Środek karny z art. 39 pkt 2b k.k. a prawo ofiary i sprawcy do samostanowienia

The penal measure of a prohibition on being in certain communities and locations, on contacting certain individuals or on approaching certain individuals or on leaving a specific place of residence without the court’s consent, evidently restricts the liberty of a person sentenced. The said restriction most of all serves to implement the preventative function of penal law, particularly the protection of the victim against the repeat victimisation. At the same time, however, implementing this measure interferes with the victim’s life. Insofar as the restriction of the perpetrator’s liberty is in this case fully justified, ignoring the opinion of the victim in decision-making process pertaining to implementation of the discussed legal measure does not meet the constitutional criterion of proportionality.

“Look who is laughing now”: Physical capital, boxing, and the prevention of repeat victimisation

This paper’s aim is to further current thinking around young men’s perceptions and understanding of violence, and the use of boxing as a vehicle in the prevention of repeat victimization. The focus is on the use of bodily or physical capital, and the ways in which men draw upon this resource to ward off attacks to identity and psyches, especially those perceived as disrespectful. It will draw on data from The Criminology of Boxing, Violence and Desistance (Jump 2020), and present overarching ideas from Tyrone, a psychosocial case study highlighting the underpinning theory and its development. This paper disrupts common discourses that argue that boxing is a panacea for all violence, and thus presents more subjective nuanced accounts of men’s lives in the gym, and the streets. In using the term “physical capital”, I employ Wacquant’s (1995) theory, and suggest that boxers not only use their body as a “form of capital” (p. 65), but that the physical capital accrued through the corporeal praxis of boxing, is actually a way to disavow prior victimization, and invest in the prevention of repeated traumatic scenarios. El objetivo de este artículo es ayudar al avance de la reflexión sobre las percepciones y concepciones de los hombres jóvenes sobre la violencia, y el uso del boxeo como vehículo para prevenir la victimización reiterada. La atención prioritaria es sobre el uso del capital corporal o físico, y cómo los hombres recurren a él para prevenir ataques a la identidad o a la psique, sobre todo aquellos percibidos como irrespetuosos. Se parte de datos de The Criminology of Boxing, Violence and Desistance (Jump 2020), y se presentan ideas generales de Tyrone, un estudio de caso psicosocial que arroja luz sobre la teoría subyacente y su desarrollo. El artículo rompe con el discurso común de que el boxeo es la panacea para toda violencia, y así presenta testimonios matizados más subjetivos de las vidas de hombres en el gimnasio y en las calles. Al usar el término “capital físico”, utilizo la teoría de Wacquant (1995) y sugiero que los boxeadores no sólo usan su cuerpo como una “forma de capital” (p. 65), sino que el capital físico adquirido a través de la praxis corporal del boxeo es en realidad una forma de negar victimizaciones previas y de invertir en la prevención de escenarios traumáticos reiterados.

Vulnerability and Repeat Victimisation in a Digital World: A Study of Computer Misuse and Fraud Reported in Wales

While the estimated volume and cost of fraud and computer misuse (F&CM) is astoundingly high, much remains unknown about patterns of victimisation, especially in relation to repeat, ‘chronic’ and/or ‘vulnerable’ victims. These ‘unknowns’ have both theoretical and practical implications. Theoretically, understandings of repeat victimisation (RV) and vulnerability remain under-developed and under-studied, particularly with respect to F&CM victims. In practice, the ways in which victim vulnerability is defined and assessed have a direct impact on what response victims of F&CM get from the Criminal Justice System. Too often, however, such policies appear to reproduce idealised notions of ‘the victim’ or assumptions of what kinds of victims and vulnerability ought to be recognised – rather than being driven by evidence.This work is a study of F&CM victimisation. It draws on a sample of crime reports (n = 17,049), made within Wales to the UK’s National Fraud and Cybercrime Reporting Centre Action Fraud, between October 1st 2014 and September 30th 2016. A mixed-methods approach is used, encompassing descriptive and bivariate statistics, generalised linear models, deterministic and probabilistic data linkage, as well as qualitative thematic analysis. Throughout, the socially constructed nature of crime categories and the concepts of ‘the victim’ and vulnerability are recognised, while remaining committed to empirically grounded discussion of findings and (where applicable) the replicability of the analysis.The analysis in this thesis highlights flaws in the reporting system that negatively impact on analysis and police response. These include data quality issues and the lack of a robust system to identify vulnerable and repeat victims. It also demonstrates the unsustainability of an online/offline distinction with respect to recorded F&CM crimes, identifies patterns of RV and their implications for crime prevention. Finally, this thesis advances an original framework for understanding vulnerability in the context of F&CM victimisation and better target a victim response.

The Criminology of Boxing, Violence and Desistance

There is an assumption in criminal justice that boxing will immediately work to reduce offending among young men. Many practitioners cite discipline and respect as the desisting elements inherent in a boxing gym. Undoubtedly, these discourses do exist, yet, what if the discipline and the respect garnered in the gym are used for other purposes that are not always conducive to the desistance process? This book will unpick how effective boxing actually is in reducing violent attitudes, and how to ensure that the messages in the gym environment do not support negative attitudes often found outside the ring. Using classic desistance literature (Giordano 2002; Maruna 2001), I make suggestions that are grounded in evidence and theory. Using case studies, and life history interviewing drawn from a psychosocial perspective (Jefferson and Hollway 2000; Gadd 2007; Maruna 2001), this book builds on techniques that uncover the more clandestine reasons for choosing boxing. Working within this psychosocial framework, the desire and the appealing nature of boxing, more often than not, comes from a place of anxiety rather than strength. I will present arguments that suggest boxing’s appeal lies in its capacity to develop ‘physical capital’ (Wacquant 2004), and prevent repeat victimisation. Using case studies, I will reveal stories of men’s victimhood, either via gang violence, domestic violence, or structural disadvantage. I will tell the story of how boxing reshaped their identities and self-concepts, and how the gym came to represent a fraternity and a ‘island of stability and order’ (Wacquant 2004). Additionally, I will present arguments that suggest that boxing is not a panacea for all social ills, and while it has its benefits, it also has a darker side that is coterminous with hyper- masculine discourses of violence, respect, and avoidance of shame.

Profile of repeat victimisation within multi-agency referrals

To help reduce victimisation, safeguarding practices in England and Wales are becoming more multi-agency, with Multi-Agency Safeguarding Hubs (MASH) being a contemporary example of such an approach. MASH aims to reduce victimisation by identifying and managing vulnerability at the earliest opportunity. This is achieved through the co-location of safeguarding agencies, joint decision making and the co-ordination of interventions. Previous research has indicated that the demand placed upon MASH often outweighs available resources, questioning the extent to which MASH effectively safeguards vulnerable people at the earliest opportunity. Whilst existing literature has focused upon the characteristics of MASH referrals, alongside referral processes, rates of repeat referrals have been overlooked. This paper aims to bridge this gap by exploring the number of repeat referrals made over a two-month period to a MASH location in the north-west of England ( n = 2,134). By investigating repeat referrals, reasons why some individuals are susceptible to being victimised on multiple occasions are identified. The paper concludes that whilst MASH has taken a step towards identifying and managing victimisation, practices and processes need to be reviewed if MASH is to proactively prevent repeat victimisation.

A Victim-Focused Response to Repeat Fraud and Computer Misuse Crimes: Challenges and Opportunities through Admin Data Linkage

Background with rationaleThe volume of Fraud and Computer Misuse victimisation in the UK is estimated to be nearly equivalent to all other crime types combined. Alongside this, the Victims’ Charter establishes enhanced rights for vulnerable victims, a category which includes repeat victims, placing a responsibility on criminal justice agencies to assess vulnerability and respond accordingly. However, identifying repeat victimisation is challenging and the relationship between reported repeat victimisation and vulnerability requires empirical scrutiny. Main aimThis presentation draws on PhD research funded by the Economic and Social Research Council (ESRC) and conducted in collaboration with the Southern Wales Regional Organised Crime Unit (ROCU), to profile victims of fraud and computer misuse in Wales. It presents the methodological challenges and lessons learnt from linking administrative crime records to identify and profile repeat victims of fraud and computer misuse across the four Welsh police forces. Methods/ApproachThis research utilised a sample of all incidents reported within the Welsh police force areas over a period of two years (1st October 2014 to 30th September 2016). A mixture of exact and probabilistic matching was used to match records relating to the same victim, leveraging R’s RecordLinkage package in conjunction with Tidyverse. A variety of descriptive and inferential statistics were used to summarise key relationships within the resulting linked dataset. Results & ConclusionLinking crime records presents considerable methodological challenges related to data quality and the availability and accessibility of linkage tools. These difficulties impair the assessment of vulnerability which is demanded of criminal justice agencies. Despite their limitations however, crime records can be used to provide new insights into the nature of repeat victimisation and the characteristics of victims who report being repeatedly victimised.