scholarly journals Tamna i svijetla strana tamne brojke kriminala: o izazovima istraživanja nepoznanica i blagoslovu neznanja

2020 ◽  
Vol 70 (5) ◽  
pp. 637-673
Author(s):  
Anna-Maria Getoš Kalac ◽  
◽  
Dalia Pribisalić ◽  

In the paper at hand the authors critically analyse the state of the art in the research into the dark figure of crime, as well as the conceptual and methodological challenges that are inherent to this kind of research. They do so based on current international, foreign and domestic studies, with the goal of highlighting not only the commonly stressed ‘dark side’ of the dark figure of crime, but also in order to raise awareness of its almost completely disregarded ‘bright side’. In this regard the bright side of the dark figure of crime relates to the thesis of the so-called preventive effect of ignorance (germ. Präventivwirkung des Nichtwissens) and presents a phenomenon with a vastly important positive function which has thus far been completely neglected in the domestic criminological and criminal law discourse. This function basically ensures that the criminal justice response to criminal behaviour is perceived as comprehensive and effective. Without such perception the general preventive effect, as envisaged by criminal law, would be unsubstantial. By highlighting the dark figure’s bright side, the authors on the one hand aspire to make a scientific contribution to the comprehensiveness of the discourse about the dark figure of crime in Croatia, while on the other hand they illustrate the unsolvable conceptual and almost unavoidable methodological challenges which are inherent to the attempts of shedding light upon the dark figure of crime. The authors’ intention is neither to devalorize dark figure research in general, nor to bring about resignation with regard to enterprises seeking to reveal the dark figure of certain types of crime by means of victimisation or self-report studies. It is rather the intention of the authors to comprehensively and critically examine the dark figure phenomenon in all its complexity, vividness and mutual interwovenness with the criminal justice actors, and while doing so to neither underestimate the dark figure’s negative cognitive effects, nor to ignore its overly positive function in the service of norm stabilisation and sustaining the repressive system, as well as society as a whole.

1969 ◽  
Vol 4 (4) ◽  
pp. 479-493
Author(s):  
Helen Silving

The state of our “criminal law” in 1905 was described by William H. Taft as “a disgrace to our civilization”. This state had not changed much almost half a century later, when Justice Frankfurter quoted Mr. Taft's statement. Several major modern reform projects formulated since 1952 introduced some noteworthy modifications. I have in mind particularly the American Law Institute Model Penal Code, on the one hand, and the German Draft of a Penal Code, both of 1962, on the other. In the former I should like to draw attention to the serious attempt at a systematization of punishment scales, and in the latter to the effort at a systematic structuring of the “guilt principle”. The German Draft incorporated results of various revisions introduced since the collapse of the National Socialist régime, by either statutory or judicial legislation—revisions born out of the growing concern in Germany with “guilt”. Prominent among these revisions, of course, is adoption of the defence of “error of law” of ancient origin, derived from biblical, talmudic and canon law teaching. Nevertheless, these two projects have but touched the surface of the profound problems that are involved in formulating truly modern penal legislation.


2020 ◽  
Vol 18 (2) ◽  
pp. 1-34
Author(s):  
Laura Scomparin ◽  
Giovanni Torrente

The aim of this article is to describe the specious use made of the Italian criminal justice system as a device to manage the demands for security due to the general perception of increased immigration flows in Italy. In particular, the article analyses - in each stage of the penal system from substantive criminal law, through criminal procedure law, to the prison system - the connection between the processes of criminalization and the use of extrajudicial measures to control immigration flows (such as border controls and expulsions). The results suggest that this criminal ‘double track’ (Italian citizens on the one side and migrants on the other) - with the subsequent hyper-incarceration of aliens and their final deportation as a consequence of the breach of either or both administrative and criminal law -is a disguised but deliberate choice of recent Italian legislative policy regarding the justice system.


1955 ◽  
Vol 13 (1) ◽  
pp. 80-100
Author(s):  
J. C. Smith

The success of any system of law depends, in the last resort, on the personnel who administer it. However perfect the procedure of a system may be in theory, it will not work well in practice if the officials who operate it are inefficient or lack proper powers: whereas, with efficient personnel having adequate powers, imperfections of procedure may be of little consequence. The fundamental principles of criminal procedure are the same in England and the United States; yet in the one country there is satisfaction, amounting, perhaps, to complacency, with the operation of the criminal law; while in the other there is almost universal dissatisfaction. This dissatisfaction has provoked a great deal of detailed research in America into the deficiencies of criminal justice, by both public commissions and private individuals, and, consequently, the publication of much frank and vigorous criticism. An examination of this criticism shows that, in the opinion of the American commentators, the factor of personnel is at the root of a great many of their troubles.It is indeed the submission of this article that the important differences in the actual administration of the criminal law in England and America arise, in large measure, from the difference in status and character of the personnel who administer the law; and, in particular, from the differences in the distribution of powers among them. A comparison of some aspects of the powers, prestige, character and abilities of the judges, juries and counsel who, between them, are responsible for dispensing criminal justice in the higher courts in the two countries, will, it is believed, reveal that this is so.


Author(s):  
Markus D. Dubber

This essay reflects on the relationship between the history of crime, the history of criminal justice, and the history of criminal law. It suggests an account of the historical-comparative analysis of criminal law that locates it within the general project of critical analysis of law and police on the one hand, and a rich multidisciplinary historiography of crime on the other hand. There are as many histories of crime as there concepts of crime. As a social phenomenon, social historians are interested; law may figure into these histories as one factor in constructing the social environment of crime. Social histories ought not to preclude other perspectives, such as moral, cultural, and political histories. Ideally, histories of crime will come from various perspectives, but with clearly defined tools of analysis, and will complement one another to generate a nuanced and contextual kind of historical inquiry.


1917 ◽  
Vol 63 (260) ◽  
pp. 1-16 ◽  
Author(s):  
Henry Maudsley

When two persons meet together to discuss some enterprise or future event, or other speculative matter, without coming to an agreement, they may separate by one thinking or calling the other an optimist and the other thinking or calling his opponent a pessimist. Thereby they settle the matter temporarily, although of course they leave it undecided and agree only to differ. What they really settle is that two congenitally different temperaments necessarily view the subject from two different aspects and conclude accordingly. They do not stay to enquire which is the true view, the one being inclined by his temperament to look on the dark side of things and see the evils, hates, strifes, sufferings, failures and follies in the world, the other inclined by his temperament to look on their bright side and accordingly see the good, love, joys, and successes in it. Why, indeed, should they stop to enquire? Every mind in the world necessarily construes it in terms of itself, and therefore feels and thinks its individual world—the mind of the fool a different world from that of the sage, the mind of the sinner from that of the saint, the mind of the Andaman Islander from that of the Anglo-Saxon, the mind of the particular person from that of his neighbour. There must naturally be one common world in the necessarily common notion of a like-structured species, but there are as many particular worlds as there are persons in it.


2021 ◽  
pp. 096466392110208
Author(s):  
Riikka Kotanen

In the context of home, violence remains more accepted when committed against children than adults. Normalisation of parental violence has been documented in attitudinal surveys, professional practices, and legal regulation. For example, in many countries violent disciplining of children is the only legal form of interpersonal violence. This study explores the societal invisibility and normalisation of parental violence as a crime by analysing legislation and control policies regulating the division of labour and involvement between social welfare and criminal justice authorities. An empirical case study from Finland, where all forms of parental violence were legally prohibited in 1983, is used to elucidate the divergence between (criminal) law and control policies. The analysis demonstrates how normalisation operates at the policy-level where, within the same system of control that criminalised these acts, structural hindrances are built to prevent criminal justice interventions.


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