of the research and actions aro similar. The purpose is to enlist for the prevention of criminality and other socio--pathological phenomena the population, social as well as , governmental bodies. Besides the criminologists of the Czechoslovakia, German LR, and Hungary it is particularly the Soviet criminologists who are engaged in such studies and in * 12 the preparation of recommendations« Action research is usually expensive, comprehensive and takes a long time for its completion, its positive results hardly admit of assessment and verification. But it cannot be denied that this opens a way for cooperation between research-workers and practitioners which significantly contributes to a better mutual understanding. The problems of the influence of research on legislation will be discussed in connection with the answers to the question D. QUESTION D: The communication media that have contributed to the assimilation of the.results of research by society - 20 answers Although this is probably the key question of my 12 See Oovjetskaja kriminologija, pp. 202-226; Kasatkin -Koslepčev - Btatkua: Ivanov; Voronoov - Gukovskaya - Melniko va; helBkij - Klejner. i'or German DR eee also: Gtirtler - Lehman: Mtiller theme* I received in reply to it the smallest number of answers. The manners of communication os given by the respondents can be classified into 6 categories: 1) Influencing the public opinion is claimed to be a significant footor by 11 respondents. The positive influence of mass media is mentioned particularly by Bavcon (Yugoslavia); Christiansen (Denmark); Cualla (Colombia); Glueck (U3A); McGrath (Canada); Mueller (U3A); Btrshl (Bweden); ilirtenberger (PR Germany). Public lectures and discussions, partly with the participation of the representatives of mass media are made use of in Czechoslovakia (Novotny, Bchubert) and Yugoslavia; while populary scientific propaganda is said to bo an effective means by the respondents from the German DR. 2) Administrative communication is mentioned in the answers eight times. Anttila-Tdrnudd (Finland); Beakrrt (Belgium); Ferracuti (Italy); Kadar (Hungary); Mendoza (Venezuela); Mueller (USA); and Volczak and Wierzbioky (Poland) soy that influence on the decision-making bodies could be exercised ©specially by those reaearcn departments which work within the frame of administrative bodies. Hartmann, Lekochas, and Btillor (German DK) say of thei^> own country: "The topiče of research themselves must at any rate develop out of the requirements of the social practice considering the prognostic developmental trenda of society. Research con only become efficient in practice if thor# is a practice ready to transform its results. Tnerefore a system was found according to which the leading organa of practice, concerned directly with the fight against criminality and its prevention, announce their requirements for a research which is prognostically oriented and covers a period of perspective plan of five years. They are delibe- i rated in the Council for Tolitioal and Legal Ke3carch of the GDR, worked up into a proposal of the Council to the Government of the GDI? end after that they are passed by the government as s plan task. The researches realized according to auoh s plan by the various collective groups ore to be financed in relation to the tasks ..." And further: "Thus the whole system of socialist administration of ,-justice is obliged to transfer the results of research after testing them into practice and to generally carry them through. The Renal Code Indirectly contains such obligations for all organs of state and factories. A corresponding government decree has been passed for juvenile research ..." jj) The participation of practitioners In research and vice versa of research-workers in practice is considered to be an effective means of communication between research ®nd practice by 6 respondents. Of these, the participation of workers from practice in research is mentioned particularly by the respondents from the German DR, Wichord from France, and Novotny from Czechoslovakia, while the participation of vesearoh—workers in practice is claimed to be fruitful by Font! from Italy and Weber from the U3A. *0 The education of staff (regular* post-graduate, and inservioe training) is seen as a significant factor by 7 respondents: Anttlla^TGrnudd (Finland); Bavcon (Yugoslavia); dluecit (USA) i 'Kartmann, Lekechos, Stiller (German DR); Mendo-aa (Venezuela); Mueller (USA); Novotny (Czechoslovakia). 5) The participation of research-workers in the legislative bodies is explicitly mentioned only by > respondents , namely by: Bavcon from Yugoslavia; the respondents from the German UK, Radar from Hungary, Novotny from Czechoslovakia, and Mueller from the USA. I should like to dwell e little more on the problem of legislation, particularly owing to the answers made to the Question C. In connection with the Question C it was 18 respondents who said that the results of the research hove on indirect influence on legislation fehile actual participation in legislation was mentioned only fey 5 respondents. At first I thought this was duo to a defect in the answers of the respondents in connection with the question under b. Cn reexamination of the names of the respondents it oocured to me that perhaps the majority of the remaining in fact do no participate in legislative bodies. A schematic but perhaps slightly superficial assessment of the situation in this respect might also be something like the following: * of Western Continental Europe it may be still true to soy that professors play a leading pert in the preparation and M revision of penal codes. Even when mixed commissions are set % up, including judges, prosecutors and high officials of v the Ministries of Justice, they Invariably turn to the professors for advice and guidance. v But Western Continental Europe has only in recent years come to see that empirical research in tho field of criminology is a necessity, whereas the habit of tho legislative bodies to hold frequent consultations with experts from other fields (except of exceptional consultations with psychiatrists for the formulation of the penal responsibility) docs not exist; * of the Scandinavian countries which have a longer tradition in criminological research tho statement made in 196J? by Prof. Waabon is probably still true, namely that ho does not know an instance at which the parliament would have uaed tho research findings in order to make a change in 14- the legislation. • of the Anglo-Saxon countries tho following statements arc probably acceptoble: "In tho prisons, the effects of the Mountbatten Report on prison security were still being felt, and tho Kadsinowica report on maximum security con- i ditiona amounted to a review of many aspects of the prison system ..." All the remaining changes have been made more or less without any similar preparations, "These changes Radssinowica i Id oology and Crime' pp. 21, 22 V* Rapport do la Reunion interregional© sur la Rechorcho Criminologique, p. 11 and reviews are ootning piecemeal, but taken together they cover as much ground as did the abortive Royal Commission (dissolved in 1966 - Noto by Vo). Changes may be needed but has the relative lack of conclusive research results been remedied since 1966? Commentators on the Criminal Justice Act 196V have suggested some two dozen research topics arising out of its provisions, end it will be some time before we con expect results even in those areas whore the necessary research is under way. The danger is of changes mode, not only without any foundation in existing research, but in circumstances which make it extremely difficult to find the resources for the further work needed to assess the effect of fresh change".^j^The perception of tne legislative bodies that in their work they need factual knowledge of the socio-economic relatione and cannot base the legislative amendments merely on their experience, legal comparative technique and commonsense continues in this respect to be persistent.^ b) The uprticlpation of research-workers in councils. committees, and similar is mentioned by the respondents from German i>R, by Kodor from Hungary, Novotny from Czechoslovakia, and Bavcon from Yugoslavia. In Yugoslavia research-workers 15 McClean, pp. 167, 168 16 JJeutol; Cavers; Bavcon, Kriminološka spoznanja in perspektive našega kazenskega prava - $0 - and professors participate in the work of the legislative bodies, in various committees of the departments of health and social welfare, of education, in the organs of the self--wanagemont in communes, in child guidance clinics, in institutions for the education of youth, in the councils for the performing 6f penal sanctions, and in voluntary organisations. On the other hand representatives of administrative bodies and professors from the faculties of law are on the councils of both institutes, one of which is independent (Belgrade), while the other one is at the faculty of Law (Ljubljana). 2. RESEARCH I am quite aware that it is not my task to discuss orioiinolopicol research in the present-day world. This is the task of the first reporter in our section, Pi’ofessor Czabo. But I find it impossible to discuss the relation between the two kinds of social activities when so far I have tried to define, by means of respondents, only one of them, tfor this reason, in ttie second chapter of uiy poper 1 am taking the liberty of offering a more or less personal view of what ie at present understood as criminological research, oven if running the risk that my opinion may dissent from the views of the principal reporter on this theme. At the .Second United Nations Congress on the Prevention of Crime and the Treatment of Offenders, held in I960 in London Professor ftadzinowicz estimated ns countries with a tradition in the research of criminal and socially deviant phenomena above all the U.S.A. and Great Britain while as countries which had only just started to study such phenomena he quoted the Scandinavian countries, liolland, Denmark, and Finland. As institutions promising to offer potential contributions to the research work in this domain he pointod out .e Centre do formation et do recherche de 1‘education surveille'o du minir-toro de la Justice a Vaucreoson (in France) and Le Centre d‘etude de la delinquance juvenile a Bruxelles (in Belgium)^, which had then just started 17 Radzinowicz, Criminological and Penological Research Radzinowicz, Ou en eot la criminologie research in juvenile delinquency and which have 00 far remained exclusively confined to that sphere. During the last decade a greet number of new institutions pursuing this work have sprung up. Additionally there came to research-work on the part of indl their private initiative as well as to research particularly in sociological, psychological, and caedical ones.’ During the last decade we have witnessed the opening of criminological research centres along with the emergence of empirical research projects, particularly in the following it) IQ OA pi pp countries: Bulgaria , Canada , Czechoslovakia , Egypt »franco iduols on in^centreo, 10 The Council for Criminological Roaeorch at the General Attorney’s Office of Pooplo’o Republic of Bulgaria was founded at the beginning of 1963. Gee ref. Bulgaria. 19 The Federal Minister of Justice sot up 0 committee in I960 to study all aspects of juvenile delinquency. A new Department of Criminology has been established by the University of Montreal. Toe Center of Criminology was established within the University of Toronto on July 1st 1962. Gee ref. Canada. 20 In 1929 within the office of tne General Public Prosecutor a Scientific Research Institute of Crimineliatice was founded. This institute was dealing also with criminology and its name was in 1962 changed to "Criminological" institute. Gee ref. Czechoslovakia. 21 United Arab Republic founded the Rational Centre for Gocial and Criminological Research in Cairo. A centre existed probably already before the year 1961. Bee ref. Egypt. ) - $3 - German democratic Republic2*', Federal Republic of Germany2\ Hungary2*', India'16, Italy2^, Israel26, Japan2^, Countries of Criminological research pot an impetus as well as help through the criticism of the penal law science on the part of the party in 1962 and by a decree of the State Council in 196J concerning the tasks and the method of work of the Judicial bodies, with the help of scientific institutions General Attorney’s Office was to make a study of the movement, causes and conditions of criminality and of the succosa in the fight against it. A special section for scientific study of criminality was founded aa well as a corresponding council within the General Attorney’s Office. idee ref. Gerrsn i)R. Periodical literature brings reports on the work of criminological institutes and seminars in 1962 and 1965. Gee ref. FH Germany. 27 2b Criminological research is pursued by the Institute for State and .new within the Academy of Gciencea of Hungary, by the National institute of Criminalistics, and by other agencies, in 1962 the National Institute of Criminalistics brought out the first volume of the publication studies in Criminalistics. Gee ref. Hungary. ' ■ ■ I *• . •- Experimental project on local community action in Delhi was started in 1956» Already before that Tata Institute of Social Science - Department.of Criminology, Juvenile Delinquency and Correctional Administration was active in resoeroh in Bombay. \ See ref. India. Gee ref. Italy. Institute of Criminology at the Hebrew University in Jerusalem was founded in i960, in 1961 another criminological institute was founded at tne University Bar-llan in tamot-Ganu. The Institute was founded by four organs: the penitentiary commission, the police, social and defense ministries. Gee ref. Israel. The former Training Institute of Ministry of Justioe was in 1959 reorganized into Eesearoh and Training Departments. 54 - of Latin America*^, Poland*^, Soviet Union*^, Yugoslavia^, and probably in some others as well. The list is not exhaustive, as it was not tne intention of the present contribution to stu- I dy this question (also the literature which should document I these facts has been chosen largely ad hoo from the material available in the library of our Institute). Tho purpose of to this paper is above all^bring nn illustration of how rapidly , end strongly criminological research in the world has expanded over the lost ten years. In connection with what was said above it should be added that os early as in 1944 in Turkey two criminological research institutes were founded: at the University of Ankara 34 and at the University of Istanbul. In Venezuela as early os 50 See ref. Latin America. 51 The Xirat publication of tho Lepartment for Criminology at tho Institute for Legal ociences of tho Polish Aondemy of scioncos oppeorod in 195** (Archivum Kryminologii). The Ue-parttaent for penitentiary research was founded within the Ministry of Justice in 1961. See ref. Poland. 52 Vsoso juzn,y j institute po izučeniju pričin i razrabotke mer produprezdenijo prestupnoati has been established in 1965*' Lee ref. USSR. 55 See ref. Yugoslavia. 54 The first institutes were founded in 1944: The Institutes of Criminology of the Universities of Ankara and Istanbul. - $5 - /-v- in 1952 a special section was formed in the Ministry for the Administration of Justice. In Poland (at the Academy of Scien- I * oes) and in Yugoslavia (at the University) criminological research inotitute8 wore opened already in 195^ end so the subsequent new research centres in these two countries represented only a considerable strengthening of this activity. Rudiments of research work in this field existed in India and Japan already before I960, although this may not be very well known in Europe. The development of criminological research work in this part of the world has no doubt benefited, particularly during the last tea- years, from the UH Ama and Far hast Institute for the Prevention of Crime end the Treatment of Offenders.^ fchy air. I saying ell this}* Primarily because 1 am familiar with the objection thet what all we classify as criminological research work does not deserve that designation and particularly not the designation of "scientific research". Ouch an opinion is doubtlessly Justified in as much as it reflects the real state of affairs; it is, however, unjust in as much as it contains reproach and contempt. A few y>»ars ago* in a different context, I put down the following* "Perhaps we now know whet it was not quite clear The United Motions Asia and Far Fast Institute ior tne prevention of Crime and the Treatment of Offenders was established in 1962. See ref* United Motions. to us ten years ago. V*e are namely aware that a small scientific team which wonts to bo synchronised in its work and feels full responsibility towards the science and the nation needs for its own development, mutual understanding, coordination of theoretical standpoints and the ability of oynthetiaing the analytical interpretation into a whole (os if stemming from one single person) at least 15 years of intensive combined , efforts or even more. It may well happen that some of such working teams - owing to a too great beterogenousness of views and too different levels of knowledge - Just cannot achieve auch a cooperation. In this case they have to disperse and try to start work in now, different formations and perhaps also with modified pretensions. I’he scientific development of an individual is a process which is continued through generations j the scientific work of toams is a process of synthetic fusion of scientific findings achieved by generations"*^. Accordingly it io not at all surprising that the large majority of criminological studies as they ore being made particularly in the newly created rcsearoh centres ore preoccupied with descriptions, while here and there research-workers, hoaitatingly but still increasingly frequently, also take up conceptual problems. Unfortunately the conceptual questions sre for the present coming up in an isolated manner, in the form of studies written by ono man rather than as an Vodopivec, pp. 47, ^3. established constituent part of empirical research projects. And Mr. Kaymondis and Mr. k'avard-Drillaud hold the view thatA "any research ia descriptive in the first instance, dencription being the first phase of any survey as it is also the first phase ia any clinical or experimental approach, research of this type ia undoubtedly the most widespread, it represents the indispensable intitial access". If I had given more thought to this question at the time I promised to submit the paper, I would have suggested to the scientific commission of the International Association of Criminology and its Chairman Mr. Pinatel to drop from the title of my paper the adjective "scientific" and retain only the noun "research". 1 am all readiness to admit that 1 am less and less clear as regards the delimitation between science and the rest of the intellectual efforts of search - not only through what I spoke of above but also owing to the increasing ramification of scientific disciplines aod the limited views of those experts who tend to see nothing else but their own subject (which again they are more or leas compelled to do because of the speed at which science is developing). "The modern scientist ia such a mixture of knowledge and ignorance that it may be defined as a learned ignoramus"*'3 Tnia is why X very seldom and with great reluctance call myself a scientific research-worker. y/ Kaymondis - kovard Drilloud, p. 8 58 ' Mladenovič, p. 8 It seems to cm that at the present stage of the development and tradition in tho study of the social deviations it is difficult to demand something that would be essentially more than what we in fact have. Although all the rare eminent scientific works are available in a published form, a beginner who works in a different social context and under different conditions of work cannot simply continue from the point which was reached by his older predecessor in different circumstances.^ The predecessor’s example may shorten for him the way through errors and trials to success but it cannot oover that way for him. The second hesitation as regards the contemporary development of criminological research comes from tne organisational structure of the research and from the related danger of pragmatism. There 1g no doubt that modern criminological research centres which are run by the Administration are as regards the staff and finances stronger than those which work at universities or as independent institutions, but taeso last mentioned institutions are also not so very . free in the choioe of research-subjects and in their work as it would be desired. The position of dependence of the so-callod independent research centres on Administration, state-budget and various funds is vividly illustrated in hie paper by Professor Christiansen. Kelying on wide documentary activity, a team W See e.g. the endeavours of the ooviet author Zlobin for the improvement of the methodology of the study of the efectivo-ness of penal sanctions. 4o Christiansen, pp. V, 10. - M - *ork of experts from different fields, questionnaires, experiments, expensive machine and inteloctual analytical processing, modern research is so expensive that reooaroh outside a firm organisational structure has now become almost unfeasible. Within such organizational units the teams of brains trust may also be smell ones. (Unfortunately it often happens that they are not. The lower and the more elementary the professional level of the members is so much bigger they usually are.) But somebody ban to finance all this. And by the financing he implies his interest in the particular activity. Interest, it is to be observed, is always oriented and selective. I feel sure that a rational modern administration of today needs analytical services at all levels and that each of ua, research-workers, if happening to work in the administration, Would think so. To cherish a tendency to slow down a development of this kind would indeed mean to swim against the current of the development. And 1 feel in no way certain that this could at all contribute to the development of our scientific discipline. Let us 83y that the fundamental sciences aim at a cognition and understanding of the world man lives in or will live in the near future. Applicative research is intended to meet man's wish for a bettor way in the implementation of scientific findings in the practical field; and the work in the various fields of development means the application of 41 established methods in practice. Auger, pp. 18-20 40 Thie scheme which ie derived from natural and technical eciences applies to an extent also for our work. The world wc, the workers engaged in our discipline, live in is of course, end particularly, the social practice with the whole of its suitable and unsuitable methods drawn upon in its work with people. If the social practice is not open to the research-worker, if it does not give him the data he wants or if the reality gets distorted; or if there is not between these three levels of work an open and mutually confiding communication - than the scientist can at best hope to anticipate the truth but he cannot prove it.4^ i'or the purpose of such jobs it may well be that analytical departments dependent on the existing institutional structures are even more suitable than university workers for wnoro the analytical materials would have to be adapted and selected by the institutional structures. On the other hand it will probably not sound too pretentious to say that I do not feel certain that everybody who la called a scientist and works at a university is a scientist. Creative science contains also elements of imagination, but anybody pursuing those activities is not gifted with it. If we wanted to raise the science - which is today officially declared as such - on to a higher, really oreative Wo mattor wnat is the structure or status of the research centres, these centres must be in close touch with public servicos or else they would bo deprived of the sjources of 1 information needed. Cornil, p. 57. level, we would probably have to have a much broader background and bigger opportunities of choice. Analytical deportments inside the institutions could represent such a background. But the man who studies reality, even if according to instructions, has to improve bis knowledge and uas to compare the findings as recorded in literature with his own observations. The acquired results way satisfy him and he may adopt them to the expectations and demands of the institutions or he may not bo satisfied «nd will thus not adopt them. A research-worker who is driven by his own creative power and who has been given the opportunity of learning the results of the science and reality will wish to grow out of the frameworks which hamper him in tho discovering of the truth. If one day in the future he becomes a member of the university he will in spite of tho Uoylls end Choribdls of the work in practise bring with him an amount of the knowledge of the reality much greater from the amount he could have acquired if he had started his career as a direct scientific aspirant. This is why I am not wholly sure as to the Justification of tho thesis that oreativoness in this activity (criminological research, - note by Vo) can 44 develop only outside of administration. Perhaps the reverse 45 "For the peroon with Intellectual curiosity social research offers hope of fulfilling man’s ancient quest for self-knowledge ", Phillipo, p. 4 Rapport do la reunion interregionale, UN, p. 10. way night be a better one, that is the orientation of university staff to prepare young people for creative and critical - Analytical work also. . Finally let me say that X am wholly aware tnat I universities and scientific academies offer the beet conditions for personal creative freedom possible in a given political system, hut in a world which ia at its present stage on the t whole largely conforwietic autonomous search for the truth means also a certain degree of isolation, something that not everybody will desire or could endure. In order to achieve progress, however, it is also necessary to have big numbers of hard-working people. It thus appears to me that with an Appropriate degree of consideration we could and should work side by side, being aware of the fact that we both need one another and complement one another. Along with this it is false to believe that the designation as to where a porti-oular person works indicates the personality and the quality of the person. A3 it uufortunatoly happens, the selective social process ia by far not yet automatically objective. And so it occurs ond will continuo to occur that some research -workers inside administrative institutions will be more creative and closer to the truth than scientific workers bearing the highest denominations. - *3 - 2. RESEARCH AND POLIČK Even if in the preceding chapter I tried to domonr »trate that in the modern criminological research there are only few which might with justification be termed scientific, i shall in the present chapter first stop at the question of the relation between science and policy - this question being today all over the world one of those dilemmas to which different authors assucao highly different attitudes. As regards the definition of what constitutes policy, the numbor of definitions is enormous. However, for the purpose of the present paper it will probably suffice to say briefly that "the object of policy, in the broader cense of the term, is represented by the total socially conscious activity for the attainment of definite goals, while in the narrower sense of the term this activity is implemented in the state, or rather through the state" ^ Although this definition defines policy in terms of conscious activity, some writers ®re right in calling attention to tho foot that political decision - making goes beyond the decision-making based solely on positive knowledge, for tho decision - making is oriented towards certain ideological goals which reflect the value categories^ and besides it has to take into account the existing ^ Lukić, Istorija političkih i pravnih teorija, p. 23 In addition to other authors, this assertion is made also by the Yugoslav author A. Bibič, p. 41. realities (economical ones, the degree of social consciousness, and the like). In this way policy is becoming the art of what possible.4’'' Some while ago science could be defined os the fond . I of the knowledge of nature, society, and man. But in the present-day world this static view of the science finds its complement in the dynamic tendency to search and to carry on ♦ progresa. Today we have got in the forefront the question whether o particular country has science or not, which is to »ay whether eh© has research institutes in which to correct 48 hitherto findings and add new ones. The opinions about the relation between science and , policy are different. One among them is the opinion that these »re two branches of the social activity and have to be sharply demarcated - because science explores the reality while political activity evaluates the opportunity.second is the opinior^>f abstinence, for "the social and cultural systems will be taken for granted as operative, and major manipulations of uan*a environment will be made in monumental proportions".''0 'fne thlr^ view of the role of the science in policy is engaged dolince - since everything offered on the intellectual plane Osabo, p, 286 4Q According to Mladenovič, p. 24. 49 Lukič, Politika 1 nauka, p. 1061. 50 Wolfgang, p. 120. by philosophy (or rather, by science in the broader sense of tho term - remark by Vo) finds it3 sense only when it is materialized in practice with the purpose to come closer to a better and more humanistic way of life.*^ In literaturo one can find several reasons that science be obliged to 000k ways of roalizing its findings in the social practice. The study of nature, society, and man is in itself a social activity and its findings become common property if the scientist wants it or not. On the other hand tshio stems 0I30 from the moral obligation towards society ^hich facilitates scientific development, for "If those who know and those who wish to inquire refuse to be concerned *ith action, or, what amounts to the same thing, do not learn fche necessary skills of communication, society certainly will b2 not evolve, and may even perish.^ i should not like to continue with giving reasons that science is obliged not only to give its findings to the 51 According to Marx, i-Jarković, p. 8. 52 Wilkins, p. 29. kith reference to the case of Caryl Chossman, it ws9 said by Teeters, "where do academic criminologists stand on an issue of this sort? Do they sit in their ivory towers in the academic cloisters and soy or write nothing in protests against ouch newspaper vilefication of a man who is fighting for his life, and practically alone? ... To dissipate this strange, but understandable situation is more than a challenge to academicians, it is a responsibility” (p. 12.)• society but also to work towards their application along these lines as this might acquire an apodictic ring. So I would like to illustrate the problem from a different angle -the reverse and negative in connection with the discipline whioh is the subject of our discussion. V*hot we are concerned with is the field of the social prevention and the otrugle against socially deviant , phenomena, khat all can happen in this field if we offer to the social practice only our potential findings but do not engage ourselves for their application? flpn is not merely a rational being but is at the same time full of tensions owing to his inner contradictions^ and anxieties an outlet from which he seeks in certain discharges i which if resorted to over a longer period may also do harm to him, The tendency towards a purification of tne so-called sociolly normal behaviour from all human weaknesses would mean an indefinite extension of the notion of social deviance and would set up an unaurmountable sap between the different kinds of social cultures. This is the dilemma about tue realising of the usefulness or disadvantages of behaviour patterns which is faced with the usefulness or disadvantages of tho narrowing or broadening of crime definitions.*^ 53 Among other, contemporary Soviet author Igoshev calls attention to the existence of the contradictions in society, man, and in its consciousness. * The problems of narrowing the responsibility for the criminal act are treated, among other authors, also by the Soviet writers Kuahecova and Ljas^ x' The development of modern technical sciences (dactyloscopy, forensic medicine, serology, chemistry and toxicology, physics with spectrometry and radio-active analysis, biology and especially microbiology, graphology, pnoto and television techniques, cybernetics, and so forth) offer the possibility of controling the people (including political control) at any time and in the roost intiroato spheres of their life. in investigations, psychological findings make it possible to use projective techniques, methods of free association and of polygrupb while medicino has made available narco-analysis. Criminological experts opinions used in the penal process may disclose to the participants in the triol as well as to the audienco the intimate inner world not only of the accused but also (if it has been well prepared) of all those who have bad certain roles in tho accused persoa/s life - hence, of tue people who are not at all the subject of the penal process. ^ In tho sphere of penal sanctions we are advocating a suitable treatment of tho offenders. We hevo empirically established that penalty as retribution fails to bo effective means.But in the context of the penal law, o treatment 55 Chaaol ^ The traditional punitive process "repression - verdict - imprisonment" has to be replaced by "prevention - selection -treatment", for the punishment has no future. *>icc&, pp. lid. continues to be a measure forced upon the offender, a consequence of the sentence and of the social stigmatization. If the so-fcalled treatment is proportionately determined according to the offender’s personality and not according to the grove-nees of bis offense, it means the condemnation of the personality and not the verdict of his act. In substance every treatment is the exertion of in-fluence on the personality, so that the person would change in tne direction considered by the therapist to be useful. The treatment can bo carried out for the benefit of the person subjected to it or it can bo subordinated to the goals envisaged by the therapist (also to political goals). The border line between treatment and manipulation is not sharply fixed. In penal institutons and in .institutions for treatment it 1a possible to carry on a series of experiments which can all in the last instance serve the progresa of science. But it is a question if such experiments are acceptable from the ethical point of view. Cybernetics will make it possible to follow and control tho individual life of every man, of his behaviour and his thinking. "Cybernetics is opening for us now chances of freedom and in doing thia it is charging us with immense responsibility since cybernetics might also lead to the loss of every freedom". Open for the legal science and for criminology remain heaberg also all the questions of modern technical discovieries and experiments connected with the role of man played in them; of the discoveries and experiments in medicine and pharmacology as well as the problem of euthanasia.^ i And finally some countries are advocating a return of various repressive functions to the citizens. This, however, nay be a rather dangerous course to pursue for the Judicial , and executive bodies are intended not only to guard public order and peace but also for a more reasonable dealing with the socially deviant persons. And at the samo time this is a dam against the agrossive discharge of the general human re-59 vengefulness." By means of the scientific findings wo might easily contribute towards the transformation of the ineffective despotism into an effective one, says Ohriatio.^0 I do not feel certain that the final results of the scientific endeavours in our scienco might bo to people and society at larfo essentially less harmful than the findings of atomic physios. By publishing the results of scientific • inquiries wo hove not freed ourselves of the responsibility for their use, naid Kax Born. The physics in the modern world 58 Kobe 59 Bavcon, Vlogo Javnosti pri zatiranju kriminalitete 60 Born Kax, seo ref. are fully ©ware of their social responsibility and have recently doubtlessly paid to such problems more attention than we* criminologists, have. In this way we witness in 1963 the beginning of the British Society for Social Responsibility in Science. The world is today crying for wuat lies beyond 62 science, for wicdom The scientist in the modern world cannot bo freed from the responsibility for the application of hia findings in the social practice and cannot be uninterested in political docioions. Which means commitment, a science committed both for the use and against the misuse of scientific achievements. • The question proceeding from this fundamental problem is of cour ;e the question of the ways of cooperation between science and policy. That science for its dovelopment requires a cert in amount of autonomy, there can be no doubt about it. Katio al reporter Dr Kaiser recommends the model of the cooperation of tho partners, according to which science offers at the disposal of policy information and advice while the politician is the one who makes the decision and in doing this takes into consideration also other conditions of the social reality. "The only possibility left to scientific research is thr >ugh its contribution and not in the least through revoaliig, disenchantment and ideological doubt to raise rational iecision-making in criminal policy."^ 62 1 Seaborg 63 Kaiaer, report, pp. 1'/, 18. Kaiser, Vorbenverkungen au Grund-fragen heuti r,er Kriminalpolitik, p. 2?. In tbs noli* leal č act.>ion~ccnine it is rteini th* pwhile opinion which . ... ..... 3rdj role. "For a hi i r level of policy, tie r ..■' > of acier.ce to the public c >inic : _$ constitutive*, - ...o«..;?:rc3. This, how over , aa,y os ..../ . ../i rioe to "the ; o ion tifai one • would iiKQ to f icnfcific d . a a. ...ana or. the public opici •? to . .. „c it ideol ..ily* whie.* fee .... Wind v- -i-cui-v. . oilcatc quest!. o sti "a noč . .. a snee .... to play a dec . cole cede, constitute ■ f > only to the da .. tc u..icn oeiencs •••:. t, olof through the nec-s cf - - «xperiv.nc>. . 8p ' of the r: 3 , .... Ha c_ •;..cu •: is i ■>:. .. . , ..or 1 foe •• noni cotiet u.'.čr the publ C P c.. o u ..peh of act-vit^. dspćv* 1>P Jic to -v. ... .-o in toe ".o'. .lie cPinions •. articular 1,/ -rt 0 0. .... a 1 act.vf;: , -- >v present a :: ..riec of pr ■■ >.. C /1 :. ' . .U., .: oin.. .oc. ..no *8 own o. ...-’cc-.... .* tree see ore tent. . .. . ^ .-iv o r. floatwt un CCS .CiO Of the ice; \. ' ...oriel v -.3 . on dice. c» trici- nolo v cot. t live ini., do -.-.n . d : an. 1 frequently toi; ' our tin. -> ■luu D •... v* • * f it. or.; fore ion. lit our ■TS -i ^ ■ • •*• — - »v • ...: nut. ore or pro fee .-.■ •' o .ions but' ■ oct ;on. o ted ■ c.. ...;. -; 1 d** Habermu 144. And .ill . . 'Ms 8 ... c Shoo.rut ion.. men and politicians we find to our surprise that we do not speak a language that v;culd make productive communication possible. Physicians, psychologists, and mental hygienists long ago ovcrca: e such difficulties end thoir fame does nob at all suffer if they mako use of cheap mass media that can roach the widest circles of population. Prom this somewhat high-reaching discussion of the role of science in modern society let mo com© back to research work in general. If tho essential question of science is "why", then the division of research into fundamental, applicative, and developmental (in our case action and demonstration research) cannot be of much help in the answer. It cannot be denied that she ^r applicative or developmental-expei'j.uontal work con also g .ve us a number of answers to this question (if in no other way then by the fact that the scientist is also faced with the fundamental question why practice will not or cannot implement his findings). fl'he interaction between all these levels of activity is hence becoming a condition of the development of icientific work in general. "Oscillation between disciolioe, criminal policy ban in the course of history changed its concepts, its content, and the means of its practical actions ... In the field of prevention the means#! passed from tho passive punitive prevention to emphasizing the preventive role of the public and the public opinion os a significant factor in the shaping of thoughts, feelings, and attitudes towards the development of man's actions and regulation cf social relations, i'or that reason this has become one of the fundamental concepts in modern political sciences and especially in political sociology" (p. 132). - 52 - applicative and fundamental studies is the general rale, .starting Trom the solving of a concrete problem the research-worker is arriving at theoretical generalisations, and his fundamental findings which Jo has achieved in this way are again reflected in the application.6^ Something similar is true of the institutional fratnew' rk. It cannot bo a33erted that 3cienco could bo pursued and developed solely within the framework of universities and academies, although at lea3t for the social sciences they offer perhaps the beat conditions. But significant diocoveries were made also by roember3 of research institutes Vfhich work within the frame of other institutions. There is a sound reason for the fear that such research centres consolidate 9 (S6> bhe existing structures nnd that scientists who become engaged In practical work tend to I030 their critical distance towards practice. ' In fact one cannot imagine that workers in such centres could do much thinking about the social justification of the institution in which they work. But outside these questions which can be taken up by other research-workers as woll there are t ony other problems a solution to which may be Bought also in such institutional frameworks. It is probuble, however, that such research and analysis centres have a social role slightly different from that of universities and other independent rosearch institutions. 65 Auger, p. 19. 66 Martin Kaiser, report, p. 12. - 5* - If their primary task is to follow phenomena which the institution is concerned with and the efficiency of its work, then they con be along with this a significant mediator of . 68 scientific achievements to practice and policy. What other research-workers at a different level usually do not know, i.e. give straightforward advice how to perform jobs that have to • be performed more expediently and perhaps also in a more simple way, could be translated into the vocabulary of practice and selected from the enormous amount of material in these very centres. It is they who know sophisticated scientific terminology and the terminology of practice. Additionally, there belongs to their tasks the programming of the development of the institution with regard to the predictable events in the future. "The American federal Government runs thirty-five such scientific agencies. Established within this framework is a permanent communication between science and policy such as could otherwise be started only ad hoc when special research tasks are commissioned." HabermaXi p. Ip4. Perhaps it would bo a good thing if the relations between criminologists, criminological research-workers, theorists of the penal law, and criminal policy were similar to wnat was outlined in the preceding chapter. But Tor the time being reality remains rather different. The relations between people are on the whole strongly dependent on the objective conditions, subjective perceptions, and the needs emanating from them. Criminology is no strategy or technical science - but this two factors nave in the search of contemporary political end economic equilibriums priority. without cherising any kind of illusions one has to admit that high science is coming from the discoveries of the nuclear energy which forms the basis of modern armaments. "Tne most important port of modern armaments - nuclear weapons and their carriers from the airplane to the rocket - require the highest science and this is practically the monopoly of a few countries ... The next motive for the great consumption of science is tne prestige which is said to be the main reason for the ’ programme of sending man into space and the building of big accelerators and telescopes ... " And the third motive which promotes the development of science is tt e tendency to improve the material conditions; this tendency in realized above all in the heightening of the productivity ono competitiveness on the foreign market,^ iluch f motivated interest of political forces is to be soen also in the distribution of the financial Investments in science, Tho position of the social sciences (with the oxception of the economic one) is essentially different. The content of the vork social sciences are occupied witn consists of the social r2, 262, 26p; morris, Legal definitions, p. 247; Christie, Sea -dinavian criminology facing the 19?0*s, p. 22 76 Mladenovič, p >. 42, 59. Critical doubts about the relations between science and policy were in this respect brought forward also by the spaco exploration (se Kandow). 77 Christie, ocardinevian criminology facing the 1970*3, p. 21. 78 Christiansen, p. 8. - in his polemic with the "vehement unmasking" of criminology as presented by Lange in the article "Wandlungen in den kriminologischen Grundlo ,en der Otrafrechts-reforra", published in I960, Lack sayo:"All tne quotations come from Longe*s e ribxtious attempt to justify the legal punitive principles of ruilt and retribution with the failures of ompi- 60 - certainty of tho political action is of course diminished. ^ Perhaps the above contradictions in the interests ere presented too drastically and are not true to the ease extent of every country and political system. Yet I thought It necessary to discloso them in their extreme outlines so that they would become more present to ua and more plastic. This is probably also a constituent part of tbe reality we livo and work i i and which has to be known in order to make it easier to find a way out of the present intricate situation ts into the future. The more unrealistic and unreal are mutual expectations, t e bigger are the disappointments following the-rn. The way out of the crisis in which in this respect happen to be re earch-workera, practitioners and political workers (wno ha/o to run the affairs entrusted to them) will probably have to be sought in realistic disclosure of the possibilities a id impossibilities; in tho mutual respect for the work each o ' \is in carrying on in hi3 or her own field, and in tolerant occeptanco of one another. On the one hand w© are faced with momentary needs in tho solution of which help can bo offered especially by the criminologist who accepts the present as it is. The number of the research-workers of this type is and will probably remain in the ua- rical sciences dealing with human behaviour ... In this way the weakness of modorn science suddenly becomes the virtue of rauction." hue oack, p. 4V/>. 61 jority. But the bigger it is the easier it will be for the society to set apart a few workers whose imagination will drive them to Dock beyond the present end to look at it from the prospective future. But it remains a question wiiotner the society will succeed in setting apart for this purpose those who have sufficient creative power for such work, sufficient imagination and not too much fear of the isolation.* In spite of all this it is impossible to overlook the fact that criminology has had during the last hundred year or so - si ice it has been in existence - a strong influence on legislature^0 penal low theory and practice, as well as on the treatment of offenders. The one sole stimulus l"or progression remains the doubt into the perfection of the present. Bo According to Dchick this influence is demonstrated by at least 60 araenlments of the German penal code adopted during 1871 - 1168. See Schick, p. S7. - 62 - * 5. TOWARDS 1930 ? The opportunity to anticipate about what is likely to be going on in tho relations between research and policy in tho cotring y pars seems to bo in the year 1970 too tempting to be resisted. This is tho year when all maos media are full of forecasting. In all tne fields of man’s activities too tempo of development has been made so fast that on the one hand we are filLed with fear that man might not be able to remain in control of his achievements whereas on tho other hand any idea which arouses roan’s curiosity also has a contaminating influence. V'or resoerch-workers from the field of sociel sciences tho mclitation about the future is not something very new. After all, this has been tho reason why ^uetelet started his stuty of the demogeo-rephical phenomena; such initiatives hova been used in every technique of life assurance, old-age pension and health insurance. On a wider scope, however, the elaboration of demogeographlc, economic, and financial prognoses had developed in the inter-war period. In spite of the fact that many of the forecasts of the future have turned out to be inadequate even in the field of detno-geogrephy^1, the procesa of the expansion of forecasting in other spheres cf men’s activities has continued and by now become a neoesrity and the rule. Aftor so many years of - 6$ - successful as voli as unsuccessful attempts at forecasting man has finally become aware both of the extent of his possibilities as veil as of the moderate size of the knowledge at bis disposal for this purpose. The subject of my report in no way calls for such an attempt and Ln fact it is not my intention to finish it with a genuine futurological forecast. So far explorers of the relations b itween science and policy hove satisfied themselves by concluding their findings about the present and the pest with sugge itions for the future. This was a way much more safe and 1binding. If later on the reality happened to be different from the suggestions given, the responsibility for the insufficiencies laid with the social practice and not with the peraon who had given them. A deliberation about what is probable to happen, what the reality is going to be like, exposes above ail the forecaster to the possibility of being defeotod. If tb<.8 is so, if recently many a person from tho ranks of crimin llogists has exposed himself to the poooibility of being later proved incorrect in his assumptions, why should not Z take a ch soos for long. Prospective experts will have to be initiated into analytical research work. This, however, will not be possible without research centres in the university (although these will remain probably limited to a smaller sise and will have sm tiler financial resources) because ex catedra instruction, in the deductive way only, simply will not be , Q2 sufficient for t »is purpose. - bb - The e pansion of research can accordingly be expected In both direction also in the future. but wo are utill faced with the question of the possibility of free research work for those researchers who have an exceptional gift of imagination and are justified in requiring excep ional opportunities for thoir work. In the field of social sciences the ability of creative Pagination * denotes a tende*cy towards on anticipation of the future and dissatisfaction with the present. The majority culture and Particularly th j rtecinion-making bodies accept and consolidate the present; th ;y do not aim at significant changes and are sometimes afrai I of them. Where, then, can one hope to obtain the financial s ipport for such work os well as tue necessary trust on the po't of the society? I do not feel certain that the sooiety will be able to solve the conflict which resides in the essence >f the subject during the coming decade. There will be only re c*e individuals who will be given the opportunity by the society of the present to look back at it from the prospective of the future. 2° The spheres ~>f research Among the spheres of work mentioned by the reporters i should like t > single out those to which research-workers in the future will probably attach special significance. ' t The li.rst thing to notice is conceptusl questions. - 66 — 'A'he fusion of the aorth American empirical research orientation with the traditional European tendencies towards logical and theoretical reflection will very probably contribute its snare to the development of conceptual questions. The trend which in this sense has its roots in the UoA already will in the European mentality find its confirmation. 80 it is not without a reason that Wolfpang: anticipates that "the marriage of measurement and 83 grand theory will occur" And owing to this criminology will probably more a id moro tend towards synthetizing all the various kinds of information no for collected in a fragmentary way only. The next question is the problem of legislation. We live in a period of epidemic pattern of betaviour which are destroying the traditionally established taboos (youth’s riots, the use of drugo, changes in the views on sexual relations, the role of the family in the society, and the like). The social practice has by now got some experience which indicates that aocially forced interventions fail to be effective means in restricting tho r.e a-sociol patterns of behaviour with which man does harm above all to himself. The tendencies to have more social tolerance with such and similar phenomena and to purify the legislation from all thone provisions which enter «/4. tho private sphere of lifo are present on a world scale. But 8<>me of these phenomena are indeed disturbing 83 Wolfgang, p. 124. 84 - 6? - for the society (e.g. youth’s riots, idleness, parasitic way of life} and in some oases it will be hard to decide what should be nnd want should not be incriminated without a previous analysis of the social effect of such behaviour patterns. Therefore wo may probably expect that in the future the legislativo bodies will occasionally make use at least of the already existing results of criminological research I before deciding what is and what is not to be rc ulated by the penal low. It is not likely, however, that this would become the system and the established W8y of work in the coming ten years. The tradition of making the decisions on the basis of legal comparative techniques, common sense, and the pressure of the public ojinion continues to have strong roots while in this respect the criminological science is still very much Insufficient. The a '.olyse3 of how legislative, judicial. and executive bodica operate will for reasons stated above probably become more and more common. Aotlc i in (ieuionntration research, particularly in communities but perhaps also in working organizations, is an attractive field both for research-workers and for practitioners. 'Ihrouf’h work in this way the research-worker tests the application of his findings in practice and so paves for himself the way to generalizations on a higher level, lor the social practice too introduction of new methods is also a question of incbltutional, national, and international prestige. r » It may bo hoped that in the near future the social practice will come to see that careful recording of the work done and careful analysis both essentially enricho and consolidate the reputation of the experiment j** _5° Research met nods if we may hope for a happy marriage of measurement and grand theory we might olao hope that gradually we shall start methodologically to grow beyond the descriptive techniques. But on this way we are hindered by an obstacle which appears to be of a simple organizational nature but has in fact far-reaching consequences. ;iost research-workers from the field of social sciences have an attitude to the statistical science which is differont from the attitu leo towards the oMier professions constituing the research teams. One of the habit is that all research-workers of various profiles consider themselves to be also statisticians* they have acquired a knowledge of Borne statistical techniques which they employ on every occasion Q6 irrespective of whether the techniques ere appropriate or not. The computation is done by machines. Another way of the organization of work is that tho so-called applied matnematitisns are part of the computors 85 Gibbena, p. lo. 86 A equipments. She working unit organized in this way is to select on its own the appropriate methods of processing the data and computing the results for ell disciplines: from meteorology to technology, medicine, biology, economy, and further to sociological and other disciplines. Thus, the fact that statistics and machine programming are two different spheres of work is neglected. Statistics 1 is a scienoe by itself, just like any other science. It has its own theory and application. If the statistician is not a member of the research team, if he is not in a position to grasp tho conceptual problem and the subject of the research project, he cannot make adequate use of his theoretical knowledge (he cannot select for theoretically suggested hypotheses the appropriate quantifi-cetional method). Ao a scientific' discipline is statistics grounded on the theory of probability which has both a mathematical snd a philosophical meaning. One of its most important tasks i3 "to give a safety signal and to show how the collected empirical material in its size and com-' position does not suffice to draw any far-reaching conclusions. This socond, the so-called "scotch block function" (Hemschuh-Funktion) of toe mathematical statistics is largely overlooked by the CO opponents of statistics" . This basic misunderstanding is also the source of the common nnd justified objection to empirical sociologists, the objection that all modern empiricism satisfies itself with standardiaed questionnaires which through the uncritical results only consolidate the existing social structures (e.g. objections by Mills, end by Moore) If in the coming decade we do not manage to eliminate the basical i. ieur.derstanding of the role of mathematical statistics in research projects we shall not succeed in making use of the theoretical possibilities ofi'ered already by quantification today ffid in the final instance we shall fail to make use of the possibilities which are being opened by cybernetics. 4° The Engagement of bcienco It appears to me that there is a considerable degree of probability tnat the criminological science will be developing in this direction. In this context it is of secondary importance the question whether criminologists will become commited to the oociul practice because of their »oral involvement^owing to the desire to test their hypothesis in 07 Anderson, pp. 17, - 71 - • practice, or out of the fear of possible misuses. In every caso, the contact with the public through raasc media is becoming a conditio sine qua non. In view of this we, criminologists, will probably have to make quite a few modification in our so far accepted mentality, in our attitude to the public and in the ways of communication. In connection with how we present the results of our studies to the public 1 should like to make a marginal remark. We ore used to writing on a comprehensive scale and wo often use difficult language. The contemporary dynamics of development is fast and it is all the sciences that are developing, not only ours. For this reason we shall quite soon have to orientate ourselves to at least two ways of presenting our findings. The first way can be a more comprehensive one and stylistically It may be sophisticated. It is intended lor the exports in our or in related disciplines. 'ihe second way is popularly simple and represents lapidary information about new issues end problems. This is a way we seldom use and consequently are not accustomed to it. » It is often presumed that we cannot make use of this way of writing because the phenomena we are dealing with are too coiaplicrt.ed to admit of simple exposition. But this is true of any rcientific field, and hence also of ours, above all up to the point to which it is only in the course of writing or with the help of writing that the writer is .\ looking for en answer to his problem. If he has managed to find the answer in another way and before he started writing, then the written text becomes of Itself clearer, simpler, end easily understandable. The direct cooperation between practitioners and policy-makers will be carried on in the administrative way end by means of action and demonstration research. The model of cooperation of partners as recommended by Kaiser presupposes: an admission of limitations on both sides and the respect of the work done b.y the partners each in his own sphere. A possible contribution to this may also be more modern methods of teeohing (at the university, inservice training, and refreshment courses), methods which will stimulate creative searching with teachers and students instead of the so far all too ooniman mode of ooiamunicsting, the so-called"positive findings ex catodra, particularly in Europe. The engagement of science moans of course also embarking on a dioputo with the future. "The task of shaping overall research policy should mainly bo entrusted to experts trained in taking a global, cultural - relotivistio and future-oriented view of matters", says tne respondent from Finland, Mr. Tdrnudd. The author ouppoaeo that such an orientation might in future bring research-workers and practitioners into closer touch with one another. But wo have to keep in mind that criminology is particularly in the field of forecasting the future still very much insufficient. In this job wq can ao far rely coro on imagination than on the exact science.8^ The studios of the trends of the dynamics in criminality in the past os a starting point for determining future tronda have more or leas proved unsuccessful.These trends contain in foot at least the following unknowns: - the amount of the economic and social pressures responsible * for the conflicting situations; - the perception of tho majority of what is and what is not deviant; - the efficiency of social control bodies. It is becoming more and more clear that tho statistics on the basis of which we can calculate tho trends reflect above all tho officiency of the social control bodies end not the dynamics of criminality.^1 The search for a methodology for an adequate forecasting of tho future accordingly remains the task of the coming decode. In view of this wo should have to bo very For instance Wolfgang; Christie, Changes in Penal Values,’ p. 172 For instance Jepoon-Pall; TOrnudd, Previsions de la tendenco do la crimin' licy concerning social security (including social insur nee); action by social security agencies 0. Legislation and policy conorning public health; action by health authoritie 9. Legislation and policy concerning education and cultural matters; action b the education authorities 10. Social welfare, h alth services and professional associations in industry 11. Action by social Tganisations and voluntary humanitarian bodies .1 12. Action by profess onal mental health organisations 13............................................................ . 14. . . ........................................................ ) .1 5............................................................ 16.................................................... 17............................................................. . 10. . . .................................................. 19 ............................................................. 20 .................................................... 21.............................................................. 22. . . ........................................................ 23 .............................................................. 24 ............................................................ * 78 C.- Criminological and experimental research -undertaken in your country after the Second World War - which has contributed to modifications in concepts and measures, or caused changes in the activities of the bodies and institutions referred to above, or, conversely, whose results tally with such rnodifi-- cat ions (1 ), (1 ) In each caso j (a) State name(s) of nuthor(s), title of published work, publisher, date and place of publishing, (b) State whether the results of the research work tally with the modifications introduced in the concepts, mou- . ouros and action of the bodies and institutions listed under B above, (c) (iivo n detail d description of the modifications, if any. 79 D,- State your views as to the effect of scientific research on the pattern of social life, with particular reference to the communication media that have contributed to the assimilation of the results of such research by society. - 80 LIST OF NATIONAL REPORTERS AND RESPONDENTS TO TBS QUESTIONNAIRE Australia Stanley W. Johnston Austria Wolfgang Doleisch Gerth Neudert Konrad Schima Belgium Hermann Bekaert 3.C. Versele Canada W.T. McGrath Colombia Guillermo Uribe Cualla University - Melbourne Ministry of Justice - Wien University - Groa University - Wien Research Centre of Juvenile Delinquency, University -Bruxelles Institute of Sociology, University - Bruxelles Canadian Corrections Association - Ottawa University - Bogota Czechoslovakia Oto Kovotny Institute of Criminology of the General Public Prosecutor (Report prepared with the Institute of Law of Academy of Science) - Praga Ladislav Schubert University - Bratislava Denmark Karl 0. Christiansen University - Kfibenhavn Finland lnkeri Anttila & Patrik Tdrnudd Institute of Criminology, Ministry of Justice - Helsinki F R Germany Giinther Kaiser K.J* Cchneider & R, Sieverts Th. Viirtenberger University University University Ttibingon Hamburg Freiburg H. Michard Philippe Robert France Centre de Recherche et de Formation de 1*education surveillee - Paris Ministry of Justice - Paris 82 German D R R. Hartmann & J. Lekschas & G. Stiller University - Berlin Greece Leas etre Karanikas University - Thessaloniki Hungary Mikloa Kadar University - Budapest Miklos Vermes & Andras Szabo Research. Institute of the Academy of Science - Budapest Indonesia Amilijoes SA*Dander University - Padang Italy Franco I'erracuti University - Roma Gianluigi Ponti University - Milano B« Li Tullio University - Roma Netherlands J.M.v. Bemmelen University - Leiden Poland St, Batawia Research Institute of the Academy of Science - Warszawa p, W'ierzbicki & Walczak Research Institute of the Ministry of Justice - Warszawa Sweden Ivor Strahi University - Uppsala Switzerland M, Veillard (Cybulski) Department of Justice - & V. Kurt Lausanne - Bern United Kingdom Gordon Hose University - Manchester United States of America Sheldon Glueck Gerhard O.W. Mueller J. Robert Weber University - Cambridge, Massachusetts University - hew York Rational Council on Crime and Delinquency - hew York Venezuela Jose Rafael Mendoza Lawyer - Caracas Yugoslavia Ljubo Bavcon University - Ljubljana REFERENCES TO THE FOOT - NOTES Anderson, Oskar N. : Einfilhrung in die mathematieche Statistik. Springer Verl., Wien 1935» pp. 17» 5 Anttila, Inker! - Risto Jaakkola: Unrecorded criminality in Finland. Kriminologinen Tutkimuslaitos, Helsinki, 1966 Auger, Fierro: Current Trends in Scientific Research. Translation. Savezni savot za koordinaciju naučnih đelatnosti i Institut za naučno-tehničku dokumentaciju i informacije, Beograd, 1966. Sainton, A.: Key problems in penological researod. Seventh Conference of Directors of Criminological Research Institutes. Council of Europe, Strasbourg, 11 September 1969. Bavcon, Ljubo: Kriminološka spoznanja in perspektive nečega kazenskega prava. Revija za kriminalistiko in kriminologijo, Ljubljana, 1969, pp. 219-229« Bavcon, Ljubo: Vloga javnosti pri zatiranju kriminalitete. Revija za kriminalistiko in kriminologijo, Ljubljana, 1963, pp. 92-99. Becoaria, Cesore: Dei dclitti e delle pene. Translation by ‘Josip šilović. Dionička tiskara, Zagreb, 1889. Bel’skij, K.T. - B. I. Klejner: Vospitanio kocr.munističeskogo otnoaenlja k obučestvcnnoj sobstvennosti. Opyt konkretno-sociologičeskogo issledovanija. sovetskoo gosuderstvo i pravo, Moskva, 1969» No. 2, pp. 75“61. Beutel, Frederick K.; Some Potentialities of Experimental Jurisprudence as a New Branch of Social Science. University of Nebraska Press, Lincoln, 1957. Bibič, Adolf: Kaj je politična znanost. ĆZP "Komunist", Tiskarna kočevski ti3k, Kočevje 1969* N Born, Max zura Gedenken von Th.v.R., Die Zeit, Hamburg, 9.Jan.l9/0. — 86 — Bulgaria i.1. Report at the 7 ‘ Conference of Directors of Criminological Research Institutes. Council of Europe, .Strasbourg, 28 Hay 1969. Canada - McGrath, W.T.; Current developments in criminology. Annales Intern, de Criminologio, Paris, 1989» p. 969 - U.M.: A new Department of Criminology. The British Journal of Criminology, London 1962, p. 182. - Centro of Criminology. University of Toronto ... Memorandum ... Annaleo Intern, de Criminologie, Paris, 1966, p. 942-948. Cavers, David F.: Science, Research, and the Law: Beutel’s "Experimental Jurisprudence". Journal of Legal Education, Durham, 1997-1993, pp. 162-18Q. Chazal, Jean. Le juge et 1’elaboration de la sentence. Colloque de Dellagio 6-10 mai 1963, Centro nazionale di pi*evenzione e difosa sociale, Roma, 1963. Clinard, Marshall tt.: The organization of urban community development services in the prevention of crime and juvenile delinquency, with particular reference to les3 developed countries. International Review of Criminal Policy, united Rations, June 1962, Do. 19, pp. p-lb Christiansen, Karl 0.: The identification of key problems in sociological research within the field of criminology, seventh Conference of Directors of Criminological Research Institutes. Council of Europe, Strasbourg, 28 July 1969. Christie, Nils: Changes in Penal Values. Scandinavian Studies in Criminology, Vol. 2, Oslo & London, 1963, pp. 161-172. Christie, M.N.: Recherchos sur les rocthodes de prevention du crime. Etudes relatives a la recherche criminologique. Vol. I Conseil do l’Europe, Strasbourg 1967, pp. 61-79. Christie, nils: Scandinavian criminology racing the 1970*3» Seventh Conference or Directors of Criminological Lesearua Institutes. Council ox' Europe, Strasbourg, 26 Aovember 1969. Conrad, Cohn P•; Social Science and Public Protection. Crioinologle on action, ad. Penis Szabo, -os Presses no 1*vniversite de Montreal, Montreal, 1963, pp. 261-2'/-. Cornil, i«.P.: Co quo les fenctionaires superieurs, les yuges, etc. attendent de la recherche criminoiogiqae. Vol. i Conseil do l’iurope, Strasbourg 1967, pp, 93”9? Czechoslovakia outert, L. : inucor.ro pričin prestupnosti v v. ehoslovac hoj Socialističescoj Kospublike. Scvetskoe gosudarstvo i pravo, Moskva, 1966, Mo. 8, pp. 60-38. Davidovitch, A. - i\. Loudon: Les »ecaniemes sociaux dos abandons de poursuites. Analyse experimental© par simulation. L’Annee bociologique, troisleso eerie, 1964, -aria, 19 09, pp. 111-244. Egypt • Ahšlifa, Ahracd E ypt. Annal.es intern, do Criainologie, Pari-, 1964, pp. 171-176. -•rar.ee Pinatelv Jean: i survey of criminological reswcic.. in France, deport at the 7W** Conference of Director- o-Jrisinolo-ical Keeo-rca Institutes. Council of -.urepe, btrasbourg, 29 ..ay 1969. PL Germany - Vdrtsaberger, 2no...— - ,^ubli _ ,e foe errs la u’Allvaa/ne. *nnalea Intern. •-*. Cv-i -sole L. -r-av -962, p . Isp-is?. - iiirtenbwrgor, r?r.o. i-nert dsw.- do- -c -ad dor -rininolo- •-scion Person on in LeuascUla: .. -a on da;, .---a 1962-69. Aoaatsscarift fa.. -..-mmole .-© end 6trsfroe..wsr fora, idla, 1969, pp. 96-40. - Wiggemeyer, is.-H. Gallus - H.-J. Boeveler: Kriminologi©. Leitfaden fiir Kriminalbeamto. Bundeskriminalamt, Wiesbaden, 1967, pp. 27-28. - Neues Institut fdr Kriminolcgie in Frankfurt s.M. Konatsschrift fttr Kriminologi© und Strasrechtsreform, Kdln, 1969, p. 294. Gercenzon, A.A. : Ugolovnaja politika i puti ee izučenija. Sovetskoe gosudarstvo i pravo, Moskva, 1989, No. 8, pp. 21-28. German DR Buchholz, Brich - Richard Hartmann - John Leksehes: Sozialistische Kriminologie. Staatsverlag der iuDK, Berlin, 1966, pp. 20-29• Gibbens, T.C.N.: The identification of key problems in criminological research. Seventh Conference of directors of Criminological Research Institutes. Council of Lurope, Strasbourg, 17 October 1969. Gflrtler, Reinhard - stint er Lehmann: her Betrieb im System der Kriminalitetsbekfimpfung und- vorbeugung. Staat und Recht, Fotedom-Babolsberg, 1969, pp.636-698. Habermas, Jflrgen: Technik und Wisseaschaft als "Ideologie". Ldition Suhrkaop, i-rankfurt am Main, 1963, Henry, L.> Recherches prospoctives en sciences sociales et notamioent en dewographle. Btudes relatives a la rechcrcho crioinologique. Vol. 4. Strasbourg, 1969, pp. 9-22. Hungary - Vermes, M.: Razvitie krirainologideskih issledovonij v VengerskoJ narodnoj respublike. Sovetskoe gosudarstvo i pravo, Moskva, 1967, No. 4, pp. 76-81. - Molnar, J.: "studes de criminalistiquo". Acta Curidzca Acade- miao Scientiarum Hungaricae, Budapest, 1963, pp. p69**277» Igosev, K.E.: Kriminologidesko© znocenie protivorecij v formirovanii ličnosti. Sovetskoe gosudarstvo i pravo, Moskva, 1969, No. 9, pp. 49-93. 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