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 Criminological research and planning in state and supranational institutions, 5 KRIMINOLOGISCHE Hii ZENTRALSTELLE e.V. Jorg-Martin Jehle (ed, Criminological Research and Planning in State and Supranational Institutions Volume 5 Jehle (ed.) Criminological Research and Planning in State and Supranational Institutions Kriminologie und Praxis (KUP) Schriftenreihe der Kriminologischen Zentralstelle e.V. (KrimZ) Edited by Jorg-Martin Jehle and Rudolf Egg Volume 5 Criminological Research and Planning in State and Supranational Institutions Edited by Jorg-Martin Jehle Wiesbaden 1990 CIP-Titelaufnahme der Deutschen Bibliothek Criminological research and planning in state and supranational institutions/[Kriminolog. Zentralstelle e. V.]. Ed. by Jérg-Martin Jehle. — Wiesbaden: KrimZ, 1990 (Kriminologie und Praxis; Vol. 5) ISBN 3-926371-07-2 NE: Jehle, Jorg-Martin (Hrsg.); Kriminologische Zentralstelle [Wiesbaden]; GT ¢kS/y st D @ o 2 705 W° 40| S80 (c) Eigenveriag Kriminologische Zentralstelle e. V. KRIMINOLOGISCHE Hiiny ZENTRALSTELLE e.V. Adolfsallee 32, 6200 Wiesbaden Alle Rechte vorbehalten Printed in Germany ISBN 3-926371-07-2 Preface In recent years a general need for policy-oriented criminology has become quite obvious. The existence and the new foundations of corre- sponding institutions in supranational organizations and in a great num- ber of countries give proof of this development. This need concerns legal measures as well as practical actions of the administration of criminal justice and the police. How this need is taken into account differs widely. There is criminological research on government behalf done by public authorities or research units within office administration, there is the establishment of separate research centers and research under govern- ment contract executed by independent scientists. There are bodies consulting official authorities and initiating criminological research on government behalf. All these different forms of criminological research and counselling were represented and exclusively dealt with in a special workshop at the 10th International Congress on Criminology which was held in Hamburg from September 4-10, 1988. The workshop war organ- ized and chaired by the editor, the director of the Kriminologische Zentralstelle, the Central Institute of Criminology. This institution estab- lished by the Ministry of Justice of the Federal Republic of Germany and the Ministries of Justice of the Federal States ("Léander") is one of these recent foundations in practice-oriented criminology (see pp. 175- 184). The objective of the workshop was to inform the public by giving a rather comprehensive survey of the various activities in individual coun- tries and supranational organizations, together with detailed information on structure, functioning and provision of the corresponding institutions. At the same time it was to provide a broad exchange of experience out of the different national and international situations. Emphasis was laid on the organization of criminological research and counselling in regard to crime policy and criminal justice. Special topics were the difficult relationship between researchers on one side and policymakers and practitioners on the other side; and the question on how to access data provided for government research and research under government con- tract from the viewpoint of the protection of personal data. In this volume are gathered and published the many excellent contri- butions which representatives of these leading institutions in the field of criminology submitted to the workshop or afterwards to this volume. Of course the presentations had to be brief and could not describe all the activities of the respective institution. Therefore, the reader might gather further information from the inclosed literature references. Concerned are institutions of supranational organizations (s. pp. 31-60) as well as institutions in the United States, Australia, Japan and China (s. pp. 63- 94); though priority was given to organizations in Europe (s. pp. 97- 161) with a special focus on the Federal Republic of Germany (s. pp. 165-219). Due to various reasons it was not possible to present all relevant institutions on a worldwide basis in this publication. Therefore, the following institutions are by no means complete, nevertheless they represent the typical forms in which criminological research and plan- ning in state and supranational institutions is organized. The success of the workshop and the realization of this publication could only be achieved with the support and help of many people and institutions. The editor of this book wants to express his thanks to the Local Organizing Committee and the Executive Committee of the Inter- national Society of Criminology, especially Prof. Kerner, Prof. Sessar and Prof. Szabo for their advice and support in the realization of the work- shop and to all the participants of the workshop who took an active part in the discussion as well as to all the contributors for their efforts and kind cooperation which made it possible to produce this volume. The editor also wants to express his gratitude to the employees of the Kriminologische Zentralstelle for their help in preparing the work- shop and especially to Ms. Monika Hohl who undertook all the ne- cessary translation tasks and who was in charge of the printed version. Wiesbaden, March 1990 Jorg-Martin Jehle Contents Preface I. Introduction Institutions of Policy-Oriented Criminology An Overview L] L] . L] . L] . L4 . L] ° L] L] L] L] L] . L] ] L] . L] ° . L] L] L] . L] [ L] . L] [ 4 Jorg-Martin Jehle II. Supranational Institutions United Nations Social Defence Research Institute - UNSDRI Position and activities with particular emphasis on issues of action-oriented research 31 Ugliesa Zvekic Helsinki Institute for Crime Prevention and Control, affiliated with the United Nations Criminological Research and the United Nations in Europe: HEUNI and the Exchange of Information . . [} . L] L] . . L] . L] ® . L] L] . L] 43 Matti Joutsen Council of Europe Forms of Organization of Scientific Counselling in regard to Crime Policy and of Criminological Research on Government Behalf . . . L . . L] L] L] . L] 3 . ] ° L] . . L] L] L] L] . . [ L] L] . L] 53 Aglaia Tsitsoura IIl. Institutions in America, Asia, and Australia Australia The Role and Activities of the Australian Institute of Criminology L] . L] . L] L] . 3 L . L] L] L L] L] L] . . . - . L] L] L] . . 3 L] 63 Duncan Chappell China Brief Introduction to Chinese Research Institutes . L e L] . L] . . . . . . L] L] L] L] L] L] ] . . . L] L] . L] [ ] . . L] L] . L] 71 of Criminology Guo Xiang Japan Division of Crime Prevention and Juvenile Studies at the National Research Institute of Police Science 77 Haruo Nishimura Research and Traiming Institute of the Ministry of Justice L] . . . . L] L] L] . . L] . L] . . . L] . L] ] L] L] L] . . L] L] . . L] [} 83 Tsuneko Sato United States of America National Institute of Justice . L] [} . L] . L] L] L] L] . L] L] L] . L] . . L] L] . L] L] L] . . 87 James K. Stewart IV. Institutions in European Countries Finland Balance of Power and the Organization of 97 Policy Relevant Criminological Research Patrik Tormudd France Center for Sociological Research on Law and the L] * . . . . . . . . . . L] L] L] L] . . 105 Criminal Justice System (C.E.S.D.L.P.) Philippe Robert Hungary The Research Activity of the National Institute . . L] . L] . L L] [} L L] [} L] L[] L] . L] L] . L] L] 113 of Criminology and Criminalistics Jozsef Godony Netherlands The first fifteen years of the Research and Documentation Centre of the Ministry of Justice . . e [} L] L] L] [ ® . L] 121 JJ.M. van Dijk Poland The Scientific and Research Activities of the Institute of Crime Problems 129 Brunon Holyst Department of Criminology of the Institute of State and Law at the Polish Academy of Sciences 137 Zofia Ostnhanska Sweden The National Council for Crime Prevention 143 Marianne Hakansson Research with Reference to the Swedish Data Act 147 Artur Solarz Criminological Research in Sweden: Sector-based and at Universities . . . L] . - . L] L] . . L] L] . L] L] . . . . L] . . . L] L] . . . L] 153 Torbjorn Thedeen United Kingdom The Role of the Home Office Research and Planning Unit 155 Mary Tuck V. Institutions in the Federal Republic of Germany Criminological Research at the Federal Ministry of Justice, Bonn - . L] . L . . . L] . - L . . . . . . L] L] ° 165 Konrad Hobe The Central Institute of Criminology Die Kriminologische Zentralstelle in Wiesbaden . - . . L . . . . L] L] L] 175 Jorg-Martin Jehle Mandate, Structure, and Working Methods of the German "Independent Federal Commission for the Prevention and 185 Combat of Violence (Violence-Commission)" Hans-Dieter Schwind Criminological Research within Criminal Justice Authorities in the Federal Republic of Germany Lower Saxony Department of Justice, Hanover 195 Burkhard Hasenpusch The Research Unit on Criminology and Criminal Investigation of the Bundeskriminalamt (BKA) in Wiesbaden 203 Hans Udo Storzer Experiences of the Kriminologische Forschungsgruppe der Bayerischen Polizei, Criminological Research Unit of the Bavarian Police . . . . . . . L] . . . 3 L] ] L] . . . . . . L] L] L] . . L] . . L L] . 217 Wiebke Steffen Appendix: Index of the authors L] . L] L] L] . L] L] L] . . . L] . . L] L] L] L] L] L] L] 221 10 l. Introduction institutions of Policy-Oriented Criminology An Overview by Jorg-Martin Jehle I. Occasion and object of this volume International exchange of information and experience has become a growing necessity in these days. This is valid for all areas of society and state, and is especially valid for criminology, as its subject matter, criminality and its control, are more and more internationalized. Criminology demands this kind of worldwide exchange; this was proved at the 10th International Congress on Criminology, held in September 1988 in Hamburg. On the basis of the principal themes: Perspectives in criminology, challenges of crime, and strategies of action, there was offered a forum for the exchange of fundamental theoretical and empirical questions on an international level. Representatives from all parts of the world participated in plenary unions, in special panel sessions, and in a broad range of workshops'. One of these workshops, organized and chaired by the author, espe- cially dealt with the subject of criminological research and planning undertaken in supranational and state institutions or in institutions which are funded by the government. It concerned research centers which do criminological research either as department of official authorities or on government behalf, and bodies consulting official authorities or initiating criminological research in any kind of national or supranational institu- tions. All these different forms of institutions in the field of criminology were presented and discussed at the workshop. There were represented — 1 According to Newsletter of the Société Internationale de Criminologie of Octo- ber 1989 the next issue of the Annales Internationales de Criminologie will publish the reports of this congress. Jorg-Martin Jehle research centers of or criminological departments within supranational organizations; councils for criminological issues; special departments of the ministries of justice; international reseach units or separate institu- tions for research and documentation of public authorities. The work- shop was focussed on the broad exchange of views and experience according to the different national and international situation in discuss- ing the following topics - Forms of organization of scientific counselling in regard to crime policy and of criminological research on government behalf Questions of interrelations of scientific issues, methods and evaluations with political or administrative interests - Questions concerning ways and means on how to access data provided for government research and research under govern- ment contract, and questions on restricted access due to pro- tection of the privacy of personal data Besides those institutions whose members gave a presentation at the workshop, further institutions were asked by letter to submit a paper to this volume. In some cases this request was granted. But of course - due to various reasons - it was not possible to receive contributions from all relevant institutions. Therefore, the following institutions are by no means complete, nevertheless they represent the typical forms in which criminological research and planning in state and supranational institutions is organized II. Need for practice-oriented research and counselling In the recent decades a general need for practice-oriented criminolo- gy has become quite obvious. The existence and the new foundations of corresponding institutions in supranational organizations and in a great number of countries give proof of this development. This need concerns legal mesures as well as practical actions of the adm1mstrat10n of criminal justice and the police. 14 Institutions of Policy-Ornented Criminology It did not happen by chance that most of these institutions were created in the 1960s and 70s. Their creation is substantially connected with two factors: The rapid social development in modern societies with their concomitant phenomena on one side and the growing understan- ding of the necessity of a rational founded crime policy on the other side. In all countries - the developed and the developing - during the last decades modernizing processes took place, which were accompanied by an accelerated social, technological and political change. As the Secreta- ry General of the United Nations pronounced on the occasion of the establishment of a criminological institute, these processes "have left their scars, and will continue to leave even more serious scars unless we can develop the wisdom as well as the will to alter the course of events. Painful problems of juvenile delinquency and adult criminality burden countries in all regions of the world. In some cases, countries rank these matters among their most serious, costly and complex pro- blems to be solved". The more the awareness of the crime problems grew the more the conventional forms of crime control and the application of penal laws were queried. This is also valid from another point of view. For the modern 1dea of a preventive criminal law, as it has been realized in all modern societies to a certain degree, it does not suffice to derive the criminal law from the reason of state. On the contrary from this kind of penal law emerges the question whether the intended legal purpose will actually be achieved. This implies that a rational legislation must be based on empirical findings and that the actual law enforcement practice must be controlled according to its own premises. This orientation towards a preventive penal law consequently led to the demand for an institutionalization of empirical criminological research®. Naturally, in a number of countries criminological research has been done for decades in scientific institutes, mostly in the context of univer- 2 U. Thant on 29 April 1969, quoted according to Zvekic, United Nations Social Defence Research Institute, in this volume pp. 3142. 3 See Jehle, The Central Institute of Criminology, in this volume pp. 175-184. 15 Jorg-Martin Jehle sities and therefore independent of government objectives. And to a certain extent there were and there are quite some scientists, who especially work on subjects of crime policy and criminal justice. Never- theless in many states remained the need to continually examine the effectiveness of practical measures and the crime policy, either retro- spectively or by conducting action research. Beyond that it became more and more reasonable to involve scientific experts before taking a mea- sure. This is valid for individual countries but to an increasing degree also for questions of an international or supranational quality which demand a solution. III. Location and form of organizafion of the institutions It is not easy to obtain a worldwide overview of all institutions which conduct criminological research on government behalf. For a few years now UNSDRI in Rome has been publishing in regular time lapses an actual directory of criminological institutes®. However, it has not been distinguished between the here relevant institutions, university institutes and independent organizations. Concerning the relevant institutions of supranational organizations, the United Nations must be mentioned first. They created a network of interregional and regional United Nations Institutes for the Prevention of Crime and the Treatment of Offenders: There are the United Na- tions Asia and Far East Institute for the Prevention of Crime and the Treatment of Offenders (UNAFEI), the Latin American Institute for the Prevention of Crime and the Treatment of Offenders (ILANUD), the United Nations African Regional Institute for the Prevention of Crime and the Treatment of Offenders (UNAFRI), and in Europe the Helsinki Institute for Crime Prevention and Control, affiliated with the United Nations (HEUNI), and the United Nations Social Defence Research Institute (UNSDRI), which also maintains close cooperation with the Arab Securities Studies and Training Center (ASSTC). 4 United Nations Social Defence Research Institute: A World Directory of Crimino- tion. logical Institutes, 4th edition, Rome 1986; at present a new edition is in prepara- 16 Institutions of Policy-Onented Criminology Naturally these institutions accord different priorities to their tasks on the basis of the varying social and political structure and the different stage of development of the respective continent. For example the primary objective of HEUNI is the promotion of the international ex- change of information on crime and criminal justice among European countries with different socio-economic systems. The main functions are The organization of seminars on crime and criminal justice; the collec- tion of information, the conducting of research, and the organization of meetings in the criminological field®. The primary mandate of UNSDRI (since 1989 UNICRI) today may be stated as the promotion, conduct, coordination and support of re- search and, in collaboration with the countries concerned (especially in the developing regions of the world), the organization and support of field activities with a view to the establishment of a reliable knowledge and information base, the identification of policies, and the formulation of practical models in the field of criminology; and finally the provision of action-oriented research and trainig support to major projects on crime prevention and criminal justice policies and programs carried out be the United Nations, and the maintenance of an international docu- mentation center on criminology and related disciplines The Council of Europe has been playing for many years now an important role in promoting criminological research and urging govern- ments to use its findings for crime policy. The European Committee on Crime Policy, the main governmental body of the Council of Europe responsible for the activities in the field of criminal law, penology and criminology recognized the need to associate criminological expertise work and to promote criminological research by various means. There were set up the following bodies or activities: The Criminological Scien- tific Council; the Criminological Research Conference and Criminological Colloquium; individual research fellowships; the Bulletin of Exchange of Information on Current Criminological Research Projects. The objec- 5 See Joutsen, Criminological Research and the United Nations in Burope: HEUNI and the cxchangc of information, in this volume, pp. 43-50. 6 See Zvekic, United Nations Social Defence Research Institute - UNSDRI, Position and Activitics with particular emphasis on issues of action-oriented rcscarch in this volume, pp. 3142. 17 Jorg-Martin Jehle tives of these activities are the promotion and coordination of criminolo- gical research on an international level and the embodiment of research findings into the crime policy of the member states’. Besides these institutions of supranational organizations there are in many countries further organizations which do in-house research or research on government behalf in the field of criminology. Regarding North-America there should be pointed out - besides the Canadian organizations related to the General Solicitor and the Ministry of Justice - especially the National Institute of Justice and the National Institute of Corrections which are both affiliated to the U.S. Ministry of Justice. The National Institute of Justice® is an institution of the Ministry of Justice of the United States of America. Its main activities are research and development sponsorship, testing and demonstration of new pro- grammes to strengthen the justice system, dissemination of research find- ings and training of practitioners. In the recent years the National Institute refocussed its efforts - away from studying institutions and toward research aimed at informing policy and practice. This implies a problem-oriented approach to address the overarching problems: i.c. career criminals, drugs, victims, prediction and classification. Further it implies the involvement of policy makers in research and sponsoring field experiments in criminal justice. The Australian Institute of Criminology presents a different type of organization. It was established as an independent statutory body funded entirely by the central government but it provides a range of services to each of the federal, state or territorial governments in Australia®. The institute performs six principal functions: Research, at present with emphasis on cost effectiveness and efficiency in the criminal justice system, crime prevention, and young offenders; the collection, analysis and publication of crime statistics; the provision of policy advice and assistance; training; information services; and international collaboration. See Tsitsoura, Council of Europe, Forms of Organization of Scientific Counselling in regard to Crime Policy and of Criminological Research on government behalf, in this volume, pp. 53-60. See Stewart, National Institute of Justice, in this volume, pp. 87-94. See Chap 1l, The Role and Activities of the Australian Institute of Criminology, in this volume, pp. 63-70. 18 Institutions of Policy-Oniented Criminology Quite different from these types of institutions in the United States of America and Australia are the governmental institutions for crimino- logical research in Japan'®. On one hand there is the Division of Crime Prevention and Juvenile Studies as part of the National Research Insti- tute of Police Science. This institute is an internal research unit within the National Police Agency. The Division of Crime Prevention and Juvenile Studies conducts police relevant criminological research of a wide range, from the survey of organmized criminal gangs to the preven- tion of minor juvenile delinquency. On the other hand there is the criminological research department within the Research and Training Institute of the Mimistry of Justice. It submits to the government an annual White Paper on Crime, reporting trends in criminal activities and current concerns in the administration of criminal justice. In the recent years the research areas focussed on were sentencing standards, prison conditions, juvenile delinquency and the estimate of recidivism. The situation in Europe offers a manifold picture; the below mentio- ned institutions are by no means complete, but represent the typical forms of organization. One of the oldest institutions 1s the Home Office Research and Plan- ning Unit established in 1957. The Home Office deals with the police, the lower courts, the probation and aftercare service and the prisons as well as other interior affairs in England and Wales. It combines most of the functions of what in Europe and elsewhere are often separate ministries - namely of the Interior and of the Justice. According to this the Research and Planning Unit conducts research on police as well as on prisons, on crime prevention as well as on the criminal justice system and process''. According to its establishment as an internal research unit the research projects are allocated to internal staff or are commissioned from universities or other research bodies. 10 See Nishimura, Division of Crime Prevention and Juvenile Studies at the National Research Institute of Police Science, in this volume, pp. 77-81; and Sato, Research and Training Institute of the Ministry of Justice, in this volume, pp. 83-85. 11 See Tuck, The Role of the Home Office Research and Planning Unit, in this volume, pp. 155-161. 19 Jorg-Martin Jehle In France there is the Center for Sociological Research on Law and the Criminal Justice System (CESDIP)'. Its status is distinctly different from that of other governmental agencies involved in research on crimi- nal justice, since it is attached both to the French Ministry of Justice and the National Center of Scientific Research. In this form it was established 1in 1983, but its forerunners date back to the 1950s. At present research projects are conducted focussing fear of crime and victimization, police matters, the criminal justice system, and corrections, especially prisons. In the Netherlands there is the Research and Documentation Center of the Ministry of Justice, established in the early 60s. Its original functions were the collection and dissemination of criminological infor- mation and the sponsoring of university based research on penological topics. In the last years its main task, however, became the execution of in-house policy-oriented research projects with the result that the priorities moved from policy-oriented survey research past evaluation and consulting to task forces and the evaluation of policy experiments'®. Scandinavia has developed a number of different models of organiz- ing criminological research. Some countries favour criminological re- search produced by the staff of university institutes while other Scan- dinavian countries, such as Finland'* and Sweden, have invested in separate government institutes. But nevertheless the Scandinavian crimi- nological research tends to be similar in form and content. In addition there is a special Scandinavian institution, the Scandinavian Research Council of Criminology' set up in 1962 by the governments of Den- mark, Finland, Iceland, Norway and Sweden. The main activities of the Council are organizing seminars and conferences, publishing of a series and sponsoring research by commissioning research from individual experts and by awarding small research grants. 12 See Robert, Center for Sociological Research on Law and the Criminal Justice System (C.E.S.D.I.P.), in this volume, pp. 105-111. 13 See van Dijk, The first fifteen years of the Research and Documentation Centre of the Ministry of Justice, in this volume, pp. 121-128. 14 See Térnudd, Balance of Power and the Organisation of Policy Relevant Crimino- logical Research, in this volume, pp. 97-103. 15 See Toérnudd, l.c., page 100. 20 Institutions of Policy-Onented Criminology In Sweden one finds an example of government-financed research centers. The National Council for Crime Prevention is a separate agency under the Ministry of Justice established in 1974. It 1s to promote crime prevention measures in various sectors of community activity and is to coordinate efforts by the community and private individuals to counter- act crime. That means the Council is in particular to assist the govern- ment, to conduct research and to supply information. A broad range of research projects are undertaken; current topics are economic crime, crimes of violence, crimes against property, drugs, and young offenders’®. Concerning the Federal Republic of Germany, this volume presents all possible institutional forms of criminological research and consulting on government behalf. In the Federal Ministry of Justice a separate section is responsible for "Criminology" and Crime Statistics. Insofar as investigation is necessary to provide a basis for decision making in crime policy the Federal Ministry of Justice carries out research projects only to a limited extent but primarily gives contracts to suitable university institutes or to the Kriminologische Zentralstelle, which it also finances to some degree'’. The socalled Independent Federal Commission for the Prevention and Combat of Violence is an organization restricted in time and task. It should prepare a secondary analysis on the causes of violence and develop plans to be implemented by the legislative, administrative and judicial authorities’®. In 1986 the Kriminologische Zentralstelle (the Central Institute of Criminology) started working. It was established and is funded by the Federal Minister of Justice and the Ministers of Justice of the Federal States (Lander). Its main tasks are to promote criminological research, to collect data and to make criminological findings available to scientists and practitioners. Therefore its activities are focussed on the documen- 16 See Hakansson, The National Council for Crime Prevention, in this volume, pp. 143-146.; on criminological research at universities in Sweden see Thedéen, in this volume, pp. 153-154. 17 See Hobe, Criminological Research at the Federal Ministry of Justice, Bonn, in this volume, pp. 165-173. 18 See Schwind, Mandate, Structure, and Working Methods of the German "Indepen- dent Federal Commission for the Prevention and Combat of Violence (Violence- Commission)”, in this volume, pp. 185-193. 21 Jorg-Martin Jehle tation, especially of research projects, conducting practice-oriented research projects, analysing crime statistics and organizing meetings on criminological, methodological and practical issues'. Within several Ministries of Justice of the Federal States there are criminological researchers organized in working groups and as an exam- ple the Lower Saxony Department of Justice is presented here®. In the field of the police there is primarily to be mentioned the Research Unit on Criminology and Criminal Investigation of the Bun- deskriminalamt. Its activities range from phenomenological studies of individual crime categories, the analysis of existing, and the development of new methods in police work to the analysis of crime trends. Research projects are both carried out by in-house staff or performed by contrac- tors especially scientific institutes. Besides its scientific tasks the Re- search Unit offers a number central services especially the computer aided documentation system for police literature, the organization of meetings and the edition of numerous publications®'. At the level of the police of the Federal States there is criminologi- cal research too. As an example the Criminological Research Unit of the Bavarian Police is presented here®. | Regarding the East-European countries one has to take into account the fact that these countries for decades were governed by a communist state doctrine. According to this ideology criminality was officially consi- dered as being inconsistent with their social system. However, during the last years criminality was more and more recognized - also by official political standards - as an important social problem, while at the same time the communist idea as state doctrine was continually declining. Examples in this context are Poland® and Hungary®, though these 19 See Jehle, The Central Institute of Criminology, in this volume, pp. 175-184. 20 See Hasenpusch, Criminological Research within Criminal Justice Authorities in the Federal Republic of Germany, in this volume, pp. 195-202. 21 See Storzer, The Research Unit on Criminology and Criminal Investigation of the Bundeskriminalamt (BKA) in Wiesbaden, in this volume, pp. 203-216. 22 See Steffen, Criminological Research Unit of the Bavarian Police, in this volume, pp- 217-219. 23 See Holyst, The Scientific and Research Activities of the Institute of Crime Problems, in this volume, pp. 129-136; and Ostrihanska, Department of Criminolo- gy of the Institute of State and Law at the Polish Academy of Sciences, in this volume, pp. 137-141. 22 Institutions of Policy-Onented Criminology countries might show substantial future changes compared to the status quo recorded in their contributions. Also the presentation on criminological research institutes in China® demonstrates, that even there criminal phenomena have more and more been recognmized as serious problems. However, based on the political changes it is even more difficult than in the East-European countries to evaluate the further developments. IV. Questions of the interdependency of research and policy The relationship between scientific activities and political interests is the crucial point of research work in state institutions or on government behallf. The form in which such a practice-oriented science takes place and which role it plays in crime policy is certainly judged differently from country to country. However, just as sure is that the political and scien- tific level cannot completely be overlapped since they refer to different methods and evaluations. This is understood concerning research which is done by independent scientists taking on a government assignment. But even criminological institutes and research departments which are directly affihated with government authorities claim for themselves scientific character at least in methodological respects. But not only the researchers have to hold on to the scientific charac- ter of their work; also politics must be interested in receiving results, which have been achieved through scientific means. Only that way one can possibly claim to have obtained objective, generally recognized findings which can provide a safe basis for crime policy decisions. Criticism refering to this kind of research often point out that it does "suffer from a lack of scientific credibility in the eyes of the academic world"®. Therefore, it is decisive that this research corresponds to See Go6dony, The Research Activity of the National Institute of Criminology and Criminalistics, in this volume, pp. 113-119. See Guo Xiang, Brief Introduction to Chinese Research Institutes of Criminology, in this volume, pp. 71-76. 26 See Tuck, l.c., page 157. 23 JOrg-Martin Jehle methodical standards and its results are published and thus exposed to public scrutiny. These prerequisites secure the quality of research and protect the research facilities "from covert compliance with the dictates of government ideology"™’. It therefore depends on the relative balance of power between the policy making agencies on "the one hand, and the research agencies involved in policy relevant research on the other hand"%. For a closer look at the relationship between policy-oriented crimino- logy and crime policy, several levels need to be distinguished: It must be stated how the question to be researched should be formulated, how the research should be conducted, how the results should be evaluated, imparted to the public and put into practice. The answers at these different levels vary according to the task set and organization form of the respective institution. Concerning the choice of research subjects, the work of a research facility within a public authority must correspond to the authority’s overall terms of reference®. But this does not imply a unilateral deter- mination of the research programme by the governmental authority. On the contrary, research requircments are usually developed in collabora- tion between researchers and policy-makers or practitioners®. However, it does not concern subjects which are of purely academic interest; they always have to be of practical or political importance. In order to guarantee this, there are different ways of cooperation: In some cases the researchers are integrated into policy agencies, in other cases a consultation board exists with practitioners and policy-makers as mem- bers. Often researchers from universities or other research bodies are on the board® or regular meetings are held to canvass the views of 27 See Tuck, l.c., page 157; see also Storzer, l.c., page 204, especially on the German debate about the socalled "State Criminology". See Toérnudd, l.c., page 98. 29 See Stoérzer, l.c., page 204. 30 See esp. Stewart, l.c., page 89; Tuck, l.c., page 156; Chappell, l.c., pp. 63-70, van Dijk, l.c., page 124. 31 See for example Jehle, l.c., pp. 175-184. 24 Institutions of Policy-Onented Criminology other criminologists on the content of the research programme and the needs for research®. As mentioned above, the crucial point of scientific credibility for research is that the methodical standards are guaranteed and the results are exposed to public debate. This means that all forms of policy-orien- ted research works have to be independent in carrying out research projects and publishing their results. All of the institutions mentioned in this book claim these conditions for themselves. The question how the research results are to be implemented in crime policy and criminal justice is answered in different ways. Some instituti- ons spread the information by publications, meetings and sometimes by training and teaching, but leave it to the administration to put them into practice. Some are directly involved in consulting committees or policy-making bodies. Furthermore, in some cases policy experiments are evaluated or even initiated in order to obtain empirical findings for policy recommendations. If the institutions have a consultive role or if they are expected to give policy recommendations, two critical points exist. On the one hand the impact on crime policy may be strong, but it should not be overestimated. If the recommendations derived from the scientific results do not fit into the general crime policy or into the overall political guidelines, they will not be transformed into policy decisions. This 1s because scientific evaluation and political assessment and decision-making are heterogeneous according to their different terms of reference®™. On the other hand a policy advice and guidance role involves consideration of crime and criminal justice issues which are contentious politically. Therefore a scientific institution with consulting tasks is necessarily concerned with the political debate of such issues even though it possesses a stated formal independence and is seeking to be as impartial, objective and neutral as possible®. In my opinion the only way to safeguard the independence of the researchers concerned is to make clear where the empirically founded knowledge ends and what are the additional assessments and values outside the empirical 32 See esp. Tuck, l.c., page 157. 33 See the impressive examples of Térnudd, l.c., page 98. 34 See esp. Chappell, l.c.,, page 68. Jorg-Martin Jehle investigation from which the results gain their political and practical importance®. V. .Questions of data access and data protection Criminological research done by research facilities within official authorities, state research institutions or by contractors of the research bodies have easier access to information and data from governmental agencies. Such data are one of the fundamental sources for investiga- tions in the criminal justice system; here this kind of research has a great advance compared to university research. On the other side there is a stronger need for data protection. There might be a potential danger that personal data collected for research purpose are accessible for the administration of the criminal justice system. This is the crucial point for research by governmental agencies or on government behalf. But of course research as a whole is concerned by the need and the prerequisites of data protection®, Since the 70s in Western Europe and in North America there has been a political debate on data protection. In consequence in most of these countries data acts regulating the protection of individual privacy were introduced. Of course, the individual regulations differ from coun- try to country and they have regularly to be adapted to the rapid tech- nological advance in Electronic Data Processing®”. Though there are some common problems concerning the aspects of research in the criminal justice system. Researchers who record and use personal data are regularly obliged to register such data and to follow data protection principles if the data are automatically processed, i.e. computerized. The most important of these principles are that the collected data are not used and disclosed for any other than research purpose and that the results are not made available in a form which identifies any of the Data Subjects. 35 See Jehle, l.c., page 179. 36 See esp. Solarz, l.c.,, pp. 147-152. 37 See van Dijk, l.c., page 126; Hasenpusch, l.c., page 198; Jehle, l.c., page 179; Solarz, l.c., page 150; Tuck, l.c., page 158. 26 Institutions of Policy-Oriented Criminology Similar to the general rules of the Data Act 1n Wesf Germany there are being discussed legal regulations applying to data collected from crime records and court files®®. This means that the holders of data files can transfer personal data with permission from the persons invol- ved to researchers. Only under strict conditions it is allowed to do it without permission, as it is possible in other European countries like England® or the Netherlands®. According to their importance for research in the field of criminal justice the questions of data access and data protection will be no longer a purely national matter but will be of growing international relevance. VL. Conélusion Criminological research and planning in state and supranational institutions offers a manifold picture. As they are per se focussed on social and political needs, the institutions of policy-oriented criminology create differently designed programmes. However, they have in common the situation characterized by the interdependency of political interests and scientific standards; while holding on to the scientific character of their work and at the same time taking into account all practical needs. In this respect they become the missing link between strictly scientific findings and practical policy. 38 See Jehle, l.c., page 179; Hasenpusch, l.c., page 198. 39 See Tuck, l.c., page 158. 40 See van Dijk, l.c., page 126. 27 ll. Supranational Institutions United Nations Social Defence Research Institute’ Position and activities with particular emphasis on issues of action-oriented research by Ugliesa Zvekic This paper is divided into two parts. Part One presents the mandate and main types of activities of UNSDRI, while Part Two discusses some issues involved in carrying out the action-oriented research which is the main type of research endeavour in which UNSDRI is involved. The list of UNSDRI publications is also attached. I. Part One 1. United Nations Social Defence Research Institute: Its Position and Activities, Creation and Mandate UNSDRI was established in 1968 pursuant to a resolution' of the Economic and Social Council of the United Nations in which the Secre- tary-General was requested to proceed with arrangements for a strength- ened UN programme in the prevention and control of juvenile delin- quency and adult criminality. The Institute was located in Rome, thanks to a generous offer of host facilities by the Italian Government. An agreement on this matter between the Government and the United Nations was signed on 15 January 1968. In May 1989 a Statute was thus adopted transforming UNSDRI into UNICRI, Institute’s terms of reference and modus operandi. United Nations Interregional Crime Justice Research Institute, and updating the Economic and Social Council resolution 1086 B (XXXIX). 31 Ugljesa Zvekic The Institute was formally inaugurated on 29 April 1969 by the then Secretary-General, U. Thant. Speaking about the mission of UNSDRI, he said on the occasion: "There is vastly important work to be done in the world through this Institute. We contemporary men have the opportunity to live in a promising period of the history of human civilization; but the social upheavals that have accompanied rapid social, technological and political change have left their scars, and will continue to leave even more serious scars unless we can develop the wisdom as well as the will to alter the course of events. Painful problems of juvenile delinquency and adult criminality bur- den countries in all regions of the world. In some cases, countries rank these matters among their most serious, costly and complex problems to be solved. This Institute is needed to help develop the knowledge required to advance policy and practice in the prevention and control of juvenile de ency and adult criminality. This new United Nations endeavour b I believe, not only of itse shed light on this aspect of human behaviour and national policy but will also serve as a focal point for international collaboration in this field". The Council resolution was adopted on 30 July 1965 on the basis of previous discussions in the Council itself and its Commission for Social Development. The then Advisory Committee of Experts on the Preven- tion of Crime and the Treatment of Offenders has also expressed views on the strenghtening of international action in the social defence field. These debates were informed by the following considerations set out in a report by the Secretary-General®: "A social defence research policy must necessarily be shaped by continual research if it is to be dynamic and attuned to changing needs. There is, for example, a particular need for evaluatory re- search on crime revention and treatment programmes, and for devising accurate indices of the extent and trends of crime and delinquency. This kind of research is extremely costly; the budgetary resources of the United Nations cannot hope to accommodate such costs. The Secretariat has been carrying out a series of projects of a survey nature, based primarily on information solicited from national correspondents and supplemented by library research. Such surveys 2 Document E/CN.5/C.2/R.2. 32 United Nations Social Defence Research Institute, Rome may be useful but do not constitute a scientific basis for policy formulation. They can inspire governments to emulation or further innovation, without any assurance that the programmes they are emulating have any positive preventive or treatment effect. In the absence of scientific evaluatory and cross-cultural research, the effec- tiveness of such programmes must remain an unproven hypothesis: assertion of effectiveness, even if strongly reiterated, cannot become an accepted substitute for actual measurement. Since the regular United Nations budget cannot sustain an intensive social defence research programme - although this is a starting point in policy formulation - recourse must be had to extra-budgetary resources. The machinery for obtaining such resources has already been provided through the establishment of the Social Defence Trust Fund. What remains to be done is to devise the machinery that could best serve the ends of research". The establishment of UNSDRI, it was felt, would ensure the efficient utilization of the resources of the trust fund for research work. Arrangements for provision of financial, personnel and other adminis- trative services to UNSDRI were set out in a Secretary-General’s Bulle- tin of 8 August 1967°. As stated in this document, the Institute was to be "oriented toward the development of new knowledge and the applica- tion thereof in advancing policy and practice in the prevention and control of juvenile delinquency and adult criminality". Within this con- text, it was to "conduct research and organize and support field studies, in collaboration with the countries concerned. Major projects on social defence policies and programmes, to be carried out by the United Nations", were to be given technical support by UNSDRI. The Bulletin went on to say that UNSDRI should also "ensure tech- nical support and coordination of research activities undertaken at the regional and national levels with United Nations assistance". It further stated that "the Institute, while not itself directly undertaking training, will stimulate training through the development of training materials and through the support of and collaboration with training programmes of an international, regional or local character". Moreover, it was foreseen 3 ST/SGB/134. 33 Ugljesa Zvekic that UNSDRI "will maintain an international library of criminological and penological reference materials to serve the needs both of the ties I.Jnited Nations and of scholars and other experts requiring such facili- n These basic purposes have guided the work lof UNSDRI during the twenty years of its existence, and they remain valid. Crime rates con- tinue to grow and, in many countries, have reached such proportions that they indicate the presence of serious threats to social peace and stability. This problem, made even more complex by the emergence in recent years of new forms of crime, including its internationalization, has revealed increasingly the inadequacies of conventional crime prevention and criminal justice policies, geared as they are to crimes committed by individuals acting as individuals and to action within national boundaries. Research - as an essential mput for policy improvement - continues to be a necessity. The relevance of research is highlighted also by the demonstration in numerous studies undertaken in recent years that there is a significant but highly complex relationship - still inadequately explored and under- stood - between social change and the consequences of dysfunctional aspects of such changes in terms of social conflict, disequilibrium, and of crime and deviance. Developing countries, as they carry out economic and social development programmes, are increasingly finding that unanti- cipated social problems are obstructing the achievement of their develop- mental goals. In carrying out its mandate, UNSDRI has sought to anticipate chan- ges in the needs and concérns of cooperating countries. Thus, its work programme has evolved in adaptation to the social, cultural and econo- mic dynamics of the international community, particularly in the develop- ing regions of the world. Its primary mandate today may be stated as the promotion, conduct, coordination and support of research and, in collaboration with the countries concerned, the organization and support of field activities with a view to the achievement of the following pur- poses: 34 United Nations Social Defence Research Institute, Rome - The establishment of a rehable knowledge-and-information base on social problems involving juvenile delinquency and adult criminality and on their context, special attention being given to the new, fre- quently transnational forms of the phenomena; - The identification of appropriate strategies, policies and instruments for the prevention and control of the phenomena so as to contribute to socio-economic development and to promote the protection of human rights; and - The formulation of practical models and systems in the foregoing context aimed at support for policy formulation, implementation and evaluation in an operational sense. In addition, the Institute continues to provide action-oriented research and training support to major projects on crime prevention and criminal justice policies and programmes carried out by the United Nations, and to maintain an international documentation centre on criminology and related disciplines. Efforts are presently being made to create capacity in UNSDRI for the planning and implementation of training activities at the mterregional level and, at the request of interested countries, at the national level. 2. Position in the United Nations UNSDRI is a subsidiary body of the United Nations. Its administra- tive budget and scientific activities are both financed from the Social Defence Trust Fund to which Governments contribute on a voluntary basis. The Institute operates under the policy guidance of the Centre for Social Development and Humanitarian Affairs, United Nations Office, Vienna. Close co-operation is maintained on a day-to-day basis with the Centre’s Crime Prevention and Criminal Justice Branch. In drawing up its work programme, done so far on an annual basis, the Institute takes account of: 35 Ugljesa Zvekic Resolutions of the General Assembly and the Economic and Social Council on matters concerning crime prevention and criminal justice, The recommendations and decisions of the five-year United Nations Congresses on the Prevention of Crime and the Treatment of Offen- ders, The recommendations of the UN Committee on Crime Prevention and Control, The biennial programmes of the Crime Prevention and Criminal Justice Branch, Specific requests for assistance and support addressed to UNSDRI by the Branch, Requests for assistance addressed to UNSDRI by Governments, and Concerns and developments in criminology and related sciences and in crime policy. The work programme is considered in draft by an Ad Hoc Adwisory Group on UNSDRI’'s Work Programme and Directions, which meets annually to provide policy advice to the Director of the Institute. Mem- bers of the Group come from all regions of the world and serve in their personal capacities. Representatives of the Centre for Social Develop- ment and Humanitarian Affairs, including the Branch, are invited to take part, and normally participate, in the Group’s meetings. The Centre approves the work programme after it has been endorsed by the Group. Subsequent to this, the annual budget of UNSDRI is approved by United Nations Headquarters at New York. Operational assistance and guidance for personnel and financial administration are thereafter provid- ed by the United Nations Office at Geneva. The Institute is the interregional part of a network of interregional and regional UN institutes for the prevention of erime and the treat- ment of offenders. It maintains close cooperation with its regional partners: the United Nations Asia and Far East Institute for the Preven- tion of Crime and the Treatment of Offenders (UNAFEI), the Latin American Institute for the Prevention of Crime and the Treatment of Offenders (ILANUD), the Helsinki Institute for Crime Prevention and Control, affiliated with the United Nations (HEUNI), and the United Nations African Regional Institute for the Prevention of Crime and the Treatment of Offenders (UNAFRI). There is also very close collabora- 36 United Nations Social Defence Research Institute, Rome tion with the Arab Security Studies and Training Center (ASSTC). UNSDRI maintains working relationships with major UN funding agencies, the primary ones being the United Nations Development Programme (UNDP) and the United Nations Fund for Drug Abuse Control (UNFDAC). There is similar cooperation with other UN units, e.g. the Department of Technical Cooperation for Development, the Division of Narcotic Drugs and the Branch for the Advancement of Women, and with Specialized Agencies of the Unmited Nations, such as the World Health Organization, the International Labour Organization, and the United Nations Educational, Scientific and Cultural Organiza- tion. II. Part Two: Issues of Action-Oriented Research This paper addresses some issues and characteristics of action-orient- ed research from the point of view of the research process. It deals with the need for collaboration between the research community, on the one hand, and decision-makers, administrators and practitioners on the other with a view to the promotion of the action-oriented research. Many obstacles have been noted on the side of the "clients" and, as a matter of fact, it would appear that the research community is prompt in pointing out that it is the "other side" that sets the barriers preventing the development of action-oriented research and a broader use of research potentials in the sphere of policy-making and social interven- tions. On the other hand, the same research community appears to have marginalized the status of action-oriented research and researchers. The least that can be said is that it has not recognized to a sufficient degree some of the specific characteristics and requirements of action-oriented research nor has it devoted much attention and effort to preparing its professional members to carry out this type of research work. By specifying some of the issues of action-oriented endeavours in terms of common elements and differentials as compared to basic research, this paper attempts to articulate the need for the scientific community to adjust to the demands for and expectations of research in order to meet these demands and expectations and further promote the need for and use of science in change-inducing activities. The main 37 Ugljesa Zvekic argument is that the promotion of the need for research is a comple- mentary exercise; it i1s not only a matter of enlightening the "other side" but also of introducing changes within the scientific community, especial- ly as regards the professional formation of its members. To this one should add that the logical consequence of locating the subject of research within the realm of problems as defined by the community, policy-makers and practitioners as well as by researchers, leads to a search for solutions within the options presented by the parties involved in identifying the problems. These options in turn are sometimes readily observable and easily identifiable while others are hidden within the matrix or even in the marginal spheres of the social fabric and, therefore, need to be identified, evaluated and articulated as rational and promising realistic solutions. Many times they may lie outside institutional structures and may, in fact, lead to a substantial decrease of the role of traditional policy-making and institutionally centred mechanisms. The realization of the potential of action-oriented research to serve policy-making through the articulation of devices and options outside the conventional institutionalized structures, should not be dismissed by policy-making structures only on the grounds that it does not provide solutions that fit into the routine of the established prevention and control systems. Thus, collaboration between the research community and policy- making structures should not be confined to a search for solutions strictly within the established practices that allow only a restricted degree of social reform. It should go far above this level and take into account the existing options or potentials within a much wider social context. As recommended in the Resolution 20 of the Seventh United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Milano, Italy, 1985, "... analysis and rational problem solving (should take place) in a continuum . (and be) . cognizant of the social relativity of culturally specific crime-prevention strategies and (should) be able to asses their preventive potentials". In a certain sense the collaboration between the parties involved in a research project and their ability, capacity and readiness to respect each other’s competence, possibilities and limits should be regarded as 38 United Nations Social Defence Research Institute, Rome indispensible conditions. Such conditions would enable action-oriented research to look for "solutions" also outside the established institutional arrangements. This in turn would bring research closer to the community and should lead to the articulation of social inventions and/or interven- tions that better fit the socio-cultural matrix and culturally-relevant meanings and solutions of the phenomena under consideration. The need for and utility of research can be promoted only if its status and potentials are fully recognized by all the parties involved. This is certainly not only a matter of public propaganda and enlightenment; rather, it requires special efforts also on the part of the scientific com- munity. Action-oriented research processes and situations are often different from conventional ones; moreover it has great potential both in terms of impact on social conditions and on the promotion and development of basic scientific disciplines. A recognition of these com- mon traits, differences and potentials, and systematic work on the deve- lopment of the necessary requirements for good action-oriented scholar- ship are likely to be the most fruitful avenues to make more and better use of research. III. List of UNSDRI Publications 1969 Publ. No. 1: Tendencias y Necesidades de la Investigacion Crimino- logica en America Latina.* F. Ferracuti, R. Bergalli. 1970 Publ. No. 2: Manpower and Training in the Field of Social De- fence.” F. Ferracuti, M.C. Giannini. 1971 S.P. No. 1. Coordination of Interdisciplinary Research in Crimino- logy.* F. Ferracuti. 1971 Publ. No. 3: Social Defence in Uganda: A Survey of Research.’® 1971 Publ. No. 4: Public et Justice: Une Etude Pilote en Tunisie.? A. Bouhdiba. 4 Out of print. 5 Also published in French and Spanish. 39 Ugljesa Zvekic 1972 S.P. No. 3: Perceptions of Deviance. Suggestions for Crosscultural Research.* G. Newman. 1973 S.P. No. 4: Perception Clinique et Psychologique de la Déviance. F. Ferracuti, G. Newman. Sexual Deviance. A Sociological Analysis. G. Newman. Aspetti Sopiali dei Comportamenti Devianti Sessuali.* F. Ferracuti, R. Lazzari. 1973 S.P. No. 5: Psychoactive Drug Control. Issues and Recommenda- tions.® J.J. Moore, C.R.B. Joyce, J. Woodcock. 1973 Publ. No. 5: Migration. Report of the Research Conference on Migration, Ethnic Minority Status and Social Adaptation, Rome, 13-16 June 1972. 1973 Publ. No. 6: A Programme for Drug Use Research. Report of the proceedings of a workshop at Frascati, Italy, 11-15 December 1972.* 1973 S.P. No. 6: Un Programma di Ricerca sulla Droga. Rapporto del seminario di Frascati, 11-15 dicembre 1972. 1974 Publ. No. 7: A World Directory of Criminological Institutes.® B. Kasme (ed.). 1974 Publ. No. 8: Recent Contributions to Soviet Criminology.* 1974 Publ. No. 9: Economic Crisis and Crime. Interim report and materials. 1974 Publ. No. 10: Criminological Research and Décision-Making. Stu- dies on the influence of criminological policy in the Netherlands and Finland.* 1976 Publ. No. 11: Evaluation Research in Criminal Justice. Material and proceedings of a Research Conference convened in the context of the Fifth United Nations Congress on the Prevention of Crime and the Treatment of Offenders. 40 United Nations Social Defence Research Institute, Rome 1976 Publ. No. 12: Juvenile Justice. An international survey, country reports, related materials and suggestions for future research. 1976 Publ. No. 13: The Protection of the Artistic and Archaeological Heritage. A view from Italy and India. 1976 Publ. No. 14: Prison Architecture. An international survey of re- presentative closed institutions and analysis of current trends in prison design.’ 1976 Publ. No. 15: Economic Crisis and Crime. Correlations between the state of the economy, deviance and the control of deviance.’ 1976 Publ. No. 16: Investigating Drug Abuse. A multinational programme of pilot studies into the non-medical use of drugs. J.J. Moore. 1978 Publ. No. 17: A World Directory of Criminological Institutes. (2nd edition).” 1978 Publ. No. 18: Delay in the Administration of Criminal Justice - India. S.K. Mukherjee, A. Gupta. 1979 Publ. No. 19: Research and Drug Policy. J.J. Moore, L. Bozzetti. 1981 The Effect of Islamic Legislation on Crime Prevention in Saudi Arabia.’ 1982 Publ. No. 20: A World Directory of Criminological Institutes (3rd edition).* 1984 Publ. No. 21: Combatting Drug Abuse. F. Bruno. 1984 Publ. No. 22: Juvenile Social Maladjustment and Human Rights in the Context of Urban Development. SW-H 9BY. Available through The Architectural Press, 9 Queen Anne’s Gate, London At the request of the Government of the Kingdom of Saudi Arabia, UNSDRI published English, French and Spanish editions of this publication. 41 Ugljesa Zvekic 1984 Publ. No. 23: The Phenomenology of Kidnappings in Sardinia. I.F. Caramazza, U. Leone. 1984 Publ. No. 24: The Role of the Judge in Contemporary Society.® 1985 Publ. No. 25: Crime and Criminal Policy. Papers in Honour of Manuel Lopez-Rey. P. Dawvid (ed.). 1985 Publ. No. 26: First Joint International Conference on Research in Crime Prevention, Riyad, 23-25 January 1984.° 1986 Publ. No. 27: Action-Oriented Research on Youth Crime: An International Perspective. U. Zvekic (ed.). 1986 Publ. No. 28: A World Directory of Criminological Institutes. (4th Edition). C. Masotti Santoro (ed.). 1987 Publ. No. 29: Research and International Cooperation in. Criminal Justice: Survey on Needs and Priorities of Developing Countries. U. Zvekic, A. Mattei. 1988 Publ. No. 30: Drugs and Punishment. D. Cotic. 1988 Publ. No. 31: Analysing (In)Formal Mechanisms of Crime Control: A Cross-cultural Perspective. M. Findlay, U. Zvekic. 1988 Prison in Africa: Acts of the Seminar for Heads of Penitentiary Administration of the African Countries.' 1988 Publ. No. 32: The Death Penalty: A Bibliogrgphical Research. In collaboration with the International Association of Judges. In collaboration with the Arab Security Studies and Training Center. 10 In collaboration with the Ministry of Justice of Italy and the International Centre for Sociological, Penal and Penitentiary Studies, Messina, Italy. 42 Criminological Research and the United Nations in Europe HEUNI and the Exchange of Information by Matti Joutsen I. Introduction: the function of comparative research One of the more invisible straitjackets on the development of hypo- theses in criminological (or, in general, sociological) research is the status quo. Living in one society makes us accustomed to certain values and certain ways of doing things. We take it for granted that certain behaviour should be criminalized and certain other behaviour should be permitted, that the police, the prosecutors and the courts should act in certain ways, and that the attitudes we happen to have towards offen- ders and victims are "natural". In many countries in Western Europe and in North America, it is taken for granted that the newspapers and the other media bombard us with crime news, we "know" that it is not safe to go out at night, and we don‘t give a second thought to the wvisible and wide-spread use of locks, bars and guard dogs. From such a per- spective, the idea of a punitive response to crime may make a lot of sense, and fear of crime may seem a natural state of affairs. Imagine a colleague at work in Tokyo, Moscow or Buenos Aires on a criminological research project, for example on the prevention of thefts or vandalism by juveniles. He or she will also be working on the basis of an unconscious set of assumptions and values. Consequently, the research approach and the policy recommendations will probably differ from that of a Western European or North American criminolo- gist. The Tokyo researcher might be interested in technical means of prevention, the Muscovite might focus on effective social control and the resident of Buenos Aires might underline "social defence" and rehabilita- tion. 43 Matti Joutsen Even if the Western European or North American were aware of what his or her foreign colleagues were doing, their efforts might be dismissed without a second thought. After all, the reasoning might go, Japan, the USSR and Argentina are so different socially, culturally, legally and economically that what goes on in such countries has nothing to do with the everyday reality of the researcher in question. Why bother to find out what goes on elsewhere? The answer, of course, is that the researcher who ignores alternative paradigms unnecessarily hampers his or her own work. The researcher should try to find out how other societies define, experience and deal with crime because this may provide new insights into what is going on in his or her own country. There are some 170 countries in the world, all with quite different backgrounds and criminal justice systems. Even so, they all have to deal with basically the same crime and crime control problems: how do you prevent theft, rape or robbery, what do you do with the offender, and how do you help the victim. II. The functions of HEUNI It is this perspective which is at the root of the work of HEUNI (the Helsinki Institute for Crime Prevention and Control, affiliated with the United Nations). HEUNI, which is the European regional United Na- tions Institute for the crime and criminal justice programme, was estab- lished on the basis of an agreement signed between the Government of Finland and the United Nations in 1981. The administrative and budgetary responsibility for HEUNI lies with the Government of Fin- land. The primary objective of HEUNI is the promotion of the internatio- nal exchange of information on crime and criminal justice among Euro- pean countries with different socio-economic systems. The main functions of HEUNI, as outlined in the Agreement, are: - the organization of seminars on crime and criminal justice; - the collection of information on matters falling within the competence of HEUNI; the conducting of research; and the organization of meetings serving the objectives of HEUNI. Helsinki Institute for Crime Prevention and Control In carrying out its main functions, HEUNI has organized a number of major European Seminars as well as smaller meetings of experts on spectfic themes. HEUNI also organizes European Seminars jointly with European governments and/or other institutions. In addition, various research projects have been carried out. The European Seminars are generally organized in several stages. The first stage involves the convening of a working group representing dif- ferent countries and fields to plan the Seminar and to advise HEUNI on the selection of a project coordinator. During the second stage, the project coordinator prepares the documentation for the meeting, general- ly on the basis of questionnaires sent to the different countries. The third stage is the organization of the European Seminar itself, which is attended by senior government officials and other experts from the different countries of Europe. The fourth and final stage involves the publication of the report of the project coordinator, together with the proceeding of the Seminar. The organization of the meetings of experts varies in accordance with the needs of the topic. Some meetings are ad hoc meetings for one time only, convened, inter alia, to discuss and provide a European perspective on a draft document to be submitted by the United Nations Secretariat to the following United Nations Congress. Others may involve a series of meetings, interspersed with work by each expert in his or her home country on the theme. Such working groups have been organized, inter alia, on the European analysis of the responses to the United Nations Surveys of Crime Trends, Operations of Criminal Justice Sys- tems and Crime Prevention. Strategies. The research projects are, as noted above, often designed to provide the basic documentation for the European Seminars organized by HEU- NI. In addition, several research projects have been carried out on themes not otherwise dealt with by a European Seminar or expert meeting, The topics of the European Seminars, the expert meetings and the research projects have been selected on the basis of two criteria. The first is the crime and criminal justice programme of the United Nations 45 Matti Joutsen Congresses on the Prevention of Crime and the Treatment of Offenders, which are organized every five years. The second is the issues of priority for the European region. Among the past and present projects undertaken by HEUNI are: the development of a crime and criminal justice information system for Europe; courses on United Nations criminal policy; the development of victim policy; the position of the victim in criminal law and criminal procedure; the development of criminal procedure; a review of research on juvenile delinquency; non-prosecution; computerization of the criminal justice system; the development of non-custodial measures; crime prevention strategies; and the European analysis of the responses to the United Nations Surveys of Crime Trends, Operations of Criminal Justice Systems and Crime Prevention Strategies. In addition, HEUNI has sought to assist the Secretariat of the Uni- ted Nations in the drafting of various documents for submission to the Committee on Crime Prevention and Control as well as the United Nations Congress on the Prevention of Crime and the Treatment of Offenders. .For example, in connection with the preparations for the Eighth United Nations Congress, to be organized in August-September of 1990, HEUNI has joined with the other United Nations interregional and regional institutes to promote the development of the following: - the report on the Third United Nations Crime Survey;, - a United Nations Manual on Crime Prevention; - the United Nations draft Standard Minimum Rules for Non-Custodial Measures ("the Tokyo Rules" - pioneered by the United Nations Asia and Far East Institute); the report on the implementation of the United Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power; Helsinki Institute for Crime Prevention and Control - the organization of a Research Workshop on Alternative to Imprisonment (coordinated by the United Nations Social Defense Research Institute); the organmization of a demonstration workshop on computerization of criminal justice systems. Beginning with the first European Seminar organized by HEUNI, on "The Feasibility of a European Information System on Trends in Crime and Criminal Policy";, HEUNI has been actively involved in the plans for a global United Nations information system on crime and criminal justice. The purpose of the information system would be to provide inter- ested governments, institutions and experts with information on recent developments in crime and criminal justice throughout Europe. The developments in information technology would be used to ensure that those requiring information would find the best qualified source of information, and would receive the appropriate guidance in the interpre- tation of this information. The development of the information system calls for considerable preparatory work, including the ascertaining of present and projected needs for various types of information, the charting of the sources of information, such as data banks and experts in the various countries, and the study of the proper technology to be used in gathering, proces- sing and disseminating the information. 'i‘he projected role of HEUNI in the information system would primarily be that of a clearinghouse which shall direct potential users to already existing sources of information. III. HEUNI and research It was noted that one of the functions of HEUNI is the conducting of research. Of necessity, the research in question is transnational (i.e., comparative) research on crime and criminal justice. 47 Matti Joutsen The fundamental differences between countries, combined with our preconceived notions of how things should be, make comparative studies a risky undertaking. A German researcher, for example, may be so used to the German criminal justice system that he or she will interpret everything in this light. In order to escape these blinkers, the compara- tive study must be based on a heightened awareness of cultural differ- ences. Care must also be taken that the methodology used in all the countries involved is the same; otherwise the results will not be compa- rable. One basic choice in the approach is whether the study will be a bilateral or a multilateral one: whether the researcher will compare two or more countries. Bilateral studies permit closer attention to the cultu- ral background, a more careful sifting of the data and an in-depth analysis of the results. They are also more manageable from the practi- cal point of view. Multilateral studies, on the other hand, are consider- ably riskier, but the benefits to be derived from comparing a number of systems may be all the greater: it is easier to note general patterns and point to basic differences. A second basic choice concerns who will carry out the research in each country. One possibility is to have national research teams working in accordance with an agreed methodology or, more simply, responding to a standard questionnaire. Another is to form an international research team that carries out the work in close cooperation. Yet a third possibi- lity is the "Lone Ranger" approach, where one researcher tries to ma- nage the entire research project on his or her own. Perhaps the easier method of comparative research is by sending a questionnaire to experts in different countries and preparing a synthesis of the resulting national reports. This approach is most appropriate in legally oriented studies or other, similar studies where the experts are only asked to sit down and describe a certain phenomenon in their country. This was done by HEUNI, for example, in preparing European reports on non-prosecution (Peter Tak: The Legal Scope of Non-Prose- cution in Europe, HEUNI publication no. 8, Helsinki 1986) and non- custodial sanctions (Norman Bishop: Non-Custodial Alternatives in Europe, HEUNI publication no. 14, Helsinki 1988). 48 Helsinki Institute for Crime Prevention and Control The success of such an approach depends largely on the selection of the rapporteur in charge of the project and the preparation of the questionnaire. The questionnaire will normally provide the structure for the final report. It is difficult for a researcher to formulate the questions so that, on one hand, they are general enough to be intelligible to experts from different legal and criminal justice systems, and on the other hand they allow the expert to go into detail about the details of his or her own system. For this reason, such an approach works best if a feed-back process is used. The responses to the first questionnaire should serve (when and if necessary) as the basis for a reformulation of some questions or for requests for further information on particular points. Furthermore, HEUNI has adopted the practice of inviting all of the national experts to attend a meeting in Helsinki on the study. Not only can the report be finalized at such a meeting, but in addition the parti- cipants can exchange experiences and comments among themselves. Direct contact between the members of an international study group offers the best possibilities of approaching an issue from the perspective of different legal systems (and, in addition, different disciplines and backgrounds). In face-to-face discussion, the possibility of using alterna- tive methodologies, the nuances of the different legal systems and the interpretation of the results can be discussed in a process that eliminates a number of misapprehensions and misunderstandings at a relatively early stage, before they have the opportunity to colour the later stages of the project. The second research model noted was the establishment of an inter- national research team. This was used by HEUNI in the analysis of the national responses to the United Nations Surveys on Crime Trends, Operations of Criminal Justice Systems and Crime Prevention Strategies (Criminal Justice Systems in Europe, HEUNI publications no. 5, Helsin- ki 1985), HEUNI invited a few experts from different European coun- tries to report on the results. The experts were all familiar with the use of statistics and with the criminal justice system of their respective countries. On the basis of this diversity, it was possible to draw conclu- sions that applied not only to each separate criminal justice system, but 49 Matti Joutsen also to Europe as a whole. The draft report was sent for comment to experts in each of the 20-25 countries that responded National and international research teams are the appropriate model when the purpose is to do in-depth studies of different cultures while, at the same time, mm1mxzmg the risks of misunderstanding and misinter- pretation of cultural variance. It is also possible, however, to use a third model, reliance on one expert working alone. This is the most efficient model for gathering information on a specific subject in a short space of time. This model has been used by HEUNI in a study of the legal status of the victim of crime in fifteen European countries: one expert gathered data on the legislation and research from all fifteen countries (Matti Joutsen: The Role of the Victim of Crime in European Criminal Justice Systems HEUNI publication no. 11, Helsinki 1987) This approach is made possible by the basic similarity of the criminal justice system around the world. Crimes are more or less the same, and the police, prosecutors and courts function in more or less the same way. It 1s therefore basically a very straightforward project to gather information (as in this example) on relevant criminal law (e.g. the law on self-defence or provocation) and procedural law (e.g. the right of the victim to present civil claims in criminal proceedings) as well as on research results shedding a light on the relations between the victim and representatives of the criminal justice system However, the approach is also very risky. The perceptions of the expert are always coloured by what he or she knows about the opera- tion of his or her own criminal justice system. The questions asked by the expert in the research project may not pick up circumstances that are of particular relevance in a foreign culture. In this case, for exam- ple, it may have been easy to miss the significance of informal court proceedings in Socialist countries, or the role of the victim assistance movements in England or France. The draft report was therefore sent to experts in each country for comment, with the sections of particular relevance to the country in question underlined in red; the experts often pointed to new areas of interest 50 Helsinki Institute for Crime Prevention and Control IV. Concluding comments Several countries have a highly developed research and policy formu- lation infrastructure for crime prevention and criminal justice. Most countries do not. In particular, the developing countries often lack even the basic tools for formulating rational criminal policy options; for example, many countries have insufficient statistical data on the extent of crime to plan effectively for its containment or reduction, or adequate data on the operation of the elements of the criminal justice system to identify problem areas. For such countries, the assistance of other countries, directly or through structures for international cooperation, is vital. Even for countries with a developed infrastructure for research and policy development, the international exchange of information on crime and criminal justice remains important. Because of the immense burden of crime, a burden that has greatly increased during the previous de- cades, no nation can neglect the exploration of all possible avenues to provide assistance to the victims, the community and the various sectors of the criminal justice system. The search for effective measures should be extended beyond national borders. Although the problem of crime and the possibilities of responding to crime vary according to economic, social, political and cultural factors, there are a significant number of common features that make the international exchange of experience and information mutually advantageous. The definition and cultural circum- stances of offences vary, but the basic offences, the techniques of their commission, their motives and the basic means of prevention remain the same. The details of the substance and structure of the response vary, but the action or lack of action taken (the reaction of the victim, infor- mal social control, and the work of the police, prosecutors, courts and enforcement authorities) share similarities across national borders. Crime 1s an international phenomenon: research on crime should follow suit. 51 Forms of Organization of Scientific Counselling in regard to Crime Policy and of Criminological Research on Government Behalf by Aglaia Tsitsoura’ I. Introduction In present times the principle that policies, governmental or private, should be based on scientifically verified data is generally recognized. However, this trend is more obvious in some fields, e.g. engineering, public health, and less obvious in others where for centuries action is based on philosophical concepts, legal theories or simply preconceived ideas. Such a field is crime policy where in the past, but even now in many cases, measures are taken on the basis of assumptions which are not supported by research findings. This situation began to evolve during the last decades. When in 1963 the Council of Europe organized the first European Conference of Directors of Criminological Research Institutes, important criminological research institutes existed already in many member states, some of them created by Governments (as the Home Office Research Unit)'. Govern- ments were beginning to seek scientific data and advice for the purpose of drawing up crime policies. x Ideas expressed in this paper are those of the author and not necessarily of the Council of Europe. First European Conference of Directors of Criminological Research Institutes, Strasbourg 1964. See Appendices III (Research in Scandinavia), IV (Centro Nazionale di Prevenzione ¢ Difesa Sociale, Italy), V (Institute of Criminal Science, Copenhagen), VI (Home Office Research Unit), 3 VII (Norwegian Criminology). 53 Aglaia Tsitsoura The role of international organizations and in particular, of inter- governmental ones, such as the United Nations and the Council of Eu- rope, in promoting criminological research and urging governments to use its findings for crime policy has been decisive. The present paper will deal with action deployed by the Council of Europe in this field. II. The role of the Council of Europe in promoting crime policies based on criminological research A. The structures Since the first years of its operation the European Committee on Crime Policy, the main governmental body of the Council of Europe responsible for activities in the field of Criminal law, penology and criminology, recognized the need to associate criminological expertise to its work and to promote criminological research by various means. At its suggestion, the following bodies or activities were set up in 1963. 1. The Criminological Scientific Council The Criminological Scientific council, composed of seven eminent and independent criminologists, gives advice, collects information and makes suggestions to the CDPC with a view to the preparation and implemen- tation of the programme of the Council of Europe in the field of crime problems. Thus the Council is a bridge between the world of research and the CDPC, composed of governmental experts (high ministerial officials, judges, sometimes university professors). 2. Criminological Research Conference and Criminological Colloquium Conferences and colloquia are held alternatively every year. The Conferences examine important and actual problems of criminological research and crime policy. Each government designates two participants to the Conference; a small number of other experts can be invited to 54 Division of Crime Problems at the Council of Europe, Strasbourg participate at the suggestions of the Criminological Scientific Council and the CDPC Burcau. The Colloquia examine usually methodological problems. Participants are invited on the suggestions of the Criminologi- cal Scientific Council and the Bureau of the CDPC. Conclusions of Conferences and Colloquia contain recommendations for research and for policy. 3. Individual research fellowships These fellowships allow research workers to go to another member state for a few months to compare methods or data of research with colleagues involved in similar studies. 4. Bulletin of exchange of information on current criminological research projects This Bulletin allows researchers to know about criminological research carried out in the various member states, and, if necessary, to have contacts with colleagues interested in the same problems. To these structures exclusively focussed on research must be added the Conference on Crime Policy, organized every five years, since 1975, with a view to reviewing crime policies in member states, evaluating activities of the Council of Europe in this field and making forecasts about future crime problems and measures to be taken to face them. Scientific experts are often invited to take part in governmental Select Committees examining criminological problems such as e.g. social reac- tions to juvenile delinquency. Through these experts’ research evidence is reflected in recommendations and reports and is offered to govern- ments. B. The objectives Objectives of the Council of Europe in the field of crime policy can be summarized as follows: - promotion of criminological research 55 Aglaia Tsitsoura - coordination of criminological research - embodying research findings in crime policy 1. Promotion of criminological research Promotion of criminological research is an objective per se; however, in an intergovernmental organization it serves equally to facilitate scienti- fic co?nselling to governments for policy purposes. a) Promotion of criminological research at national level The First and the Second European Conference of Directors of Criminological Research Institutions (1963, 1969) examined questions of organization and strategy of research at national level. Resolution (66) 18 of the Committee of Ministers of the Council of Europe reflecting the views of these Conferences urges governments to: - promote the creation and extension of criminological research centres; - where appropriate, give such centres an official status as advisory bodies, or invite members of them to serve on advisory bodies, whose function is to assist the responsible authorities by informing them in matters relating to the administration of justice, the prevention of crime and the treatment of offenders; seek, at national level, collaboration and exchange of information between these centres ‘and, to the extent that it may be found possible and appropriate without infringing the freedom of research, coordina- tion of their activities with a view to securing a comprehensive pro- gramme of research. During the early 60’s the Council of Europe started the programme of individual fellowships and the publication of the Bulletin of exchange of information on current research projects. At the same périod the Council of Europe made an inventory of existin'g institutes of criminological research as well as a study of teach- 56 Division of Crime Problems at the Council of Europe, Strasbourg ing of criminology in member states b) Promotion of criminological research at international level 1) Exchange of views at international level on important criminological problems Criminological research conferences serve as a forum for such exchange of views - between criminologists of different training or different criminological approaches - between research workers and decision makers. Contacts between these groups in the framework of the conferences are considered crucial for promoting mutual understanding of problems, needs and methods Subjects discussed by the Criminological Research Conferences during the last years include - Criminological experts of economic crime (1976) - Public opinion in relation to crime and criminal justice (1978) - Prevention of juvenile delinquency (1980) - Sexual attitudes and behaviours and their implications to criminal law (1982) - Research on victimisation (1984) - Interaction in the criminal justice system (1986) - Privatisation of crime control (1988) Proceedings of such conferences are published in the series "Collected studies 1n criminological research" 2) Exchange of views on methodological problems Improvement of methodologies of research being considered 1mportant with a view to obtaining reliable results, since 1973 the Criminological Colloquia are devoted to the study of problems such as - methods of evaluation and planification in the field of crime [ means to obtain better information on crime [ trends in crime: comparative studies and technical problems historical research on crime and criminal justice etc Council of Europe: Teaching of Criminology in Council of Europe member states - Strasbourg 1974 57 Aglaia Tsitsoura 2. Coordination of criminological research (at international level) Coordination of research may result spontaneously from contacts taking place during conferences or other meetings organized by the Council of Europe. It can also be obtained by initiatives of the Council of Europe, contributing to the organmization of such research in the framework of its member states. Since the beginning of its criminological activities the CDPC had agreed that, in principle, research would not be carried out directly by the Council of Europe, which would rather concentrate its efforts to promoting of research in the member states. However, various exceptions to the rule offered more or less satisfac- tory results. Thus, coordinated research fellowships in the 60’s and the early 70’s permitted the preparation of valuable reports such as the report "on the role of the school in the prevention of juvenile delinquen- cy' (1972). Other attempts were less successful. Thus, a research team on the adaptation in Europe of the index of crime of Sellin and Wolfgang has not been able to prepare a common report. Only the Italian Group concluded its work which has been published independently®. More recently, during the years 84-85 a small group of three re- search workers (France, Fed. Rep. of Germany, United Kingdom) chaired by Professor R. Hauge (Norway) carried out under the auspices of the Council of Europe a research on "economic crisis and crime". In a small period of time (less than two years) and with limited resources (permitting two meetings per year) the group prepared a very interesting report on the topic. The group used the facilities of the Home Office Statistical Unit, the French Ministry of Justice and the University of Bremen. The success of this working group demonstrated that when well planned from the beginning and supported by national facilities, coordi- nated research organized by the Council of Europe can be an inter- 3 T. Delogu - M.C. Giannini. L’indice della criminalité di Sellin e Wolfga teoria generale della misurazione di gravita dei reati. Milano, Giuffre, 1 ggz.nella 58 Division of Crime Problems at the Council of Europe, Strasbourg esting and useful venture. With this in mind, the Criminological Scienti- fic Council suggested various subjects for similar activities during the recent years. Unfortunately such suggestions have always received a low priority, governmental experts considering that sophisticated subjects such as the "development of a criminal justice model" etc. have not a place in the framework of the Council of Europe’s work programme. Research has sometimes been carried out by national or regional institutes on the occasion of a Council of Europe criminological activi- ty. This 1s the case of a research on "forecasting crime" carried out in 1965-1966 by the Scandinavian Criminological Research Council and presented at the Fourth European Conference of Directors of Crimino- logical Research Institutes. 3. Embodying criminological research findings in crime policy Resolution (66) 18 of the Committee of Ministers of the Council of Europe to member states on "collaboration in criminological research" stressed in the preamble that "a rational criminal policy should take account of the findings of criminological research". This principle has been repeatedly stressed in the Council of Europe activities during all following years. The Eighth European Conference of Directors of Criminological Research Institutes (1970) was devoted to "embodying results of criminological research in crime policy". A report on the same subject was prepared for the Council of Europe by Prof. E. Ferracuti (1979). A report presented by M. Ancel at the first Conference on Crime Policy emphasized the need for crime policies based on criminological research®. As has been mentioned, Conclusions of Conferences, Colloquia, Select Committees or Working Groups of the Council of Europe con- stantly offer to governments research findings, urging them to take such data into account when drawing crime policies and, if need be, to complement them by research to be carried out at national level. 4 First Conference of Criminal Policy (Strasbourg, 1975), Volume II. M. Ancel. The contribution of research to the framing of a criminal policy. 59 Aglaia Tsitsoura Progress has been made in associating governments and research, but difficulties always exist in the field. Conclusions of Conferences and Colloquia seem sometimes unsatisfac- tory to governmental experts as they usually express less certitudes and more queries. The need for more research on most topics seems to decision makers a tiring suggestion, repeated too often. Negative results are sometimes seen as a failure and not a starting point for further research. Many efforts are still necessary to demonstrate the practicability of resecarch which - at first sight - seems too theoretical and sophisticated. Other factors, such as the need to take urgent action to face a crime problem or political considerations, prevent sometimes governments from taking into account evidence coming from criminological research. II1. Conclusions Notwithstanding the difficulties it can be said that the Council of Europe plays an important advisory role to governments in its constant efforts to associate criminological research to crime policy. Legislative reform and other measures of crime policy in the Council of Europe member states (for example abolition of death penalty, deve- lopment of alternatives to imprisonment) indicate that progressively crime policies are less influenced by concepts coming from remote ages and more inspired by findings of empirical research. 60 Ill. Institutions in America, Asia, and Australia The Role and Activities of the Australian Institute of Criminology by Duncan Chappell I. Beginnings The Australian Institute of Criminology (AIC) was established as an independent statutory body by the Criminology Research Act 1971. This piece of federal legislation, amended slightly in 1986, has resulted in the formation of an Institute funded entirely by the Commonwealth (or central government) but which provides a range of services to each of the federal, state and territorial Governments in the country. The decision to establish the AIC in the early 1970’s followed more than a decade of debate in Australia about the best way to deliver much needed policy related research, training and associated advice and guidance to criminal justice agencies and practitioners. (1) Although two of the leading tertiary education institutions in the country - the Univer- sity of Melbourne in the early 1950’s and the University of Sydney in the early 1960’s - had begun to conduct criminological research and teaching, it was felt that their activities were more relevant to academics than policy makers in the criminal justice system. (2) Accordingly, the possibility of asking a university based criminological institute to perform a more direct role in the policy arena was rejected. Also rejected was the possibility of locating a new policy orientated criminological institute within an existing government department, as in the case of the British Home Office Research Unit established in 1957. (3) Such a location would, it was thought, be detrimental to the inde- pendant and objective role envisaged for a criminological institute ser- ving all governments in the Australian Federation. 63 Duncan Chappell When the results of these deliberations were finally converted into a legislative framework in the form of the Criminology Research Bill they received widespread bipartisan support in the commonwealth Parlia- ment and a rapid passage into law. The Criminology Research Act 1971, in addition to creating the Institute, also set up a Criminology Research Council (CRC). This body was designed to administer a newly formed Criminology Research Fund which would sponsor criminological research in Australia. The AIC was designated as the secretariat for the CRC. I1. Current‘ Structure and Role After almost two decades of operating experience the AIC has grown into an organisation which currently employs a staff of almost 60 per- sons. With an annual budget of approximately AUD 2.75 million the Institute, pursuant to its legislative mandate, performs six principal functions: research; the collection, analysis and publication of crime statistics; the provision of policy advice and assistance; training; informa- tion services;, and international collaboration. Each of these functions will now be described briefly. 1. Research Most of the professional staff who are members of the Institute are engaged in a range of research activities. These researchers possess a variety of disciplinary backgrounds including computing science, law, political science, psychology and sociology. Researchers who are fulltime/ permanent employees of the Institute serve under terms and conditions similar to those of academic staff of Australian universities. Thus Insti- tute researchers are entitled to sabbatical leave, and their general pay scales and ranks approximate those in academia. The Institute does not, however, require its resecarch staff to teach or supervise students. During the formative years of the Institute research staff were given substantial freedom to conduct studies of their choice, subject to the general approval of specific projects by the Institute’s Board of Ma- nagement. This Board, which comprises three persons appointed by the Federal Attorney General, four persons appointed by the CRC, and the Director of the AIC, is charged with the general direction of the 64 Australian Institute of Criminlogy Institute. The Federal Attorney General 1s also required to nominate one of his or her appointees to be the Chairperson of the Board. In the 1980’s decisions about the types of research to be undertaken by Institute staff have tended to be less idiosyncratic. The Board of Management, without intervening directly in the Institute’s research planning process, has indicated a desire to establish certain criminal justice issues as ones deserving priority on the Institute’s research agen- da. For example, greater emphasis is now being placed on research focused on questions of cost-effectiveness and efficiency in the criminal justice system; crime prevention; and young offenders. Apart from in house research funded by. the Institute itself, the AIC has been experiencing rapid growth over the past two years i research performed under contract for outside clients. These clients have ranged from federal government agencies, like the Department of Immigration, Local Government and Ethnic Affairs to private organisations such as the Australian Bankers Association. It is anticipated that this aspect of the Institute’s research activity will continue to expand for the foresee- able future. 2. Statistics Since its inception the AIC has been involved in an active program to gather, analyse and publish an extensive range of statistical data about crime and criminal justice issues. This program has perhaps been most comprehensive, and successful, in the area of corrections. In close collaboration with the various corrections departments around the coun- try the Institute produces an annual National Prison Census report, as well as a monthly overview of trends in prison populations. Regular statistics are also published about developments in community based corrections, and juvenile justice institutions. Despite concerted efforts over many years by the Institute and other bodies to obtain a national collection of uniform, accurate and reliable police crime statistics, this particular aspect of criminal justice activity continues to be marked by inadequate data collection systems. The latest in a long series of official reports pointing to the deficiencies in these systems, and recommending ways of remedying the situation, has 65 Duncan Chappell very recently received favourable consideration by the Australian Police Ministers Council - an intergovernmental body concerned with national policing issues. (4) Provided adequate financial resources are made available, it is proposed to establish a new National Crime Statistics Unit within the Australian Bureau of Statistics (ABS), the nation’s principal statistical agency, to begin collecting and publishing uniform police and allied statistics. Another current development affecting the AIC’s role in the crime statistics area has been a recent agreement by the nation’s Attorneys General to support the establishment of a regular national crime survey program. The program is to be developed jointly by the AIC and the Australian National University’s National Social Science Survey Centre. It is anticipated that the first pilot survey in this program will be com- pleted in 1989. 3. Policy Advice and Assistance This particular AIC function has assumed increasing importance and significance with the growth of the Institute, and with the recognition by policy makers of the contributions which can be made by an inde- pendent body in this area. These contributions have included reports by the Institute in the past two years on some of the most controversial and sensitive issues confronting criminal justice policy makers in Austra- lia including gun control, sexually explicit and violent videos, Aboriginal deaths in custody, and police powers and resources. (5) In the case of gun control the AIC was asked to present a briefing paper to the Prime Minister to assist him at a special summit meeting of the nation’s political leaders convened in December 1987 to consider the state of violence in Australia. This summit meeting led in October 1988 to the establishment, by joint agreement of all Australian govern- ments, of a National Committee on Violence. (6) This Committee, which is to report its findings to goverments by the end of 1989, is chaired by the Director of the AIC. The AIC is also providing a wide range of secretariat, research and related assistance to the National Committee on Violence. 66 Australian Institute of Criminlogy 4. Training Since its inception the Institute has made a significant contribution to the acquisition of knowledge by criminal justice practitioners, and the broader community, regarding many important criminological issues. This training function has been directed principally to the conduct of a regular program of conferences, seminars and workshops on topics identified as having a particular interest and relevance at any given time. For instance, during 1989 this program has given special emphasis to the work of the Natinal committee on Violence, including the spon- sorship of a major National Conference on Violence in October 1989. Another major conference is scheduled in September 1989 on Organised Crime 1n Australia. 5. Information Services The AIC has developed an extensive publication program to assist with the implementation of its information service function. This pro- gram 1s at present in the process of substantial change following the appointment of a very experienced Managing Editor to oversee this vital aspect of the Institute’s work. At a time of severe budgetary constraint emphasis is being given to more aggressive marketing of AIC publica- tions, and to cost recovery. A new book and monograph series, titled Australian Studies in Law, Crime and Justice, is to be launched shortly as 1s a new journal, Criminology Australia. The AIC has also established a large library to service its own re- search staff, and an ever growing list of external users. The Instiute’s J.V. Barry Library contains the most extensive collection of criminologi- cal materials in the country. The collection is accessible through a computerised data base (CINCH) which is linked in turn to the Austra- lian National Library’s computer services. The Institute maintains a close relationship with the national media in Australia through its Public Affairs Officer. Institute staff are in constant demand for comments by the media on criminological issues. A recent monitoring of Institute media contacts indicated these averaged about two per day for print journalists, and up to eight per day for television and radio journalists. 67 Duncan Chappell 6. International Collaboration Since the appointment in 1975 of William Clifford, the former head of the United Nations’ Social Defense Section, as the first fulltime Director of the Institute, the AIC has been actively involved in the international criminological arena. In 1988 this involvement was given more formal recognition by the signing of a collaboration arrangement between the Institute and the United Nations’ Vienna based Crime Prevention and Criminal Justice Branch in the Centre for Social Deve- lopment and Humanitarian Affairs. The arrangement has already resul- ted in a significant increase in professional contacts between Institute staff, staff members of the Vienna Branch and staff in other United Nations’ affiliated criminological institutes around the globe. IIl. Future Directions As it approaches its twentieth birthday the AIC appears to have achieved quite widespread and generally favourable recognition within Australia, and further afield, of its various contributions to crime pre- vention and control. These contributions have been made from a posi- tion of stated independence through the structure established for the Institute under its enabling legislation. However, this independence is far from absolute. First, and foremost, the financing of the Institute remains dependent upon federal government largesse. This can readily be reduced, or even terminated, if the Institute fails to meet the needs of its multivarious clientele. The AIC has on several occasions during its brief history received warnings that these needs have not been met adequately. Funding for Institute activities has also been subject to fluctuations from time to time in ways which suggest that those holding the budgetary purse strings monitor quite closely what the Institute does and says. ‘Secondly, much of the work performed by the Institute in its policy advice and guidance role involves consideration of crime and criminal justice issues which are contentious politically. Ideology rather than rationality seems on occasions to guide political decision making about such issues, especially in an era when the so called ’state of law and order’ is a matter of major public concern in Australia. Even though 68 Australian Institute of Criminlogy seeking to be as impartial, objective and neutral as possible when per- forming its policy role the Institute has, therefore, attracted certain criticism for what some regard as its unduly liberal attitudes to crime control and punishment. The future of the AIC as an independent body will depend to a certain degree upon how carefully it threads its way down this tricky political path. Yet overall the AIC seems to have weathered these experiences and maintained its sense of purpose and direction. The prognosis for the future, both nationally and internationally, looks quite encouraging. IV. References 1 Loof, P.R. (1979) Establishment of the Australian Institute of Crimi- nology and the Criminology Research Council. Proposals, Criteria and Negotiations Associated with the Establishment of the Institute and Council. Canberra: Attorney General’s Department. Chappell, D. (1983) Australia. In E. Johnson (Ed.) International Handbook of Contemporary Developments in Criminology. Westport, Connecticut: Greenwood Press. Tuck, M. (1988) Home Office Research and Planning Unit, London. Unpublished Paper. National Uniform Crime Statistics Committee Australia, (1989). Measuring Crime, Canberra: Australian Police Ministers Council. Chappell, D., Grabosky, P., Wilson, P., and Mukherjee, S. (1988), Firearms and Violence in Australia. Trends and Issues 10. Wilson, P. and Nugent, S. (1987), Sexually Explicit and Violent Me- dia Matenal: Research and Policy Implications. Trends and Issues 9. Grabosky, P., Scandia, A., Hazelhurst, K., and Wilson, P. (1988) Aboriginal Deaths in Custody. Trends and Issues 12. Grabosky, P.: Efficiency and Effectiveness in Australian Policing. Trends and Issues 16. 69 Duncan Chappell 6. National Committce on Violence (1989), Violence in Australia, Can- berra: Australian Institute of Criminology. 70 Brief Introduction to Chinese Research Institutes of Criminology by Guo Xiang The research institutes of crime in the People’s Republic of China can be divided into the following categories: Government Institutes, University Institutes, Academic Groups and others. They are separately introduced as follows: I. The China Society for Research on Juvenile Delinquency This society was founded in June 1982. It is a nationwide authorita- tive civil academic group in the field of crime research in China. The socicty has 800 members and its headquarters is in Beijing. The board of directors consists of experts, scholars and professors in this field. The society’s main activities are the following: 1) - To hold nationwide or special topic conferences, to extensively discuss the problem of juvenile delinquency and to promote the deve- lopment of criminological research. 2) - To organize experts and scholars to compile and publish academic works, as well as the monthly "Studies of Juvenile Delinquency”, and the "Yearbook on Chinese Juvenile Delinquency Studies". The first volume of the Yearbook was published in 1987 containing about 15 million words. 3) - To form an academic symposium and to unfold international ex- changes. . 4) - To provide government organizations and related social groups with counsel about crime, juvenile delinquency and its prevention. 71 Guo Xiang II. The Research Center of Juvenile Delinquency of the China University of Political Science and Law This center was founded in September 1982 and called the Research Center of Juvenile Delinquency of the Beijing College of Political Sci- ence and Law. In 1983 the China Umniversity of Political Science and Law was set up based on the Beijing College of Political Science and Law, therefore the center’s name was also changed. It is located in Beijing. At present nine research workers are employed in full-time and part-time jobs. Since the beginning Professor Guo Xiang has been the director of this research center. The center’s address 1s: 41 Xue Yuan Road, Beijing, China, Postcode: 100088. The research center’s main tasks are the following: 1) - To compile and publish academic books concerning juvenile delin- quency and the juvenile justice system and other respects. The books published include: "Studies of Gang’s delinquency”, "The overall control of social security in China", "The people’s mediation in China", "An introduction to science and law for juveniles", "The reference material of science of law for juveniles", "A selection of thesisses presented at the first conference on juvenile delinquency in North China", and so on. Publications come up to more than one hundred articles and findings reports. 2) - To participate in compiling the "Yearbook on Chinese juvenile delinquency" and "Studies of juvenile delinquency”, both of which Profes- sor Guo Xian 1s editor in chief. 3) - To participate in the legislation of juvenile delinquency, to provide government organizations and related social groups with counsel about the prevention and control of juvenile delinquency, and to convene the academic meetings of juvenile delinquency studies in North China. 4) - To give courses to the students of the law department on juvenile delinquency and science of law for juveniles. 5) - To develop international exchange and set up material exchange relations with criminal institutes and criminologists of some countries. The research workers do very often attend international academic meet- 1ngs 72 Chinese Research Institutes of Criminology The Research Center of Juvenile Delinquency of the China Universi- ty of Political Science and Law is one of the greatest and most presti- gious professional institutes in China. II1. The Institute for Research on Juvenile Delinquency of the East China School of Political Science and Law This institute was founded in October 1986 and called the Research Section of Juvenile Delinquency of the East China School of- Political Science and Law. It is located in Shanghai and employs eight research workers. Its main tasks are the following: 1) - To compile and publish "Research materials of Juvenile Delinquen- cy', and to participate in writing "Criminology of Juvenile Delinquency”. The institute has published more than one hundred articles and findings reports. 2) - To publish the bimonthly "Problems of Juvenile Delinquency"”. 3) - To participate in the local legislation of juvenile delinquency and to provide government organizations and related social groups with counsel services. 4) - To convene the academic meetings of Juvenile Delinquency Studies in East China and to develop international exchange. 5) - To give courses on juvenile delinquency to the students of the law department. IV. The Research Center of Juvenile Delinquency of the Northwest College of Political Science and Law This center was founded in September 1982. It employs three re- search workers and thirty-two concurrent research workers and is loca- ted in Sian, Shanxa Province. Its main tasks are as follows: 1) - To compile and publish "Research material of Juvenile Delinquen- cy", "A selection of thesisses on Juvenile Delinquency in Northwest China", " Reformation of Juvenile Delinquents", and other books of this kind, as well as a series of academic articles and findings reports. 2) - To convene the academic meetings of Juvenile Delinquency Studies in Northwest China and to provide government organizations and re- lated social groups with counsel services. 3) - To participate in the legislation of juvenile delinquency. 73 Guo Xiang 4) - To investigate the state of juvenile delinquency in the coastal areas and the causes of juvenile delinquency in Xian City. V. The Research Center of Juvenile Delinquency of the Southwest College of Political Science and Law This center was founded in September 1982. It employs fifteen con- current research workers, and not yet special research workers and is located in Chongqing City, Cichuan Province. Its main tasks are the following: 1) - To investigate the problems. of juvenile delinquency and to publish a series of findings reports and articles. 2) - To convene the academic meetings of Juvenile Delinquency Studies in Southwest China. 3) - To give courses on juvenile delinquency to the students of the law department. VI. The Institute for Research on Public Security of the Ministry of Public Security This institute was founded in March 1986 and is located in Beijing,. This institute is led by the Ministry of Public Security of the People’s Republic of China and handles the following tasks: 1) - To study the professional construction of the police. 2) - To study the social public order in China. 3) - To study the trends of crime and the strategies pf prevcnt?on of crime. 4) - To publish "Studies of public security" periodicals. 5) - To develop international exchange. VII. The Institute for Research on crime prevention and Labour .Reform of the Ministry of Justice This institute was founded in September 1984 and is located in Beijing. The institute is led by the Ministry of Justice of the People’s Republic of China. Its main task is making studies on crime prevention and labour reform. It supervises the research section of crime and 74 Chinese Research Institutes of Criminology counter-measure, the research section of policy, law and system in labour reform and labour rehabilitation, the library and editorial section. The institute employs ten special research workers with the following main activities: 1) - To investigate the problems of improving the quality of labour reform and to prevent recidivism, and to convene conferences in this respect. 2) - To publish "Series of crime and reform", "The positive school of criminology" (E. Ferri), "International Corrections" (eds. Robert J. Wicks and H.H.A. Cooper; Mr. Wu Zong Xian is one of the translators), the "White Book of Crime, Japan 1985", and others. 3) - To publish the monthly "Studies of crime and reform". In addition the Jiling Province sets up an Institute of Juvenile Delin- quency. Also the Labour Reform Bureaus of Shan Dong Province, Shanghai and Beijing establish crime institutes. There are fourteen provinces, municipalities and autonomous 'regions founding societies of Juvenile Delinquency Studies on the province level. Beijing University founded the Research Center of Crime Problems in May 1988 which already started working. VIII1. About the authors: Professor Guo Xiang, Director of the Research Center of China Univer- sity of Political Science and Law, Vice-President of the China Society for Research on Juvenile Delinquency, Vice-Director of the Society for Research on Work Study Education of the China Education Society, member of the International Association of Penal Law (AIDP). Address: Research Center of Juvenile Delinquency of China University of Political Science and Law. 41 Xue Yuan Road, Beijing, Postcode 100088. Tel.: 2015577-2310 (office); 486350 (house). Mr. Wu Zong-Xian, Master of Law, Research Fellow and Vice-head of the Legal Psychology Research Institute of Hu Xia Research Institute, lecturer of the Teaching and Research Section of criminal psychology of China University of Political Science and Law, member of the Cor- rectional Education Association. 75 Guo Xiang Address: Teaching and Rescarch Scection of Criminal Psychology of China University of Political Science and Law. 41 Xue Yuan Road, Beying, China, Postcode 100088. Tel.: 2015577-2425 (office). 76 Division of Crime Prevention and Juvenile Studies National Research Institute of Police Science, Japan by Haruo Nishimura I. History After World War II J aban changed into a democratic society. Along with that the criminal laws were reformed under the newly established Japanese Constitution. More than ever before, the police were required to make scientific investigations and to provide better, objective evi- dences based upon the respect for human rights concerning offenders. The occupation forces suggested to the Japanese government to create an organization for investigation like the FBI in the USA. As a result the Scientific Crime Detection Laboratory was born in Tokyo in 1948. In 1959 this laboratory was transformed into the National Research Institute of Police Science. At the same time the Division of Crime Prevention and Juvenile Studies was established. Increasing numbers of Juvenile delinquents made the government to introduce a new central research organization to deal with this problem. Before, there were few researchers specialized in juvenile delinquency and crime at universities and autonomous institutions. And even the establishment of a central research organization did not necessarily stimulate criminological studies in the society. Researchers are still underrepresented in government agencies. II. Organization The Institute is an internal research unit within the National Police Agency. There are about 90 researchers and 20 administrative officials who are all employees of the National Police Agency. The present director is a Doctor of Medicine who moved in from a national univer- T7 Haruo Nishimura sity. The head of the General Affairs Division is one of the highest class of police officials. The Institute consists of 4 research divisions. The First and Second Division of Forensic Science and the Identification Center deal with identification, analysis and research. The Traffic Divi- sion conducts research on traffic problems. The current expenses of the Institute are met by the National Police Agency, but the total sum for expenses of routine work is guaranteed by the Science and Technology Agency, which acts as promoter and coordinator of the state policy on science and technology. The Institute has an Advisory Board of 9 members who are highly honorable scholars. They grant the Institute an academic authority and give general advise to the Institute. The Division of Crime Prevention and Juvenile Studies which carries out criminological research consists of the Juvenile Guidance Section and the Environment Section. The research fields of these two sections sometimes overlap but the first section primarily conducts research on psychological aspects of juvenile delinquency and the method of police handling youthful offenders while the second section’s main field of research focuses on sociological aspects of delinquency and prevention programs in the community. III. Conception Each research division has its own characteristics. Only the Division of Crime Prevention and Juvenile Studies will be described in the fol- lowing pages. This Division engages in a psychological and sociological study on juvénile delinquency, adult crime, and criminal or juvenile justice system. The Division researchers’ main task is to perform criminological .re- search, but they sometimes lecture on juvenile delinquency and crime in the police academy and give advise to local technical officials on how to advance their criminological study. The Division formally does not act as a coordinator between research agencies, nor as an advisory organiza- tion to other local research sections. 78 National Research Institute of Police Science, Japan The research of the Division is divided into 3 categories: (1) research conducted on the Division’s own budget, (2) research carried out on the budget distributed by other government planning bureaus, (3) re- search supported by non-profit funds. The research of (2) and (3) could be performed by research groups including scientists from universities or other institutes. The Division is not allowed to receive the expenses from private companies. All the research conducted by the Division requires the Director’s approval. The Japanese police activity is so wide that the research subjects of the Division range from the survey of organized criminal gangs to the prevention of minor juvenile delinquency. Some research projects are listed below: - An etiological study of juvenile delinquency, especially the role of the family and school and the influence of harmful subcultures; - an analysis of serious, minor or status offences committed by juveniles; - studies on organized criminal gangs; - - a study of victims and victimization; public perception of juvenile delinquency, crime and the criminal Justice system:; a prediction and follow-up study on juvemile delinquency; a socro-ecological study on crime; studies on prevention of juvenile delinquency and crime in the community; studies on youthful recidivists. The research subject is determined by both a researcher’s ability and interest and requests for research by relevant sections of the National Police Agency. The dealing with such requests can to some degree make the research staff understand the process of criminal policy mak- iIng in the police and promote further policy-oriented research. As a result the research has an impact on practice. At the same time the researcher keeps his attention on maintaining the academic level of his research. Two points need to be noted here: (1) the discrepancy between the ministries and agencies in the Japanese bureaucracy prevents the pursuit of a "horizontal" criminological research across the criminal justice 79 Haruo Nishimura system, and (2) there has been no longitudinal-experimental study. In my opinion this is due to a shortage of research funds, the public concern for a possible violation of an individual’s privacy caused by this kind of research and the researcher’s unwillingness to be engaged in a rese- arch project which requires a long period of time before the final data will come out. Criminological data used in research are obtained from various sources. Statistical data are received from the compilation of the Natio- nal Police Agency. If we need students’ responses we will ask some schools to carry out the questionnaire survey. In some cases the Division requests nationwide police stations via the National Police Agency to collect data for a survey which is run by the Division. IV. Cooperation with other institutions and research centers The Division does not compete with other research units since its task is limited to the police-relevant criminological research and because there are few strong research units. The Division is independent and does not usually offer mutual support and cooperation to other research units. However, the Division does form a close but temporal relation with researchers in universities or officials in other government research units when conducting a research project which is subsidized by outside funds and needs their contribution in accomplishing its goal. V. Staff Director: Shoichi Yada, M.D., Forensic Medicine Chair of the Division of Crime Prevention and Juvenile Studies: Mr. Haruo Nishimura, Criminologist. The Division of Crime Prevention and Juvenile Studies employs about 10 sociologists and psychologists (the psychologist is not a clinical psy- chologist, but a survey researcher based upon psychology). The research staff are usually recruited among persons who pass the examination for high class government employees, and occasionally among doctors and staff of universities or other agencies. 80 National Research Institute of Police Science, Japan V1. Publications 1 The reports of the National Research Institute of Police Science comprise three subjournals, one of them is called Research on Pre- vention of Crime and Delinquency edited by the Division. This jour- nal prints articles on criminology written in Japanese. The Annual Formal Report of the National Research Institute of Police Science records organization, budget and activities of each staff member. NRIPS Bulletin. This is a collection of essays, scientific or literary. 81 Research and Training Institute of the Ministry of Justice, Japan by Tsuneko Sato I. Establishment and Organization The Criminological Research Department within the Research and Training Institute of the Ministry of Justice in Japan was established in 1959 as a governmental organization. It is the central and highest level research department. All the staff are governmental officials. They are composed of permanent employees, as well as members of the Public Prosecutor’s Office, the Correction Bureau and the Rehabilitation Bur- cau, who shift every 3 to 4 years. I1. Publication of research activities and crime reports Since its establishment, it has beé:n one of the practices for the Institute to publish the results of its annual research activities with a view to contributing to the planning and formulation of social defense policy in Japan. The publication is entitled "Bulletin of the Criminologic- al Research Department”. The thirty-first issue of the Bulletin has been published lately. Because of rather frequent inquiries from overseas researchers and criminologists regarding research projects completed or in progress at the Department, the Institute has proceeded with publishing a summary of the Bulletin in English from 1964, also in the hope that useful com- ments by overseas would enrich the research activities in Japan. The Bulletin of the criminological Research Department No. 31 (1988) is a bulky and detailed document of over 217 pages covering all the research activities undertaken during the year of 1987 comprising final reports. The Summary in English contains 20 pages. 83 Tsuneko Sato During the year 1988 the research areas focused on were Sentencing Standards, Prison Conditions, Juvenile Delinquents and the Estimate of Recidivism. Also since 1960 the Research and Training Institute of the Ministry of Justice has submitted to the Cabinet an annual White Paper on Crime reporting trends in criminal activities and current concerns in the administration of criminal justice. Each Paper is published, as is a summary, in English, so that government officials, legal professionals, scholars, and interested citizens in Japan and abroad may receive up- to-date information on crime trends and the treatment of offenders in this country. II1. Special issues of crime prevention Although recent crime trends in Japan have shown a desirable stabili- ty in general, some undesirable aspects are observed in detail, to which continuous attention should be paid. The prevailing abuse of stimulant drugs, the increase of organized large-scale fraud offences in which a lot of people have been victimized, the struggles among organized gangsters and the explosions of bombs committed by the political ultra-radicalists, are the examples of undesir- able aspects, although the number of such frauds, struggles and explo- sions was relatively small. In addition to the above, there still exists a sizeable number of criminals who continue to commit offences agaimn and again. Every year some 65% of convicts in the first instance court have previous conviction records, and 60% of newly admitted prisoners have experiences of previous imprisonment. To make matters worse, the percentages of those offenders with previous convictions or imprisonments have been increas- ing in recent years. It has long been an important and difficult problem in criminal justice policy how to deal with these repeat offenders. In the White Paper on Crime of 1978 just 10 years ago, the Research and Training ‘Institute of the Ministry of Justice drew attention to the issue of recidivism-by analyzing its real situation in order to seek for possible 34 Research and Training Institute, Japan countermeasures against it. Since then, however, the situation of recidi- vism has not improved much in general. Again for this year’s White Paper, the Institute analyzed the repeat offenders from various angles and, as the first attempt, analyzed the reality of those most advanced repeat offenders who have more than ten conviction records by using an enormous amount of computerized criminal data. The White Paper is presented in four parts. Part one reviews the recent crime trends in general. Part two delineates the treatment of offenders at the levels of prosecution, adjudication and corrections both custodial and non-custodial. Part three deals with juvenile delinquency. The issues of recidivism are examined in Part four under the title of "Repeat Offenders". IV. Publications Bulletin of the Criminological Research Department 1988. Research and Training Institute, Ministry of Justice, Tokyo, Japan. Summary of the White Paper on Crime 1988. Research and Training Institute, Ministry of Justice, Tokyo, Japan. 85 National Institute of Justice United States of America’ by James K. Stewart I. The evolution of criminological research Two decades ago, there was little or no systematic, objective informa- tion available on crime and criminal justice policies. Over the years, the National Institute of Justice has sponsored research that spurred an evolution of understanding of crime and its impact. Today, we recognize that the costs of crime are far greater, its effects on victims more traumatic, and its corrosion more widely spread throughout our society than we realized two decades ago. Insights provided by research have set in motion a rethinking of how we view crime and criminal offenders. The accretion of such knowledge laid the groundwork for a new direction in research that has in the past 5 years accelerated our mo- mentum. Moving beyond the limits of general surveys and descriptive studies, the National Institute refocused its efforts - away from studying institutions and toward research aimed at informing policy and practice. The value of research can be seen in the emerging policies that are making a difference in our ability to safeguard the public and concen- trate scarce criminal justice resources where they will do the most good. Today, we have the potential to: cut the demand for drugs among criminals through court-supervised drug testing. reduce the chances of repeat violence against victims of spouse assault, and at the same time lower the murder rate. reduce the number of victims through new strategies for deploying This contribution was published in 1989 as preface of the Program Plan of the National Institute of Justice. 87 James K Stewart police and strengthening their link to their communities. cut drug-related robberies and burglaries through police strategies to stop street-level traffickers. offer judges intermediate punishments that avoid the "prison or nothing" choice through use of such alternatives as proportionate fines, house arrest, electronic monitoring, and restitution. marshal resources beyond the criminal justice system - in the private sector and the community - to bolster safety and solve specific crime problems. measure the effects of various policies with far greater precision and understanding of the costs and benefits of policy choices. develop and apply new tools of measurement to address our field of science and to collect far more accurate and realistic data. estimate the cost of not imprisoning high-rate offenders. Research in the seventies confirmed the existence of the career criminal, for example, and documented his specific impact. Following up on this important insight, the Institute supported surveys to gauge the impact of the high-rate offender on crime and on criminal justice opera- tions. From this basic knowledge came the idea of focusing criminal justice resources selectively on career criminals and trying to differen- tiate more clearly between official records and actual crime rates. Today, the concept of the career criminal and the high risk offender is firmly entrenched in criminology and criminal justice - a dramatic rethinking of policy and practice. Now research is examining ways to identify these offenders more accurately, moving toward the recommendation of one recent study that concluded that public safety would clearly benefit from incarcerating a larger proportion of high-risk probationers and prisoners, and for longer periods of time. Research also corroborated the link between drug abuse and crime. We have known for several years that drugs accelerate an individual’s crime rate from four to six times what it is when the offender is rela- tively drug free. Now, we no longer need to watch helplessly as drug- spawned crime vitiates entire neighborhoods. We can do something. Policies, informed by empirical research, can make an enormous differ- ence without great cost or violation pf individual rights. National Institute of Justice, U.S.A. Recent experiments in Washington, D.C., and New York revealed that arrestees using drugs were more likely to be rearrested than those not on drugs. Mandatory, court-supervised drug testing represents a scientific, objective test for distinguishing these high-risk defendants from low-risk defendants. With these data, judges are in a position to decide empirically the appropriate conditions for the pretrial period, including periodica testing. In the area of law enforcement, we have demonstrated various op- tions for deploying forces with greater effectiveness and efficiency. Analysis of police calls in one major city, for example, revealed that in a 1-year period over 50 percent of the repeat calls were from less than 3 percent of the addresses. By getting at the source of these calls, police can intervene to reduce this enormous drain on their resources. Research has demonstrated that proactive problem-oriented policing can be effective in solving problems that would otherwise lead to crime and disorder. The solutions are not restricted to police resources but have a wider application. The problem-solving approach reduced crime in targeted areas through solutions that drew upon a wide variety of public and private resources in Newport News, Virginia, the real-world labora- tory for the test. These and other contributions are the product of the increasingly fruaitful collaboration between practitioner and researcher. It has been gratifying to see the marked increase in the use of research by practi- tioners and policymakers and in the working relationships between researchers and practitioners that only rarely existed a decade or so ago. II. Why policymakers involve in research The use of and involvement in research by policymakers, I believe, emanates from several important developments. First, crime and its consequences are far more important than many realize. The costs of crime and criminal justice to our society have become so great that we can no longer afford not to measure effective- ness and assess consequences. Fiscal limitations force tradeoffs that demand a better understanding of the benefits and costs of various 89 James K Stewart approaches. This crisis has created an opportunity for policy-oriented research to help agencies work smarter, not harder. Practitioners have recognized the need for solid, objective information, and researchers have employed their skills to respond to that need. Second, we have moved far in creating a favorable climate for colla- boration, building understanding and respect between those who design and conduct research and those who set and carry out crime control policies. The National Institute of Justice maintains a continuing dialog with criminal justice practitioners and policymakers to ensure that re- search is attuned to the challenges they face and that the new informa- tion we gain is disseminated in the most accessible and useful way. Third, we have reorganized the way the National Institute allocates its resources. In the past, research funds were funneled primarly to the three sectors of the criminal justice field: police, courts, and corrections. Each of these institutions had its own set of problems, and these expen- ditures undoubtedly improved their functioning. But this approach also tended to compartmentalize our thinking and information and to frag- ment our justice system. We have made a fundamental change, as evidenced in this Program Plan, to address the overarching problems that face not only the sepa- rate institutions but criminal justice as a whole: career criminals, drugs, victims, prediction and classification, to name just a few. This problem- oriented approach will help avoid the fragmented response of the past and assess how the policies of each criminal justice institution can contribute its resources to reducing crime - our ultimate objective. Fourth, we have made striking advances in the methods of criminal justice research. In the past, we lacked the measurement tools to dis- close with precision the benefits of changes in policy. Accordingly, much research tended to report no difference or no measurable effectiveness. Now, through experiments and more sophisticated methodologies we can heighten the reliability of research findings and the strength of our policy recommendations. 90 National Institute of Justice, U.S.A. III. The value of experimentation In the 1960’s, field experiments in criminal justice were rare. They increased somewhat in the 1970’s, but it was not until the 1980’s that every area of criminal justice policymaking saw scores of experiments completed and more in progress. This year’s Program Plan reflects the National Institute’s continuing interest in experimentation as a uniquely valuable tool. More than any other type of research, the experiment holds the promise of delivering the hard knowledge we need to tackle fundamental issues and to gener- ate needed change. Ultimately, we need experimentation because it simply is too costly to adopt new policies and new technologies without rigorous testing. Nor can we afford to continue to follow traditional approaches without analysis and testing to see if they are working as we want them to. The unintended consequences of appealing but poorly researched policies can be disastrous. We are not yet at the level of the medical profession where new treatments are always tested before they are introduced for wide-scale use, but substantial progress has been made in harnessing the power of the experiment for criminal justice policymaking. Together, we have shown the credibility of research in helping to understand many dimen- sions of criminal justice policy. One of the most dramatic examples of the value of experimentation and the growing influence of research is the Minneapolis Domestic Violence Experiment. By changing police policy, future violence was reduced by as much as 50 percent. Three years ago, only 10 percent of large urban police departments made arrest the official response to spouse assault. Today, nearly half the departments have instituted this policy, a dramatic shift that was spurred largely through research. Important work 1s also proceeding through prospective longitudinal studies of human development. These longer germ efforts offer the advantage of building a comprehensive knowledge base that will help us 91 James K Stewart understand not only why individuals commit crime but why others in similar circumstances do not, and what factors intervene to cause indivi- duals to drop out of careers in crime. From this effort will come in- sights into more successful ways to enforce good conduct. Finally, one of the chief aims of the National Institute has been the development of a corps of talented research scientists to gather reliable data and solve problems. The sheer brain power now mobilized for research against crime is immensely encouraging, and the National Institute of Justice will continue to nurture this vital source of our progress. IV. Investment into research The National Institute of Justice has guided a modest investment in research that has produced lucrative returns. New strategies to prevent and deter crime and streamline criminal justice operations have paid for themselves in dollars and cents - and, most important, in lives saved and communities rescued from the depredations of crime. The record of accomplishment shows that the field of criminal justice research and development has advanced toward the critical mass capable of sustaining and expanding progress. In facing other threats to our national well being, we have relied upon research to guide our policies and practices. Medical practice today, for example, is reaping the benefits of a continuing and expand- ing Federal investment in health care research. As medical researchers contributed the great advances we have seen in the treatment of disease over the past 50 years, the value of a sustained commitment to research was manifest. Investment in justice research to date has been limited. In fact, the per capita investment in public safety research is 8 cents, compared to the $ 36 allocated for health care research. This is not surprising given the still early stage of development of justice research as a recognized field of scientific endeavor. 92 National Institute of Justice, U.S.A. As we begin the third decade of justice research, however, I believe we have demonstrated our ability to invest the funds entrusted to us wisely and effectively. As we move toward greater reliance on experi- ments, we recognize the need to mobilize resources not only from the Federal Government, but from the private sector, national organizations and private foundations to support this more costly type of research. But if we are to realize the added dimension of usefulness experiments can give us, we need a sustained and expanded commitment of resources. Then, criminal justice research can cross the threshold to major ad- vances that will enable us to fashion new and more effective crime control policies. We are fortunate to have such momentum as we look toward the 21st century and the enormous challenges we face in combating new forms of crime spawned by new technology. In presenting this Program Plan, we look forward once again to your creative ideas and well- thought-out proposals. At a time of heightened public concern, resource constraints and difficult policy choices, we need the continued involve- ment of knowledgeable practitioners and skillful, analytical researchers to produce the best information, so individuals, our economy, and our society as a whole can prosper. Publications by James K. Stewart How the National Criminal Justice Reference Service can help. The Police Chief 50, 10 (October 1983). Analyzing costs: An aid to effective police decisionmaking. FBI Law Enforcement Bulletin 53, 7 (July 1984). Progress on NIJ’s new directions. Corrections Today 46, 4 (8, 1984). Law enforcement in the 21st century. The National Sheriff 36, 5 (Oc- tober/November 1984). National Criminal Justice Reference Service - Bridging the.gap between researchers and practitioners. The National Sheriff 37, 1 (February/ March 1985). 93 James K Stewart National Criminal Justice Reference Service - A resource for officers and agents. FBI Law Enforcement Bulletin 54, 7 (July 1985). The Visiting Fellowship Program: An opportunity to pursue law enforce- ment interests at the National Institute of Justice. With Gil Kerlikowske. The Police Chief 52, 11 (November 1985). Public safety and private police. Public Administration Review 45, speci- al 1ssue on Law and Public Affairs (November 1985). Research and the police administrator: Working smarter, not harder. In William A. Geller ed., Police Leadership in America: Crisis and Oppor- tunity. New York, Praeger; Chicago, American Bar Foundation, 1985. Crime File: A government marketing success story. Government Executi- ve 18, 6 (June 1986). The urban strangler: How crime causes poverty in the inner city. Policy Review 37 (Summer 1986). Felony probation: An ever-increasing risk. Corrections Today 48, 8 (December 1986). Cost-conscious marketing makes for management miracles. Journal of Public Communication 9, 1 (1986). Proof positive of drug link to crime. Wall Street Journal, page opposite editorial, May 28, 1987. Ensuring a drug-free workplace: The police chiefs new responsibility. The Virginia Police Chief. July 1987. Emerging trends in relationships between police and private security. Public Administration Review, special issue on Law and Public Affairs. 1987. 94 IV. Institutions in European Countries Balance of Power and the Organization of Policy Relevant Criminological Research by Patrik Térmudd I. Introduction As a young criminologist I had very strong ideas about the proper way to organize research. It is with some amusement that I now reread papers, which I in the nineteensixties distributed within the Scandinavian Research Council for Criminology, and in which I argued for scientific methods in determining the proper topics for research. Age and experi- ence tend to make most of us more open-minded about such practical issues. Satisfactory results can be achieved in many quite different . fashions. In Scandinavia we have, indeed, tried out a number of different models of organizing criminological research. In a paper, which I pre- sented at the previous ISC-congress five years ago, I drew attention to the fact that Scandinavian criminological research tends to be more similar in form and content than an observer might expect, seeing that some countries favour criminological research produced by the staff of university institutes while other Scandinavian countries have invested in separate government institutes. In this connection I suggested that many of the fears associated with the introduction of government-financed research centers have turned out to‘ be unfounded (Toérnudd 1985). There are of course other important issues in organizing research than the autonomy issue. Since so much controversy surrounds this issue, I will, however, make some additional observations primarily related to this theme. 97 Patrik Térnudd II. The interaction between research and policymaking My main_thesis is tfiis: the relative balance of power between the policy making agencies on one hand and the research agencies involved in policy relevant research on the other hand, determine the way in which research expertise is commissioned and utilized. The better the balance, the better are the prospects for close integration between research and policy making in a way which effectively utilizes research expertise while safeguarding its autonomy. Such an expression as "effectively utilize" is, of course, not value-free. Bypassing the vast issue of what criteria should be used when evaluating scientific research and its relevance for decisionmaking, I shall here just briefly note that such evaluation is useful and necessary. Research resources are limited and should be used economically, taking into account both immediate and very long term benefits. Immediate and middle term benefits of past and planned research can at least in some instances be roughly estimated - not on the basis of formal criteria but on the basis of informed experts’ common sense evaluations. I shall exemplify my thesis on the balance of power with two exam- ples. The first one relates to research on the effect on traffic safety of imposing maximum speed limits. This subject is not a criminological one, taking criminology in its traditional delimitations, but the nature of the problem setting and of the policy issue is similar to typical constella- tions in policy relevant criminological research. In the 1960’s and 1970’s several large research projects on the effect of experimentally reduced road traffic maximum speed limits were carried out in Finland. With one exception the research reports indica- ted that such reductions did, indeed, have sizable results in terms of improved traffic safety. The research work was carried out by a number of temporary task forces recruited primarily from university staff. The work was commissioned by the Ministry responsible for road traffic issues. There was a special agency entrusted with traffic safety issues, but the diversity of its deciding bodies - public opinion was divided and the car owners associations were fiercely opposed to speed limits - made it take a fairly cautious stand on speed limit issues. The ministry offici- 98 National Research Institute of Legal Policy, Finland als found the whole issue difficult and troublesoi:ne. Osmo Lampinen has, in his book in which he analyzes the interaction between research and decisionmaking, shown that the ambivalent results of one single study sufficed to make the ministry shelve the issue (Lampinen 1985, 208-225). When the speed limit issue in the end of the 1970’s became politicized, the massive political support quickly led to the implementa- tion of a speed limit policy. Research knowledge definitely influenced this mobilization. But if the researchers had been in a position to make their voice heard with sufficient strength in the corridors of power at the stage when speed limitation predominantly was an expert’s issue, then the necessary decisions could have been taken many years earlier. My other example illustrates an acute conflict between unorganized public opinion and effectively mobilized criminological expertise. Drun- ken driving, which i1s a perenmal issue in Finland as in many other countries, became a topic of concern in 1984. After a long period of increasing penalties Finland had, in the middle of the 1970’s, adopted a more lenient approach. The growth in absolute crime figures coupled with mass media interest in serious individual offences provided the ground for a very strong and emotional surge of opinion in favor of a substantial increase in the punishment level. The Ministry of Justice appointed a body under the chairmanship of Justice Per Lindholm and which was composed of traffic and crime experts and criminologists. This expert body showed in its report that the increase in registered offences was caused by the intensified control: the average driver’s propensity to commit a drunken driving offence had, as matter of fact, diminished. The report rejected the idea of penalty increases and instead proposed a number of other means of reducing drunken driving (Lind- holm et.al 1985). The report went against the expectations of many traffic ministry officials and politicians and was also a disappointment to those journa- hists, which had campaigned for harsher penalties. But the Ministry of Justice, which was used to rely on its criminological experts in interpret- ing crime trend information, remained loyal to its own expert body and refused to consider any change in the penalty level. This time the expert’s opinion prevailed. Patrik Tornudd One should be careful in generalizing from these examples, both of which have a number of unique features. Nevertheless they may serve as examples of my thesis on the power balance. In the drunken driving example the task of the experts was not limited to the answering of some narrowly defined questions. The man- date was broad. Expert advice influenced the formulation of the man- date and the conclusions of the expert body were effectively published both when the report was presented and when the issue resurged one year later. The National Research Council of Legal Policy published similar interpretations of the crime trend in its annual report on the crime situation. The experts were on their home field in interpreting statistical information, they were - or rather became in the course of the work of the expert body - fairly unanimous and their expertise was effectively mobilized. Most of the research experts were in the perma- nent employ of institutions engaged in policy issues and could draw on the support of these institutions. When the government commissions get research directly from indivi- dual researchers the balance of power between the two parties easily becomes more lopsided. The commissioning agency may be in a position to one-sidedly dictate the research mandate and may, once the research task has been completed, lack interest in the effective dissemination of the results. There are many ways of ensuring a proper balance between the two parties. One solution is to create independent institutions for policy research, which either can undertake the needed research themselves or act as an intermediary when external experts are commissioned. If the resources and institutional guarantees for the autonomy of the research institution are sufficient, then it may be in a position to continuously provide expert advice to the policy makers on both a formal and infor- mal basis. For a number of reasons - among them the disparity of the two parties - such a relationship is not always possible. Then the researcher interested in having his expertise utilized in decisionmaking may find it necessary to use the slower and more indirect route of first trying to 100 Scandinavian Research Council of Criminology influence public opinion. From the point of view of maximizing public participation in decisionmaking this may be a good thing, but carries the drawback that the agenda of public debate usually has room only for a handful of, by necessity, generalized issues II1. Organization The editor of this publication has asked me to add to my paper some 1nformation about the organization of research within the auspices of the Scandinavian Research Council of Criminology. I shall do this attempting to link my observations to the autonomy issue outlined above The Scandinavian Research Council of Criminology was set up in 1962 by the governments of Denmark, Finland, Iceland, Norway and Sweden. The thirteen members of the Council are appointed by the respective Governments, in practice by the Ministries of Justice. Most members are criminologists, but each national delegation is also sup- posed to include a representative of the administration. The Council circulates on the average every third year between the member count- ries. Each time the Council moves it elects a new Chairman and hires new staff for its Secretariat The main activity of the Council was from the beginning the organiz ing of seminars and conferences and the publishing of the series "Scan- dinavian Studies in Criminology". At the end of the 1960s the Council started to use its own funds to sponsor research, first by hiring staff researchers, later by comissioning research on selected topics from individual experts and finally by awarding small research grants to 15- 20 applicants annually. At the present time no special themes are favou- red, although priority is given to projects which touch upon conditions in several member countries. For details on research themes etc. - see the presentation of the Council by Bondeson & Kyvsgaard (1985) Where does the Council fit into the balance model outlined above? If a professional business consultant were to be called in, he might at first glance be tempted to reply that notwithstanding the financial and organizational back ground of the Council it exemplifies the academic model of research policy making - rivalries of national, political or 101 Patrik Térnudd professional origin are important in deciding what research gets support from the council, whereas the priorities and needs of the Ministries are of negligible importance. Since academic research models usually are defended by referring to long term benefits, the issue of proper balance between interests vested in the Research Council must also be analyzed from a broader perspec- tive than the annual awarding of research grants. As was observed at the beginning of this paper, the institutional background does not decisively determine the conceptualisation, metho- dology and general approach of Scandinavian criminological research reports (cf Tornudd 1988). Researchers may move from universities to government research centers and vice versa: the research tends to go on as before. It has been suggested that this partly can be explained by the socialization process associated with the intensive interaction between Scandinavian criminological research communities - much of which linked to the activities of the Scandinavian Research Council of Crimino- logy. Is this then the latent balance-promoting function of the Research Council: to foster development of such professional identity and integrity, which may make it easier for the researcher to later on withstand pressure? Certainly the Council has seen the training function as an important one, as is seen by the present policy of distributing grants to a fairly large number of small projects of varying quality instead of concentrating on a few major projects. IV. References Bondeson, Ulla & Kyvsgaard, Britta: The Scandinavian Research Council of Criminology - Organization and Activities. In Norman Bishop (ed): "Scandinavian Criminal Policy and Criminology 1980 - 1985". SRCC. Copenhagen 1985, 115-120. Lampinen, Osmo: Yhteiskuntaticteellisen tutkimuksen hyddyntadminen poluttis-hallinnollisessa paatoksenteossa (On the utilisation of social science research in political-administrative decisionmaking). 237 pages. 102 Scandinavian Research Council of Criminology Suomen Akatemian julkaisuja 6/1985. Helsinki 1985. Lindholm, Per et al.: Liikennejuopumus (Drunken driving). Tyoryhméan mietintd. Oikeusministerion lainvalmisteluosasto 5/1985. Helsinki 198S5. Toérnudd, Patrik: A more sombre mood. International Annals of Crimi- nology, Vol. 23/1985, pp. 67-80. Tornudd, Patrik: Tendances recentes de la criminologie scandinave. Revue internationale de criminologie et de police technique 2/1988, pp. 165-175. 103 Center for Sociological Research on Law and the Criminal Justice System (C.E.S.D.L.P.), France by Philippe Robert I. The Status of the C.E.S.D.1L.P. The status of the C.E.S.D.I.P. is distinctly different from that of other governmental agencies involved in research on criminal justice, since it is attached to both the French Ministry of Justice and the C.N.R.S. (National Center for Scientific Research). The origins and originality of this two-sided status may be compre- hended through the evolution of research conducted at the Chancellerie (the Ministry of Justice). In the late 1950s, a research center was crea- ted at Vaucresson by what was then the most modern branch of the department, the Education surveillée (juvenile justice system). To be more accurate, a research department was added to what was previously a simple study and training unit. The Vaucresson Center is approximate- ly contemporary with the Home Office Research Unit, but it was much more narrowly specialized at the time; its research dealt with juvenile delinquency, adolescent gangs, prevention, etc.. In 1964, another branch of the Chancellerie, the Correctional Administration, attempted an operation somewhat comparable to the creation of the Cambridge Insti- tute of Criminology: it gave the University of Strasburg scientific respon- sibility for a correctional research center. The transplant was unsuccess- ful, however. The Chancellerie persisted in pursuing its twofold objective, however: it wished to satisfy its own need for knowledge, while partici- pating in the development of the nation’s scientific potential. But having drawn the conclusions of its 1964 failure, it then chose a new partner, the National Center for Scientific Research (C.N.R.S.). In 1969, a third branch of the department, the Directorate of Criminal Prosecu-tion, in turn created a new research center, the S.E.P.C., or Center for Penal 105 Philippe Robert and Criminological Studies, which was affiliated with the C.N.R.S. in 1976. This time, the cooperation was satisfactory enough for the formula to be extended. In 1983, all of the Chancellerie research resources were grouped in two units: the C.E.S.D.I.P., or Center for Sociological Rese- arch on Law and the Criminal Justice System, for criminal justice as- pects, and the C.R.LV, or Vaucresson Center for Interdisciplinary Research for juveniles, the family and sociology of civil procedure. Both centers are simultaneously attached to the Ministry and the C.N.R.S,, and the latter i1s now in charge of their scientific personnel. Henceforth, each branch of the administration annually reports its needs for scientific investigations to a research council composed essenti- ally of the heads of these branches and of the research centers. Joint scientific and administrative working groups examine the best way to respond to these requests, particularly when they call for new research initiatives. In that case, the heads of the C.E.S.D.I.P. and of the CR.I.V. indicate whether or not their services are able to handle them, given the fields of competence of researchers in their respective centers, the coherence of their scientific programs and their work load. In the negative, the Chancellerie Research Council invites tenders for a con- tractual agreement with outside institutions (universities, C.N.R.S., or even private agencies), and names a jury to review the candidates. When completed, each research project receives scientific evaluation. The Research Council is also in charge of keeping all branc;hes of the administration informed of findings. With this background in mind, let us return to the CE.S.D.I.P. II. Staff and Organization The Center employs some thirty-odd full-time workers, including about twenty in a research capacity and another ten for administrative work (secretarial tasks, management, information). About twelve others work part-time. They include associate researchers, post-graduate stu- dents writing their thesis and part-time researchers. Each week, one morning is normally devoted to a collective discussion of policy or management issues, or of some current research project. 106 C.ES.D.IP., France The C.E.S.D.LP. information service possesses 4 800 books and 150 periodicals. As a partner of the C.N.R.S. Social Sciences Information Center (C.D.S.H.), it contributes to the FRANCIS data base for the sociology of crime and deviance as well as for the sociology of criminal law. In the future, it will also be a part of the ICPIN information network piloted by W.0.D.C., for which it will furnish data in French. Exchange agreements have been reached with similar information servi- ces, essentially in Western Europe and North America. In accordance with the structure prevailing in the C.N.R.S., the C.E.S.D.L.P. is supervised by a four-party board of directors (representa- tives of the Chancellerie, the C.N.R.S., the scientific community and researchers at the Center). Furthermore, its work is evaluated every two years by the appropriate committees (sociology, legal sciences) of the National Committee for Scientific Research. Every year its activities report is presented to the Research Council of the Ministry of Justice as well. Its financing comes from four sources: - the Ministry of Justice (building facilities, mail, telephone, office supplies, administrative staff); national budget funds for research and development (operating expen- ses); C.N.R.S. (scientific personnel, operating expenses); certain research contracts. I11. Conception Ever since its creation in 1969 as the S.E.P.C., or Center for Penal and Criminological Studies, as it was then called, the Center has con- stantly devoted itself to the simultaneous investigation of two high-priori- ty issues: - How does contemporary society view its criminal justice system, crime, criminals and the law? What are the attitudes, expectations, aspirations and priorities developed by different social groups with respect to these? How does the criminal justice process function, as a whole and in cach of its constitutive institutional parts? With time its field of investigation has been progressively expanded. 107 Philippe Robert The study of representations has been broadened to include fear of crime. At the same time, the study of the criminal justice process, initially viewed solely through its judiciary institutions, now also includes prisons, the police, private security forces, administrations in charge of specialized litigations (taxes, labour laws, C.O.B. - French equivalent of the S.E.C. -, etc.), and last, individual and collective victims. The diffe- rent professional or occasional participants in the criminal justice pro- cess are thus studied. In recent years, the C.ES.D.I.P. has also begun a study of the process by which criminal law is elaborated and modified. In addition, the center has gradually developed an interprofessional approach, both within its own structure and through collaboration with other French and foreign research units. Sociological analysis has thus been combined with approaches involving economics, demographic studies, political science and history. IV. Research Activities Present research conducted by the C.E.S.D.I.LP. may be summarized as follows: 1) One group is concerned with attitudes within French society, fear of crime and victimization. Findings obtained during the 1970s had shed some light on the social representations of the criminal justice system, crime, criminals and criminal law. Ten years later, a survey covering a national sample of some 2 000 individuals provided information on the extent to which French attitudes and expectations had remained unchan- ged or, on the contrary, had been modified in the interval. It also dealt with fear of crime. At the same time, a survey of a national sample of 11 000 individu- als, followed by another more specific study of approximately one thou- sand individuals, made it possible - for the first time in France - to study the reactions of people claiming to have been victims of an of- fense. The C.E.S.D.I.P. also participates in an international consortium for victimization surveys. 108 C.ES.D.ILP. France 2) A second research team deals with police matters. A survey conducted in Paris resulted in the first sociological investigation of criminal investigation work by the police. Another project analyzes the origins and development of France’s model for its police force. A series of surveys is now being conducted on the extension of private security forces, already investigated within two research projects conducted in the late 1970s. 3) Much research has been done on criminal justice as such. It includes many studies of dismissals, psychiatric expert reports, juries in courts of assizes, the different circuits for treating criminal justice cases and how business crime is treated, as well as of the relations between the criminal justice system and a number of specialized administrations (labour law 1inspectorate, internal revenue, securities and exchange commission, national health service, environment and consumer protec- tion, prevention) and justice as a resort in collective labour conflicts. Another task was the reconstitution of criminal justice statistics for the 1825-1980 period. 4) Studies of corrections have taken the form of a series of projects applying demographic analysis techniques to prison populations. Most of these investigations have concentrated on the analysis of "cohorts" of people entering and leaving prisons, the length of imprisonment, multiple offenders and the "erosion" of punishment, forecasting of the evolution of prison populations and last, on the population groups sentenced to work in community service. Further, prison statistics since 1852 have been reconstituted. The influence of economic crises, and more specific- ally of unemployment on the frequency of imprisonment has also been measured through the application of statistical testing to economic and criminal justice data covering long periods of time. Studies of archives and interviews of former officials contribute to the analysis of changes affecting the correctional administration and its personnel since the end of World War II. Other research deals with prison guards’ attitudes, the role of the "canteen" in the management of prisons and last, on the use of solitary confinement. 109 Philippe Robert 5) Some research is also devoted to the analysis of how criminal law is elaborated and modified. This includes studies of the laws on pretrial detention, sale and use of drugs, etc.. Some projects cannot be classed in any of these five categories. They include work on numbers of foreigners within the different penal statis- tics, or on the "cost of crime". V. Publications and Information Services Over a period of nearly twenty years, more than one hundred (106) research reports have been published in two offset-print series ("De- viance et controle social" and "Etudes et données pénales"), now comple- ted by a quarterly bulletin (Questions pénales), with a readership of over 2 000. A number of strategies are used to publicize the content and interest of research; they are adjusted to specific target groups. The first, most classical case is that of the French and foreign scien- tific community. It is informed through the publication of scholarly works (27), participation in collections of papers (53), the publication of articles (198) in both French and foreign specialized periodicals, communications delivered at conferences (115), teaching at a number of universities and last, supervision of theses. It should be noted, however, that the Center chose to participate in the creation of a specialized international periodical, Deviance et So- ciété, rather than to publish one of its own. Practitioners and the administration are mostly reached through participation in committees and expert report groups working with the administration on such questions as criminal statistics, planning, criminal policy, penal law-making, etc. Further activities include participation in training and refresher courses for specialized workers, explanatory ses- sions on research findings, organized for judges and other professionals, as well as regular meetings with officials in charge of the different branches of the Chancellerie. 110 C.ES.D.LP., France The general public i1s informed through announcements or press conferences (organized by the C.N.R.S. press service) or by interviews in the media. These different strategies require a great deal of time and money. Nonetheless, we are firmly convinced of their necessity, if information is to circulate beyond the closed circle of specialists - be they scientists or practitioners - and to contribute to present-day pressing public debate on policies regarding criminal justice. 111 The Research Activity of the National Institute of Criminology and Criminalistics in Hungary by Jézsef Godony I. Introduction The National Institute of Criminalistics - since 1971 the name inclu- des the word criminology as well - was set up by resolution No. 2000/ 1960 of the Hungarian Revolutionary Worker’s and Peasant’s Govern- ment dated of January 1960, and it has been operating ever since under the control of the Procurator General. The establishment of the Institute represented a significant step in the development of criminal sciences, in particular of criminalistics and criminology. At the time of creating the Institute, new attitudes to the role and significance of criminal science were in formation. The Institute has always been trying to satisfy the requirements of crime prevention since its establishment. It has been representing the view according to which there exists socialist criminology, an independent branch of sci- ence, with the task to study the significance of crime under the conditi- ons of socialist development, to discover its regularities and to work out methods fit to decrease and prevent crime. It is in connection with the realization that we may perform our tasks successfully if we take the conditions of socialism as the point of departure of our research pro- grams. It means we do not study crime in general but with due consi- deration to the given phase of social development under the Hungarian conditions in the particular phase and we have to explore the possibili- ties available for the decrease and prevention of crime. This approach means we have refused to accept the views appearing in certain coun- tries which deny the difference among socialist countries and the exis- tence of traits originating from the national characteristics of these countries. 113 Jozsef Gé6dony II. The areas of research In the programs for criminological research, prominent place is given to crime against property which is of decisive importance for the forma- tion of the crime situation. In that context, three main characteristic lines of study have been developed during the last 25 years: projects with the participation of the organs of crime control and of the admini- stration of criminal justice, joint projects with various ministries, particu- larly with those responsible for different branches of the economy and, finally, programs conducted in the framework of the Institute. Crime of wviolence always has occupied a significant place in our research programs. Within that area, crimes against human life have had priority. In addition to the various forms of homicide, a broad range of research programs has been dedicated to violent sexual crime and sexual crime in general, further on to hooliganism, body injury, robbery and offences against officials. Crime of negligence has been given a place in our programs as well. Practically all types of crime by negligence have been studied - such as work accidents, household accidents, fire, hunting accidents, homicide by negligence, causing body injury by negligence, damaging property, negligent management, etc. We have studied the general characteristics of crime by negligence, its regularities, structure and dynamism, the possibilities for its prevention. The Institute has been dedicating special efforts to the study of traffic crime belonging to the realm of crime by negligence. In addition to the most important special areas of traffic crime, our studies em- braced this category of offence as a whole. The performed studies have laid the foundations of traffic criminology. In addition to the mentioned main categories of criminal offence, the research projects extended to practically every type of crime. Accor- dingly, from the perspective of the various offences crime as a whole has been studied in the course of the almost three decades long history of the Institute. 114 National Institute of Criminology and Criminalistics, Hungary Apart from the study of the phenomena of crime, from the aspects of the offences, from the very beginning, a prominent role was given to the study of the perpetrator’s side, for this reason a broad range of studies has been dedicated to the various categories of the offenders. Among those, juvenile crime has to be mentioned first. The studies of that category have extended also to the age group of young adults, 18 - 24 years of age, and also to the phenomenon called "child’s crime", since the essence of the problems is identical in all the three categories. Recidivism 1s one of the fundamental problems of criminology. Fér this reason, the study of crime by recidivists, the exploration of the causes leading to recidivism, the study of the effectiveness of punish- ment applied to that category of offenders, the examination of the con- ditions of prevention and the various measures taken on the basis of all those, may influence the crime situation, its structure and nature or quality. Women’s crime is part of general crime and it attracts increasing attention. For that reason, the Institute, among the first even in interna- tional comparison, conducted a large scale research program on that field, which included several phases. Criminal psychological studies as well occupied an important segment in our programs, partly as independent projects, partly as elements of other individual studies. Special mention must be made of the personali- ty studies among the perpetrators of homicide and rape, among traffic offenders, juvenile and young adult offenders, further-on among recidi- vists and female offenders. The study of the problem of aggression, and the experiments in connection with that, are not less remarkable. These studies and their findings have contributed to laying the foundations of Hungarian criminal psychology and to the development of that branch of science. In our studies, international comparative research programs have also been given a significant place. In this framework in order to ex- plore the general crime situation, the extent and structure of crime and the developing trends, we have analysed the criminal statistical data of 20 countries in detaill and the same of a number of countries to the 115 Jozsef G6dény extent allowed by the availability of the relevant data. In addition we have made international comparisons in connection with the various studied topics. Among such topics, "child’s crime", women’s crime, crime against human life, property, crime by negligence, corruption and recidi- vism and the relationship between alcoholism and crime may be mentio- ned The wide range of studies conducted during the more than one quarter of a decade period have provided good opportunities for clarify- ing certain theoretical points and for developing theory and also for designing some purely theoretical studies. Within the latter, we studied the causality problems of crime, the various bourgeois and socialist theories and views, the questions of prevention, criminal policy, progno- stication, genetics, deviancy, social learning process and aggression, victimology, the effects of alcoholism on crime, the problems of impri- sonment, the social, economic, political, moral consequences of crime, the questions of crime by negligence, the geographical characteristics of crime and some other issues of theory. The survey of the various main criminological research projects could not be complete without making special mention of our activity displayed in the implementation of the national project entitled "The complex study of the disturbances of social adaptation” which was initiated by the Science Policy Commission of the Government. The program was launched in 1980 with the aim of studying the various forms of social deviancy, - alcoholism, suicide, crime, mental disturbances of non-organic origin, juvenile adaptation problems, etc. Within the whole project, the Institute is the research basis and coordinator of the subtopic entitled "Crime". The project has the task to work out alternative proposals and create sound scientific basis for governmental decisions which would promote the elaboration measures to be taken to limit and eliminate Cf:rtain social deviancies and would contr{butq to their increased effecti- vity This time we merely mention the studies in criminalistics that are being conducted in the Institute; these programs extend to the various fields of criminal tactics, methodology and techniques. 116 National Institute of Criminology and Criminalistics, Hungary III. Making use of the studies The results of our studies have been made use of mostly in the form of proposals. During the period of the operation of the Institute, more than one hundred proposals, supported by detailed explanations, have been submitted to the proper authorities, with an aim of contributing to the elaboration of measures to be taken for the prevention of crime and for having a complex system of such measures; for regulating cer- tain issues of criminal law, criminal procedural law, of investigating methods and techniques, of the implementation of punishment; for the introduction of new legal institutions; for the transformation of the system of criminal statistics; in general; for working out more effective forms and means for crime control. Another circumstance rendering the use of the experience gained by the studies possible 1s that we could participate in the work of codifica- tion and law reform during the past period and could make our propo- sals directly and could rely on the findings of our research programs when discussing the possible ways of setting up legal institutions or adopting certain means of law. As far as making indirect use of our achievements is concerned, the publication of our findings and reports in the "Tajékoztaté" (Reporter) of the Institute has proved to be particularly useful. During the last 30 years, the Institute issued 25 T4jékoztatd, 14 separate criminological publications, and 3 collections of bibliography. The most important publications are the monographs. By now, 12 volumes have been published - one also in English and in Russian. In addition, 12 handbooks have been published. The scientific workers of the Institute are the co-authors of a num- ber of books - some of them have been published abroad - and have also participated in writing university textbooks. The series of studies entitled "Kriminologiai és kriminalisztikai tanulmanyok” is published yearly and up to now 24 volumes have been issued. In addition to the mentioned publications, the scientific workers of the institute have published more than 600 studies and articles in Hungarian periodicals 117 Jozsef Godony and volumes of study, 55 of their studies appeared in foreign periodi- cals. IV. Domestic and international relations Since its foundation, the Institute has been working on establishing good relations with Hungarian organs, institutes and institutions engaged in scientific activity or practical work in the fields relevant for the Institute. Naturally, it is the organization of the office of the Procurator General and the organs represented in the Scientific Council of the Institute that the closest connections have been formed with. These organs are assisting the work of the institute, moreover, they are the main users of the results of the scientific work done there. During the almost 3 decades of its existence, the Institute has gradu- ally built up extensive international relations with the institutes, universi- ties and researchers of socialist and other countries. We are member of several international scientific societies and we maintain close connec- tions to various organs of the UNO. The Institute employs 24 scientific workers - 15 of them are crimino- logists - and an admuinistrative staff of 16. Its budget for 1988 was 14.8 million Hfl, approximately 295.000 US §. Y. Publications List of main publications and books written by scientists in the National Institute of Criminology and Criminalistics Dr. Székely, Janos: Szakértok az igazsagszolgiltatisban (Experts in jurisdictional system), Bp. KJK, 1967. Dr. Godony, Jézsef: Bizonyit4s a nyomoz4sban (Evidence in the investi- gation), Bp. KJK, 1968. Dr. Molnér, J6zsef: Galeribiindzés (Antisocial groups), Bp. KIK, 1971. 118 National Institute of Criminology and Criminalistics, Hungary Dr. Vass, Kdlman: Kézirasvizsgalat (The examination of Handwriting), Bp. KIK, 1973. Dr. Godony, Jozsef: A tarsadalmi-gazdasagi fejlodés és a biin6zés (So- cio-economic evolution and delinquency), Bp. KJK, 1976. Dr. Vermes, Miklos: A kriminologia alapkérdései (The fundamental questions of criminology), Bp. Akadémai1 K., 1978. Dr. Rézsa, Janos: Szexudlis biindzés (Sexual criminality), Bp. KJK, 1977. Dr. Pusztai, Laszl6: Szemle a biintet6eljarasban (Inspection in the crimi- nal procedure), Bp. KJK, 1977. Dr. Raskd, Gabriella: No1 biinozés (The female criminality), Bp. KJK| 1978. Dr. Irk, Ferenc: Kozuti balesetek (Road accidents), Bp. KJIK, 1979. Dr. Bakéczi, Antal: Emberolés (Homicide), Bp. KJIK, 1984. Dr. Irk, Ferenc: Uzemi balesetek (Industrial accidents), Bp. Népszava, 1985. Dr. Irk, Ferenc: Nem iizemi balesetek (Non industrial accidents), Bp. Népszava, 1985 Dr. Krénitz, Mariann: Korrupcié (Corruption), Bp. KJK, 1988. 119 The first fifteen years of the Research and Documentation Centre of the Ministry of Justice, Netherlands by JJ.M. van Dijk I. Background The Ministry of Justice of the Netherlands deals with the rural police, the public prosecutors, the courts, the prisons and with a wide range of legal issues, concerning both civil and criminal matters. The forerunner of the present Research and Documentation Centre, called the Information and Documentation Centre, was established in the early sixties. Its original functions were the collection and dissemination of criminological information, in particular information about the treat- ment of offenders. The Centre sponsored umiversity-based research on penological topics on a moderate scale. In 1972/1973 the Centre was restructured by its newly appointed director, the former professor in criminology of Groningen University, Prof. W. Buikhuisen. The new, enlarged outfit continued to subcontract empirical research to the uni- versities. Its main task, however, became the execution of in-house, policy oriented research projects. The rather unusual decision of the Ministry to establish an in-house research centre was prompted by a concurrence of circumstances. First, it was felt by the management of the Ministry that the rising problems of crime needed to be tackled by innovative strategies which went beyond the traditional ways of admini- stering criminal law. It was felt that social research might be helpful in the development of such policies. It was also believed that the existing criminological research centres at the universities were unlikely to satisfy this newly felt demand for policy oriented research. Some of these centres specialized in theory formation (Nijmegen), others propagated the abolition of the criminal justice system (Rotterdam, Free University 121 JJ.M. van Dijk of Amsterdam). The establishment of an in-house research centre, as suggested by Buikhuisen, would guarantee a sufficient measure of control over the research programme and would at the same time facilitate the dissemination of research findings amongst the civil service, public prosecutors and higher police officers (Buikhuisen, 1976). In its new quality of an in-house research centre, the centre was made up of two research units - one specializing in criminology and police science and the other in penological subjects - a unit for the sponsoring of external research and a documentation department. In its first years, the centre was comprised of 14 research officers, many of whom were recruited from the other criminological research centres. The existing information bulletin which offered an overview of relevant literature was transformed into a journal on policy oriented research in the area of crime and justice. Since its foundation the centre has been reorganized several times in order to meet new demands. So far, the centre seems to have gone through three distinct stages which correspond roughly to the "reign" of three different directors. Each of these stages will be discussed below. II. Policy-oriented survey research (1972-1977) During its first years the centre was seeking to achieve credibility with each the ministry, the press and academic community. It embarked upon an extensive series of survey-type research projects in order to build up a body of empirical knowledge about crime and justice in the Netherlands. Probably the project which is most characteristic for this period is the annual victimization survey, introduced in 1974 (Van Dijk and Steinmetz, 1984). Other major studies dealt with the seriousness scaling of crimes by the public, the police and public prosecutors, crime reporting by the press and fear of crime (Van Dijk, 1978), as well as special victimization surveys among retailers and pub-owners. The centre also conducted large-scale time spending studies among probation offi- cers and the uniformed police (Junger-Tas, 1978) and descriptive studies of prosecution and sentencing decisions. In most instands these studies were initiated with the objective to guide the development of new policies in a particular field, for example the programming of basic 122 Research and Documentation Centre, Netherlands police training or the introduction of prosecution guidelines. Some of the studies attracted a wave of mass media coverage which helped the centre to become well known. The impact of these first empirical studies upon decision-making was found to be relatively small, however, conside- ring the investments. After some discussion it was decided that the ministry would probably benefit more from the centre if the admini- strative rank of the senior researchers would be upgraded. In other words, the decision was made to invest more in the quality of the scientific staff than 1s usual for an in-house research centre of a mini- stry II1. Evaluation and consulting (1977-1983) In 1977 the ministry appointed four senior staff members at the centre who were to act as liaisons between specialized research units and the four main divisions of the ministry (legislation, police, courts, prisons/probation). These socalled "counselors" - an honorary title tradi- tionally reserved at the ministry for senior drafters of legislation were given the dual tasks of supervising one of the four research units and acting as policy consultants of a particular division at the other. The size of the centre was fixed at 40 of which 25 were to be researchers. Since 1977 a formal research programme is prepared biannually by the resecarch units, after consultation with the directorates. The programme is formally approved by the Minister of Justice. In practice, the choice of research topics has never been a source of disputes between the researchers and relevant administrators. For each major research project, a steering committee is established with representatives of all concerned directorates and/or external interest groups. The director of the centre, however, is fully and exclusively responsible for the research design and the contents of the final report. Draft reports are not presented for approval to any official outside the centre. Around the time when this reorganization took place, Buikhuisen left the centre to become professor of criminology of Leyden University and was succeeded by Dr. D. Steenhuis. In the Steenhuis period bet- ween 1977 and 1983, the practice of conducting large-scale surveys was continued. New studies of this type dealt with time-spending by solici- tors/barristers and judges, and with the payment of alimony by ex-spou- 123 JJM. van Dijk ses. Besides these descriptive studies, the four research units started with a series of research projects which were meant to evaluate particu- lar policies of the ministries’ directorates. Examples are studies on the effectiveness of prosecution guidelines for drunken driving, early-aid programmes for arrested persons, special units for addicted detainees, strike forces of criminal investigation departments, and the aftercare for police officers who serve in anti-riot squads. The appointment of four counselors at the centre who act as brokers between research units and administrators and the ensuing emphasis upon studies evaluating special policies seem to have paid off: the impact of RDC-studies and general social research findings on the development of government policy, was greatly enhanced. Both among researchers and administrators there was some disillusionment, however, with the findings of some of the evaluation studies. Several of the programmes evaluated were found to be rather unsuccessful considering their primary objectives. At the same time, some of the counselors and other senior researchers became recognized experts on certain subjects. These two factors led the RDC to become closely involved in the design of new policies, rather than only in their evaluation at a later stage. IV. Task forces and the evaluation of policy experiments (1983 - 1988) In 1983 Dr. Steenhuis left the RDC to become deputy prosecutor general and was succeeded by the present author. In the following years it became standard practice for the Minister to invite senior researchers of the RDC to take part in task forces or departmental policy commit- tees. RDC staff served, for instance, on committees dealing with the planning of new prisons, the redistribution of police manpower, the preparation of guidelines for the use of pre-trial detention and a wide range of legislation issues such as company fraud, payment of alimony, computer fraud and community service orders. In many cases such task forces took the initiative to launch a policy experiment to be evaluated by the RDC before final recommendations were made. An example are the experiments with community service orders. The single most important activity of the RDC in these years was its contribution to the report of a committee which was asked to advise 124 Research and Documentation Centre, Netherlands the government about its policies concerning frequently occurring crimes like vandalism, theft and burglary (The Roethof Committee). This com- mittee recommended the introduction of an extensive programme of social crime prevention measures to be implemented by other ministries and local authorities. Partly as a follow-up to this report, the Minister of Justice presented a white paper to Parliament, called Society and Crime, which announced a range of new policy initiatives for the period 1985 to 1990 (Ministry of Justice, 1985). The RDC played a key role in the drafting of this paper, which clearly bears the mark of previous RDC publications. Much emphasis is put on social crime prevention policies, based on social control and opportunity theories, on victim policies and on community service orders. A special budget was created for the sponsoring of local authority crime prevention projects of approximately 6 million ECU’s per year. Of this budget 10 percent was earmarked for the execution of evalua- tion studies of these new policies. This additional budget enabled the RDC to form a special team of consultants and evaluators, specializing in social crime prevention (Van Dijk and Junger-Tas, 1987). The centre also launched a new journal on crime prevention which is currently distributed among 18 000 school teachers, youth workers, police officers and other relevant professions. Other developments were the integration of the small research group on policing of the Ministry of the Interior into the centre, and an extension of international contacts. Two volumes with articles in English about research, on the juvenile justice system and the prisons system, have been i1ssued in the centres’ series "Dutch Studies on Crime and Justice" (Brand-Koolen, 1987; Junger-Tas and Block, 1988). In 1988 the centre took the inmtiative to establish the International Crime Preven- tion Information Network. Major documentation centres from fifteen different countries have agreed to exchange references to new publica- tions through a multilingual datafile programme for use on personal computers. The centre also coordinated the preparation and execution of an international victimization survey through computer-aided telepho- ne interviewing in 15 different countries in the beginning of 1989 (Van Dijk, Killias and Mayhew, 1989. 125 JJ.M. van Dijk V. Present situation and prospects In 1989 the RDC comprises a staff of 41 persons on a permanent basis and another 30 on two-year contracts. The centre has a budget for in-house research of around 1 million ECU - largely spent on personnel on contracts - and a budget for external research of 0,5 million ECU. The latest development is the establishment of a special bureau for statistical information and policy analysis at the centre. The Bureau’s mission is the storage, linkage and analysis of computerized datafiles on crime, criminal justice as well as civil justice. The establish- ment of this bureau is predicated upon the assumption that in the coming years a wealth of computerized data will become available for integrated policy analyses, through the linkage of files. It 1s hard to predict the future developments in and around the centre. Within the Ministry the communication between RDC staff and policy makers 1s further facilitated by the presence of a large number of former RDC-people in senior positions within the directorates. The present head of the directorate for probation/child protection, Dr. Maria Brand-Koolen, was recruited from the RDC. The head of the newly established directorate for crime prevention will be the author from April 1989 onwards. A close collaboration between the RDC and these two directorates in particular is to be expected in the coming years. At times there has been some pressure to transform the centre into a formally independent research centre outside the ministry. It is argued by some that such severing of ties with the Ministry would enhance the academic objectivity of the centre. Others favour it as part of the gene- ral trend towards privatisation of state-run services. At present both the Ministry and the RDC staff prefer to continue the present set-up, although conflicts about RDC publications do occasionally occur. There is consensus that on balance an in-house research centre is to be prefer- red over a centre which works independently of the Ministry. The major advantage of in-house research is its greater impact upon the develop- ment of policy. There is growing concern, however, about the rapidly deteriorating conditions for criminological research at the Dutch universi- ties. Initiatives to revitalize university-based criminological research will probably be taken, with support from the Ministry of Justice in the near 126 Research and Documentation Centre, Netherlands future. This initiative aims to restore the balance between in-house policy oriented criminological research and academically oriented studies. V1. Data Protection Under the 1989 Data Protection Act no obligation exists to register data files with personal data which are used for research purposes. The Act lays down the principle that holders of data files can transfer personal data without permission from the persons involved to statistici- ans or researchers, if this does not cause an unreasonably severe intru- sion upon their privacy. This offers ample opportunities for analyses of court files etc. However, according to the code of practice for crimino- logical research, developed by the Dutch Society for Criminological Research in 1983, researchers are not allowed to contact the persons involved for interviewing on the basis of data acquired from such files without their consent. This means that criminologists are not allowed to draw samples of offenders or victims from administrative files. The linkage and analysis by researchers of data which have been collected for other purposes is in principle permitted. VII. Publications Brand-Koolen, M.J.M. Studies on the Dutch Prison System, Dutch Studies on Crime and Justice, Kugler Publications, Amstelveen, 1987. Buikhuisen, W. Research development in the Ministry of Justice. In: Law and Criminal Justice; towards research-minded policy-making, Research and Documentation Centre, Ministry of Justice, The Hague, 1976. Dijk, J.J.M. van. The Extent of Public Information and the Nature of Public Attitudes towards Crime. L‘opinion publique relative a la crimi- nalité et a la justice pénale. Strasbourg, Conseil de I'Europe, 1978. Dijk, J.J.M. van, J. Junger-Tas. Trends in crime prevention in the Ne- therlands. In: T. Hope and M. Shaw (eds.), Communities and Crime Reduction, HMSO, London, 1988. 127 JJ.M. van Dijk Dijk, JJM. van, CH.D. Steinmetz. The burden of crime in Dutch society, 1973-1979. In: R. Block (ed.), Victimization and Fear of Crime: World Perspectives, U.S. Department of Justice, Washington, 1984. Dijk, J.J.M. van, P. Mayhew, M. Killias. Criminal Victimization across the World; preliminary findings of the 1989 international crime survey, Kugler Publications, Amstelveen, 1989. Junger-Tas, J., R. Block. Juvenile Delinquency in the Netherlands, Dutch Studies on Crime and Justice, Kugler Publications, Amstelveen, 1988. Ministry of Justice, Society and Crime, a policy plan for the Nether- lands, The Hague, 1985. 128 The Scientific and Research Activities of the Institute of Crime Problems, Warsaw by Brunon Holyst I. Conception and Research Subjects Because the main aim of the Institute is finding new concepts of effective methods of combating and preventing crime and other social pathology phenomena, its scientific and research activities remain one of the chief fields of activity. The Institute implements its aims according to a one-year’s and a long term plan. Those are in turn carried out by divisions, which have been given various, defined objectives to act upon and a defined research topic. They consist, among others, in research works on the etiology and state of combating the defined crimes, their structure and dynamism with special regard to its most dangerous forms (economic crimes, road and air traffic crimes, criminal offences), the most general issues of social pathology phenomena, (such as alcoholism, family disintegration), main problems concerning crimmnal and criminalistic psychology, selected areas of problems regarding prosecution practises and administration of justice, as well as key problems concerning crime prophylactics and its prevention. In preparing its research plan, the Institute is prompted by the resolutions of a Scientific Council, the practical necessities and personal interests of each member of the research staff. During the fifteen years of its existance, the Institute has carried out about 250 such research works. II. Economic Crime While discussing scientific research in the field of different types of crime offences we cannot omit mentioning the implementation of research conducted on the subject of economic crimes. The activities of the Institute in this particular sphere concerned economic sciences in the strict sense of the word, as well as crimes of an economic character. 129 Brunon Holyst Appreciation of its threat, reached by way of various standards claborated chiefly with the assistance of statistical methods - of this consists the main starting point. The most commonly employed are: the number of apprehended and ascertained criminal offences, the number of offenders, the rate of crime intensification, the subject value of the executed crimes, the value of the damages, etc. The territorial differentiation of crime offences is also a subject of analysis, (the reasons responsible for this differentiation), personal preconditioning as well as cultural and situational. It is interesting to know that in the sphere of situational preconditionings the extent of valid laws in force of varied rank and specific organizational solutions is responsible for the emergence of arrangements in which the professional activity of man is submerged and which motivates and renders easy the perpetration of economic crimes, or hinders the commission of such offences and documentation of such damages, which remains in close tie with the appreciation of the degree of social destructiveness and perniciousness of the offence and the judgement passed. The practised statistical methods aim towards shaping an outlook upon the crime phenomenon, simplifying the same conclusions about the degree of threat made by economic crimes. Conveying these results to social practise necessitates specific circumspection in the interpretation because of subjective factors influencing statistical registration, the imperfections of such methods and the incompleteness of the substance of statistical information. To objectivize appreciation of the crime, long, sometimes lasting even a few years in length, research is being carried out In the analysis of situational preconditions and operational methods of the offenders, descriptive methods are used because we lack a more appropriate scale. Those however, not always allow for observing dynamism in the situational alterings (qualitative alterations). The research works existing on economic crimes determine that most endangered by this kind of crime are the so-called areas of "junction" of different sectors (national, co-operative and private), and to that, practically in all spheres of activity - commercial production and service in the points of junction - collision of material interests are the 130 Institute of Crime Problems, Warsaw strongest. The economic interests of persons representing national and co-operative units render those persons susceptible of aiming for personal gains obtained by illegal methods at the harm of the person’s place of working, whom he represents during financial transactions. Different types of fraud are being practised in the points of junction, such as cheating on weight, measurements and price which again, hits the pocket of the contractor and individual consignee or customer. This type of fraud is most typical in the purchasing of farming products and live stock. All this was favoured by the monopoly of the state for purchasing agricultural products and cattle, the practised norms of classification (according to the category and the species the price varied) as well as to the practised rebate in weight due to the supposed dirt and humdity, etc. The practised methods of settling accounts in qualitative and quantitative purchases made it possible to have unevidenced surpluses, which again later led to placing those products (or animals) on the market and receiving for them undue payment. Similar mechanisms of criminal offences against private ownership have taken place in productions based upon natural raw materials and in processing plants. There, during the phase of processing and production, criminal scheming is accompanied by not keeping to the technological regimes, eg. not keeping to the required parameters during the termic treatment of cotton fibres allows for producing a larger matrically quantity of material, however of a lower qualitative utility because of its high shrinkage. In research engulfing the structure and dynamism of various types of crime, a number of issues concerns persons participating in the phenomenon described as a crime. Great importance is attached on one side to presenting the person responsible for the criminal offence and his particular characteristics, and on the other hand, showing the victim of the crime in the legal, penal, as well as in the victimological aspects. As an example of the latter, we may mention research of which the subject is the problem of the influence of alcohol upon man’s behaviour in complex, situational tasks. In the conducted research, the research material consists of motor car drivers, who were discoverd behind the 131 Brunon Holyst wheel in a state of intoxication. The aim of the studies i1s to find out the reasons, the course and the results of accidents that had occured because of a fault made by a driver under the effect of alcohol. Sociological and psychological methods, diagnosing social factors and mental traits are used in research, which (as results from the study) have influence on accident proneness. Special attention must be brought to the relations between certain mental dimensions and behaviour prior to the accident (the decision to drink alcohol although driving a motor vehicle) and the structure of the driver's behaviour at the actual moment of the accident. II1. Social Problem Groups Problems of a socio-political character consist in the following group of scientific research in the Institute. These feature a whole complex of research concerning the problem of family disorganization, nonconformity of youngsters and children alcoholism, etc. The disorganization of family life is not only a theoretical issue, but also a very serious social problem. It was and still is. To this very day it lays in the intentions of the Institute to get to the core and to analyze the roots of pathological behaviour and next, to uncover new, even more efficient methods of preventing it via prophilactic methods of an educational and penitentiary system. By the above I mean the macro-structural and micro conditionings, the symptoms and social consequences of family disintegration in the formal sense (divorces), as well as 1n its practical meaning. Overindulgence in alcohol and other pathological behaviour of family members are imdicators of the latter situation. The problem under discussion has been a subject of empirical analysis since 1979. The as then begun scientific research consisted in the first in Poland representative criminological and statistical research, analyzing the situation of children threatened by social pathology earlier than their becoming an object of interest for the medical services, the curators, protective courts, and the civil militia. 132 Institute of Crime Problems, Warsaw The main objective of such research - and its practical aim also - was turning attention towards the pathogenic situation of a large number of children in the early stages of their collision with the principles of social life. This leaves us with enough time to minimalize the probability of the children becoming a waif of society, enables them to get a start in life and a chance no worse than the perspectives in life of someone else of their own age, who came from a healthy - shall we call it so - family. The results of our research activitie‘s have met with the approval and decisive positive reaction of the Polish Scientific World, the courts of law, teachers, curators. Research over the consuming of alcohol and alcoholic beverages was carried out in various - economical, social and legal - aspects. During the conducted research over the law of upbringing the society in sobriety and counterfighting alcoholism, the conclusion was reached that the global financial losses resulting from indulging or overindulging in drink consumes nearly 10% of the National Income. During the years 1978 - 1982 the number of people suspected of committing a criminal act under the influence of alcohol had slightly fallen, but then since 1983 an opposite tendency had been observed. It was also noticed that during this period the amount of offences linked with the illegal manufacture of alcohol had also risen. Thus, the research had pointed out certain fallacies and drawbacks in the legal rules applying to the upbringing of society in a state of sobriety and prevention of alcoholism. IV. Women’s criminality In its scientific research, the Institute also includes various issues from the sphere of criminological pathology. The problem of criminality among women is thus examined, so as to explain whether there are any visible differences between the characteristics and scope of offence according to the sex of the offender. The rise in emancipation profession-wise, as well as in social and cultural liberation of women give rise to the fact that women commit the same crimes as men do and their behaviour is no different than the behaviour of their male counterparts in a similar situation. Another example of the research 133 Brunon Holyst taking into consideration the psychological aspect are research works examining the effectiveness of teaching political law to children and teenagers. The mass media are the main source of knowledge. Young people stress the usefulness of being acquainted with the legal system, pointing out at the same time however, that there is a lack in the availability of books popularizing this topic. Lessons in jurisprudence are highly - and mainly positively - rated, but yet only 1/3 of the questioned teenagers had such lessons at school or at the university. V. The public prosecutor’s office In the research concerning the activities of law enforcement agencies the problem of the organization, aims and scope of the public prosecutor’s office plays a leading role. This research aims towards getting a general idea of the efficiency, proficiency and accordance of the undertakings ventured to enforce law and the prevention of crime. In the sphere of our scientific interests all activities concerning the activities of the public prosecutor’s office are important, beginning with the part-taking in legal proceedings and ending on its prophilactic activities. The main fields of interest centered around preparatory proceedings, in particular temporary detention, investigation carried out in an indispensable range, conditional early release, restricted liberty, the reasons for seldom resolving to non-isolatory means of preventive methods, etc. The conducted research can be characterized as having many various aspects of approaching the given subject of analysis. For instance, the accentuated rights and interests of the citizens in the light of laws concerning the structure and scope of activity of the public prosecutor’s office, presented the psychological and social conditionings of the prosecutive actions, as well as the praxeological analysis of the organization of the work of the agency of law enforcement. They also checked the psychological behavioural patterns of the prosecutors. The problem of the organization and scope of activity of the remaining agencies enforcing law have a lesser degree of attention devoted to them. Research carried out over the civil militia forces and the judiciary were of a comparative legal, judicial character and 134 Institute of Crime Problems, Warsaw contained reflections upon the functioning of the system of justice in our country. V1. Effectiveness of Research Results The aim of the Institute is not only to formulate theoretical generalizations, but also reaching certain practical directives which would find outlet in crime prevention (in the wider sense of the term) and addressed to the law enforcing agencies. The results of our empirical studies were later passed on with certain comments to different departments, institutes, agencies. As an example let me mention the effect of the results of our studies comprising the operational methods of the offenders against public property which hastened the procedure of the judicial process in the preparatory proceedings. One has to mention that the diagnosis of the phenomena of family pathology has been considered and taken into practice by the Ministry of Education in the programmes of preventing inability of children of social adaptation and juvenile delinquency, while the governmental Population Commission acted according to our suggestions in the issue of changes rendered necessary in the existing social policy directed at mothers bringing up their children on their own. A lot of the results were reached after long group discussions at home and abroad during symposiums, conferences and congresses. One cannot fail to mention the importance of victimology as far as developing prophylactics is concerned. After all, it also aims towards safeguarding the potential victims of various types of criminal offences. VI1I1. Publications The research results are published in national and foreign journals. It should be mentioned that the Institute leads a very active publishing life. We publish by ourselves or together with other institutions the following unperiodical series: 135 Brunon Holyst "Criminological, Criminalistic and Penitentiary Studies", having a basic importance for combating crime and its prevention (20 volumes have appeared), "Criminality in the world", discussing the problems of criminality and the methods of combating that is used in other countries (15 volumes have left the printing house), and the "Bibliography of the Selected Foreign Criminological, Criminalistic and Penitentiary Publications", including comprehensive bibliographic notes from articles published in periodicals dealing with the problems being subject of the interest of the Institute as well as information on new foreign publications in some internal libraries. Our new journal "EuroCriminology" deserves to be mentioned separately. It offers a forum for the exchange of wviews and experiences among the representatives of criminology and the related disciplines from Western and Eastern Europe. 136 Department of Criminology of the Institute of State and Law at the Polish Academy of Sciences by Zofia Ostrihanska I. The Evolution of the Department of Criminology The Department of Criminology of the Institute of State and Law of the Polish Academy of Sciences is the oldest criminological research centre in the socialist countries. It was organised in the difficult period of the 1950s when criminology was attacked in Poland for ideological reasons as a bourgeois branch of learning that put a false and biassed construction on the causes of crime; crime, it was believed, should disappear spontaneously with the subversion of the capitalist system. The founder of the Department of Criminology was the late Prof. S. Batawia who was able to demonstrate the one-sidedness of that ap- proach (which has long since been abandoned) and the need for empiri- cal research providing information about the actual social reality. His psychiatric educational background, the ideological pressure of those days, as well as the current foreign trends, influenced the shape of Polish criminology of that period. It was predominatly clinical criminolo- gy which focused on empirical research and generally avoided theoretical problems. Anyway, Prof. Batawia believed offenders to be too diversified a population for any theory to explain their behaviour in an adequate manner. What usually constituted the point of departure for the presen- tation of social undercurrent of crime, were individual studies of offen- ders and their fates within a longer space of time. Life histories of the separate offenders were then believed to provide the best material basing on which the origins of common crime could be disclosed. Fur- ther, to make a proper appraisal of their present behaviour and a prognosis possible, also their further fates should be investigated. The method applied in those days was that of case-studies, with a great 137 Zofia Ostrihanska number of particulars concerning each person under examination gathe- red from records, interviews, psychological tests and medical examination and then confronted with one another. Thus conceived studies were carried out by a multi-branch team of sociologists, lawyers, psychologists and physicians. At the same time, there was from the very beginning another re- search trend as well: regular analyses were carried out of the court and police statistics (the data from which were available and published in Poland). Basing on those analyses, extent and trends of crime and its macro-social conditions were appraised. Beginning from late 1970s, the range of the Department’s research work changed, with theoretical problems included to a broader extent than before. Studies were worked out which concerned the biological theories explaining crime, the social control theory, the theory of differ- entiated associations, general prevention. With time, also the number of broad clinical studies was limited, and less broadly conceived projects were carried out instead, aimed at answering precise questions or verify- ing precise hypotheses. Etiological problems gave way to examination of the functioning of various legal acts and the efficiency of measures applied towards offenders. II. Research Projects I will now present a brief summary of the Department’s major rese- arch projects. Studies of social maladjustment in children and of juvenile delinquen- cy were numerous. They revealed the role of negative family back- grounds in children’s disturbed socialisation, and the role of school maladjustment in the origin of social maladjustment in young persons. Studies of various groups of recidivists (adolescent, young, and adult multiple recidivists) pointed to the heterogeneity of that group of offen- ders; many of them are socially maladjusted since early childhood, have excessive drinking habits to the point of being alcoholics, and constitute a burden for society: yet only seldom do they commit dangerous and 138 Institute of Staté and Law at the Polish Academy of Sciences very serious offences. Thus the obligatory severe aggravation of penalties in their cases, provided by the Polish penal code, proves groundless from the point of view of individual prevention._ Excessive drinking, a most serious social problem in Poland, has also been subject of the Department’s research projects. A self report study of a national sample of adults was carried out in order to define the extent of that problem. Also the extent of excessive drinking in various categories of offenders was investigated, as well as the extent of delin- quency of persons frequently detained at the sobering-up station. As found in the above studies, the major negative effects resulting from excessive drinking resolve themselves not to crime but to the numerous and serious disturbances drinking causes in such persons’ everyday life and social contacts. Particular attention was given to the drinking habits of young persons; one study also concerned young adult alcoholics sent to compulsory treatment due to their behaviour when intoxicated. Be- sides, attempts were made to estimate the role of parents’ excessive drinking in their children’s social maladjustment and delinquency. A study of one thousand young men born in the same year who had had cases at court as juveniles at any moment in the past made it possible to define the extent of juvenile delinquency in various regions of Poland, the relationship between delinquency and social maladjust- ment of the examined juveniles, and the proportion of juvenile delin- quents likely to become serious adult offenders later in their hves. From the very birth of the Department of Criminology, it was also engaged in analyzing the extent, dynamics, and macro-social conditions of crime. After World War II, despite the fact that considerable indu- strialization took place in Poland, crime was less serious on the whole than before the War. The differences in the extent of crime i1n the separate regions of Poland resulted rather from the post-war mass migrations than from industrialization and urbanization. If a temporary growth in crime occurred in intensely industrialized regions, a consider- able fall followed once the building of industrial plants was completed. An analysis was also made of the spatial distribution of crime in a big city, i.e. in Warsaw. Due to its complete devastation during the war and the subsequent scheduled reconstruction and populating, Warsaw is a 139 Zofia Ostrihanska non-typical city; yet its separate districts differ from one another as regards extent of crime which is related to their different socio-economic and cultural features. Investigation of the functioning of legal acts and the effectiveness of measures applied towards offenders provided a number of legislative and preventive conclusions. The studies in question concerned both the measures applied to juveniles and to adults. The institution of discontin- uance of proceedings was examined, resorted to very often in cases of juveniles. The findings pointed to those juveniles’ rather frequent relapse into crime and to the need for a more penetrating examination of their cases by courts. At present, a study is in progress of the functioning of a new Act on treatment of juveniles of 1982. Some aspects of the problem of violence in the family were examined basing on criminal cases for ill-treatment of family members. Victims of such offences are mostly the wives who usually suffer no bodily injury; an offence i1s here the outcome of prolonged conflicts which many of the victims provoked to a large extent. Intervention of the law only aggravated the existing conflicts and frequently led to disintegration of the family. The researchers’ postulates included the limitation of that intervention to the necessary minimum and a broader use of family guidance and mediation. Also the study of cases of failure to pay alimo- ny spoke for abolishment of legal intervention. Persons convicted for that offence differed greatly from one another; there were among them many degenerates, alcoholics and extreme paupers. Nearly a half were sentenced to deprivation of liberty, while such cases should actually be examin;:d by family courts in civil proceedings. The Polish penal code provides for aggravated sanctions towards hooligan offenders. As shown by a relevant study, the definition of the hooligan character of the act embraces a most diversified category of offenders and is difficult in practical use. Such acts are usually commit- ted on impulse and result from their perpetrators’ aggressiveness and alcoholism, as well as early social maladjustment. Such traits need a prolonged preventive treatment; a deterrent in the shape of aggravated penalties seems grossly inadequate. 140 Institute of State and Law at the Polish Academy of Sciences The functioning and effectiveness of protective supervision of recidi- vists and probation applied to juveniles were also studied. Another study concerned the functioning of the Act on treatment of persons evading work and led to the postulate for that Act’s abrogation. At present, a study of cases of burglary is in progress. Apart from the above-mentioned subjects, the studies also concerned, among other things, the problems of prognosis of crime as a mass phenomenon; individual prognosis of recidivism in juvenile delinquents; rural juvenile delinquency; family conditions of young adult offenders’ aggressive attitudes; perpetrators of robbery; murderers; self-mutilations of prisoners. II1. Publications and other criminological centres Various courses were taken to convey the findings to the authorities. This was mostly done through publications (the Department’s own publication "Archiwum Kryminologii" appears regularly since 1960), and through expertises of drafts of legal acts. There is, however, a mutual distrust between research workers and practitioners which makes the practical application of conclusions from studies difficult and creates obstacles 1n research. The Department of Criminology also runs post-graduate studies. For many years, the Department of Criminology of the Polish Acade- my of Sciences was the only criminological centre in Poland. Today, six such centres operate at different universities; there are also three de- partmental institutes. They are engaged in studies of administration of justice; of penitentiary problems; psychological studies (e.g. verification of Eysenck’s theory, examination of offenders’ system of values); self- report studies of the real extent of crime, etc. 141 The National Council for Crime Prevention, Sweden by Marianne Hakansson I. Background Criminality has increased greatly during the postwar period. In the 1960s the idea of a specialized criminal policy agency which could get an overall grip on crime problems arose in several quarters. In 1973 a government commission was set up to investigate the question of a crime prevention council. This resulted in the establishment of the National Council for Crime Prevention (Brottsforebyggande radet; BRA), a separate agency, under the Ministry of Justice on 1st July 1974. Since then the Council has been subjected to two overhauls. One of them, "Development of BRA", was presented in 1982 and the other, "The overhaul of BRA", was presented in 1987-88. The directives of 1st January 1989 require the Council to promote crime prevention measures in different sectors of society and to work for the coordination of measures taken by the national authorities and individuals against crime. The Council had an appropriation of SEK 12.2 million for the 1987/- 88 financial year. I1. Organization Board Director of the Council Research Survey Information Division Division Division 143 Marianne Hakansson Affiliated to the Council are three advisory bodies: a Co-ordination Committee, a Scientific Committee and an Information Committee. III. BRA’s duties include: The National Council for Crime Prevention is to promote crime prevention measures in various sectors of community activity and is to co-ordinate efforts by the community and private individuals to counter- act crime. In its crime prevention activities, the Council is in particular to assist the Government in its task of promoting policy measures and giving them appropriate priority, to work for the co-ordination of measures of research, investigation and information undertaken by national authorities, to support efforts by municipalities, organizations and individuals, to conduct or take part in research and investigation, the results of which can shed light on the causes of crime, to conduct or take part in research and investigation which can supply input documentation on which to base policy measures or which are concerned with evaluating measures taken previously, to follow and analyse the development of crime and to report on the current situation, to issue reports on research, investigation and information projects and also to supply information which may have preventive effects. (This information is supplied not only by means of reports and other publications, e.g. a periodical, APROPA, but also through exhibitions and at seminars and conferences), to take part in the conduct of criminal policy in other respects, through its initiatives and recommendations. The National Council for Crime Prevention also functions as a re- search council and supports criminological research. 144 National Council for Crime Prevention, Sweden IV. Current topics at the Council: Economic Crime - The campaign against economic crime. Part II The prosecutors, - Economic crime in a corporate/organizational perspective, - A socio-economic analysis of economic crime, - Economic crime in certain sectors (restaurant, trade, transport sector, taxi trade, road haulage, cleaning trade, painting trade, vehicle repair trade, building conversion and renovation), Economic crime. Nordic anthology - an NSfk project, Control and activities of the Nordic customs authorities, Which people are convicted of economic crime? Computer crime, data security, Environmental crime, Control and supervision of environmentally hazardous activities. Crimes of Violence - Crime in the urban environment, - Problems of public order and criminal behaviour connected with major public holidays and other festivals, Sexual abuse of children, Measures to reduce crimes of violence, Crime prevention measures in a big city. Crimes against Property - Crimes of misappropriation, - Retail security, Children and Young Persons Follow-up of the 1956 clientéle survey, The GRUT project, The Kungstradgarden riots, Early crime prevention measures, The study group on custodial responsibility for criminal acts by children, Child and Young Persons Study Group, Young offenders. 145 Marianne Hakansson - Drugs Drugs, crime and control, - Drugs and control policy, - Drugs and judicial practice. Miscellaneous - Incapacitation. Anthology, - Penalties for young offenders, - Crime prevention work in the police. 146 Research with Reference to the Swedish Data Act by Artur Solarz I. Towards an Information Society Today we have reached the first stage of a technical revolution which is changing society in many respects. Increasing computerization is leading to the development of an integrated information system based on four technical elements: picture, voice, text and data. A combination of these elements plus the development of inexpensive and effective basic components have made it possible to use information technology everywhere in the community. Even today one can observe how informa- tion technology has spread from the technical scientific field to the administrative, industrial and systems of transport and goods depots. New areas of computerization include the household, schools, communi- cations, medical service, trading and service sectors. The development of computer technology will also have an impact on the superstructure of society by changing individual life-styles, patterns of consumption and mode of interaction with others, as well as attitudes to individual privacy and social control. Il. Personal Data and Individual Privacy In an information society new forms of control are developed through collection and storage of data on individuals. Gathering data can have many different purposes. One such purpose is to assist authorities in the performance of administrative duties such as the distribution of medical benefits and pensions. A second purpose is to provide information to official authorities on how individuals fulfill their responsibility to society or government (data registers of taxes and crimes, etc). A third purpose is the development of data bases to be used for planning, development and research, for example data bases at the Central Statistical Bureau of Sweden and registers within medical services. 147 Artur Solarz Data on individuals are gathered not only in the public sector, how- ever. The banking and the bank giro service are examples of registers concerning individuals’ private income, loans and costly purchases. Information gathered by credit card companies and account service companies are other examples of privately collected data banks. The stored information is organized in such a way to make it possible to identify individuals. This is true for most data bases used by officials or by companies, as their services or actions are addressed to mndividu- als. Researchers, on the other hand, have other purposes when using data bases. The identity of a single person is often of no interest to the researcher. Instead they are interested in using this type of data for analysis and follow-ups of certain groups. With modern information technology it is possible to catalogue the individuals’ income, taxes, payment accounts, debts, credit card pur-cha- ses, travel, hotel stays, car ownership, assets, criminality, magazine subs- criptions, phone calls, contacts with different authorities, and member- ship in different organizations. Hospital stays and medical consulta-tions are also often collected in computerized records.” In combination with the fast accessibility of this information, formal control can become total control of the daily life of the individual. Thus privacy is more vulner- able in an information society. Increasing computerization makes it possible to collect, process and store personal data to a larger extent. At present there are more than 100 000 automated personal records in Sweden. Most of them contain personal identification numbers (PIN) which minimize the risk if confus- ing information on people with the same name and surname. On the other hand, the use of PIN makes it easy to link and exchange informa- tion between different personal records in different data bases. One example of linked processing is the automatic notification of a change of address from one central address register to several extensive national data registers. However, linked processing can also invade individual privacy. The idea of a protected sector for the individual is a rather late development. One of the first clearly formulated concepts was John Stuart Mill’s "the right to be alone". A modern definition of personal 148 Research with Reference to the Swedish Data Act integrity 1s formulated as the individual’s ability to control the informa- tion about himself. Swedish legislation has not defined the concept of a "private sphere" that is protected from violation. Instead it has been found td be more practical to take into account the need for informati- on and thus consider the individual’s demand for protection of privacy on a case-by-case basis when considering permission to provide or use a personal data register. II1. Protecting Special Types of Data The first debate about data processing in Sweden concerned the consequences of computerization for individual privacy. Certain historical reasons underline the intensity of the debate in Sweden. Sweden has long had an efficacious civil registration system, thus possibilities of invading the individual’s privacy increased with the development of computer technology. In 1947 an account number was created and in 1967 a personal identification number (PIN) was introduced, which made it much easier to organize computerized personal records. The PIN identifies the individual by giving his date of birth in addi- tion to a number that is unique to that individual. Information on the PIN include the administrative province the individual was born in as well as his/her sex. As a result of the development of the PIN, personal data concerning the same person, stored in separate computerized regi- sters, can be easily linked together. This has made it necessary to protect the individual’s privacy by means of a specific law entitled the Data Act (1973:289). The Data Act was introduced in the beginning of the information technology development - 1973. Sweden was the first country in the world to have introduced a nationwide data act regulating the protection of individual privacy. The Data Act stipulates that permis- sion from the Data Inspection Board must be granted before establish- ing or using a computerized data register for research or other pur- poses under the following: - processing sensitive information (crimes committed, compulsory care, state of health and illness, sexual behaviour, race, political convictions, etc.); - information collected from other personal registers; - individuals having no specific connection with the person wishing to 149 Artur Solarz set up the register. There are exceptions to this obligation of permission, for example registers of patient records which are used for the purposes of care and treatment. Consequently data bases created in this manner may not be used for purposes of research unless there is legislative support for doing so or permission has been granted by the Swedish Data Inspection Board. IV. Research and Privacy To obtain permission from the Data Inspection Board to establish a personal data register, specific reasons must be given . One such reason may be if the individual records are to be used for statistical processing or scientific investigations, on the condition that individual identities will not be revealed. In scientific research on behaviour, for example sociological and criminological research, longitudinal studies are often used. The gist of this type of research is to study the same individuals for a long time, gathering information on development and observing how past circum- stances may possibly influence subsequent behaviour. Within criminolo- gical work, longitudinal studies are considered most valuable. However, in this type of research there is yet another difficulty: the Data Inspec- tion Board requires that every person who is to be included in an Electronic Data Processing (EDP) register and who will be the object of scientific research must be informed of: - the purpose and content of the data register; - what information will be processed (ADB) and from where this infor- mation will be collected; - how the data identifying individuals will be protected and what kind of security measures will be undertaken; - that the information can be stored on a data medium for a long time and possibly be stored in archives after completion of the research; - that participation in the study is voluntary and anyone has the right to refuse to be included in the study. In criminological research sensitive information from crime records and data on other divergent behaviour are used. To expect individuals to willingly participate in such a study is wishful thinking. Despite the 150 Research with Reference to the Swedish Data Act basic principle that information should always be given to the persons who are to be registered, in some instances the Data Inspection Board will make exceptions. This includes, for example, very big populations or cases in which there may be ethical considerations around contacting the individuals who are part of the study. In such cases the demand for information can be discussed. The Data Inspection Board can make exceptions and decide to grant permission without the obligation to inform the persons who are part of the populations studied. It should also be noted that personal data registers which have been established by the parliament (riksdag) or government officials do not require any permission from the Data Inspection Board. During 1988 around 3 000 permits were awarded. Between 500 and 800 of these involved research projects. Cases where permit applications were rejected were not noted. However, the stipulation that individuals who are part of the study must be informed about the kind of informa- tion to be processed, how it will be processed, and from where it will be collected can be a difficult obligation to fulfill. V. Is The Swedish Data Act out of step? In conclusion it should be mentioned that on the initiative of the Data Inspection Board a review of the current Data Act is underway. By comparison with modern law in other countries concerning the realm of individual privacy, the Data Act in Sweden already seems to be obsolete and out of step with current developments in information technology. One such example of a new law is the Computer Matching and Privacy Protection Act of 1988, which has been passed by the United States Congress. The purpose of this Act is to regulate data base integration betwecen authorities. The Act demands that a written agreement is to be created between the two authorities as well as specifying what such an agreement is to contain. The main purpose of the overhaul of the Swedish Data Act is - among other things - to eliminate the need for permission from the Data Inspection Board and substitute other types of regulation. It is considered that regulations based on ethical attitudes toward accepted practices of different kinds of personal data registers are a better solu- 151 Artur Solarz tion than the stipulation of permission from a central authority. V1. References The Data Act (1973) Artur Solarz, ABD och Brott (EDP and Crime) Publica, 1987. 152 Criminological Research in Sweden Sector-based and at Universities by Torbjérn Thedeen Like most social sciences, criminology uses knowledge and methods from many fields, such as law, sociology, psychology, medicine and statistics. This implies that research on criminological problems can take place at many umversity departments as well as at governmental agen- cies and research institutes. Often the organization in every country is not solely based on rational arguments; tradition also plays an important role. Thas 1s the case in Sweden. The National Council for Crime Preven- tion has a research division with a staff of about 15. A great deal of Sweden’s empirically based criminological research takes place in that division, being in principle more applied and closer to actual policy problems than that at the umiversities. At the National Prisons and Probation Administration there is also a research division which analyses prison data. At the National Police Board there has recently been started a research division which will be headed by a professor. That division will naturally concentrate its activity on police research. There 1s just one department of criminology in Sweden: at the Uni- versity of Stockholm. Most university research in the field is done there. Many of the researchers there also work part time at the National Council for Crime Prevention and some of the projects are joint ven- tures with the Council. Important criminological research is also to be found at other university departments, mainly sociological ones. One mmportant link between sector research at the Council and umversity research is the Council Scientific Board, consisting of universi- ty professors and research representatives from the Council. 153 Torbjorn Thedeen Besides dealing with general scientific problems, the Board takes part in the Council’s yearly research grants for independent researchers. As can be seen from the short review above, criminological research in Sweden is - to a large extent - done outside the universities. Such research has easier access to information and data from governmental agencies and used at least to be more generously funded. But this might be a potential danger that more fundamental and critical research will not be given high priority in competition with urgent research used by the government. This has, however, not up to now been the case in Sweden. 154 The Role of the Home Office Research and Planning Unit, London by Mary Tuck I. General Aspects The Home Office is one of the oldest Departments of State, its modern form originating in 1782. With the Lord Chancellor and the other law officers of the Crown, the Home Secretary shares responsibili- ty for the criminal justice system in England and Wales. The Home Office deals with the police, the lower courts, the probation and after- care service and the prisons as well as the development of policies relating to broadcasting, ethnic relations and immigration. It thus combi- nes most of the functions of what, in Europe and elsewhere, are often separate Ministries - namely of the interior and of justice. Because of the relatively wide range of subjects that the Home Offices covers, scientific effort is shared between a number of separate capabilities providing a variety of technical services for the police, the prison service and other components of the Department, including a separate statistical service and a separate service for research and planning. The Home Office Research and Planning Unit, formerly the Home Office Research Unit, was established in 1957. From modest beginnings, the unit has grown in size, providing a service of research and advice to the Home Office on issues relevant to policy and planning, especially as concerns the criminal justice system. This remit follows from the Home Secretary’s statutory authority to conduct research into criminal policy and into some areas of social policy and community relations. 155 Mary Tuck The current Research Programme contains 44 projects (20 of them conducted externally) with a further 45 under consideration. Most of the studies are undertaken with publication in mind; others, including some of those involving operational research and work developing information technology, and projects directly concerned with policy planning, are undertaken for their administrative value to the Home Office and find- ings are not usually published The present complement of the unit comprises 46.5 research and scientific officers supported by a small group of administrative staff. The professional staff are organised into small teams with responsibility for particular areas of work. All professional staff are expected to become involved not only in research but also in the provision of policy planning advice The RPU administers an annual budget for external research which currently stands at about pounds 826,000. The budget for internal re- search comprises approximately pounds 800,000 with a further pounds 500,000 allocated to development projects. When a research requirement is identified, the project is either commissioned from Universities or other research bodies, or is allocated to internal staff. Occasionally, the RPU may use the external budget to buy-in field-work or other assi- stance for study which has been planned by its own staff The provision by the RPU of research for policy formation raises three important questions: - who determines the unit’s programme" - to whom 1s the unit accountable? - how are the results of research disseminated? II. Who determines the unit’s programme? In developing its programme of both in-house and external research the RPU is guided by the customer-contractor principle: any project included in the programme must have a firmly identified ’customer within the Home Office. However, the role of the contractor in this relationship is not passive or reactive. Research requirements are usually developed collaboratively, not only by engagement between potential 156 Home Office Research and Planning Unit, London customers and the RPU, but also between the Home Office and outside research bodies or individual researchers. The RPU encourages the growth of fresh ideas for research from outside Government, and gives careful consideration to research proposals which emanate from outside the Home Office. A meeting is held annually to canvass the views of criminologists and operational researchers from within the universities and other research bodies on the content and balance of the current research programme and future direction and needs for research. Research originates in a number of different ways and in response to a range of different requirements. Some research is initiated simply to provide more information and to expand the existing knowledge base. Other projects arise out of a policy vacuum: ’we don’t have a policy in this area, let’s initiate some research as a first step’. An example of this is the current project on young adult offenders. Less often, research is initiated in order to stimulate action by other agencies, even other Government Departments. A good recent example of this is the extensi- ve review of research findings on the relationship between schools, disruptive behaviour and delinquency, which, it is hoped, will stimulate the Department of Education and Science into recognising the impor- tance of education in the protection of young people from drifting into criminal careers. Finally, and increasingly, the RPU is called upon to monitor and evaluate policy initiatives in terms of their cost effective- ness, their overall impact and, in some cases, their side effects. The idea behind projects of this nature is that if a policy is initially implemented on an experimental basis and its effects closely monitored, an informed judgement can subsequently be reached as to whether the policy should be extended nationally. III. To whom is the Unit accountable? Accountability of the RPU is largely a domestic matter, depending on whether research is seen as a service common to the whole Depart- ment or the particular need of one of its main components. One of the criticisms which can be made of this set-up is that the work of the unit may suffer from lack of scientific credibility in the eyes of the academic world. The question of accountability is therefore closely linked to the question of the dissemination of the results of research. Thus it is the 157 Mazty Tuck practice of the Home Office to publish research findings firstly in order to ensure that public debate about social policy is as informed as pos- sible and secondly so that Government research can be exposed to public scrutiny and its objectivity assessed accordingly. This sensures the quality of research and protects the RPU from covert compliance with the dictates of Government ideology. To further assist in this task, all RPU reports intended for official publication are subject to independent academic assessment before issue. IV. How are the results of the research disseminated? It 1s important to emphasise that the existence of the RPU, which now stretches over the last thirty years, is predicated on the assumption that scientific research can provide a rational basis for policy making. Whilst some of this research can be carried on from outside Govern- ment, that is to say by Universities and other research bodies, the nature of the criminal justice system - and the relatively short timescale involved in administrative and political decisions - are such that it is more practical and more economical to carry out some of this work from within Government. This secures a more immediate effect on officials and politicians whose concern it is to put information derived from research to practical use. It should however be born in mind that research represents just one of a range of sources of information for policy-makers and its contribution is even then often indirect and piece- meal. Too often research is credited with a more powerful influence on policy than is perhaps the case in practice. V. How is the data protection observed? I would like to briefly outline the position in England and Wales with respect to data protection. Under the 1984 Data Protection Act, an obligation now exists on those who record and use personal data to register such data with the Data Protection Register and to follow the Data Protection Principles. The Act ensures that data can flow directly and freely between the U.K. and other European countries with similar laws. It applies only to automatically processed data (i.e. computerised data) which relates to individuals. However, not all such data (referred to as ’personal data’ in the Act) i1s covered by the Act; some data are 158 Home Office Research and Planning Unit, London exempt. As far as statistical and research data are concerned, personal data are exempt if: - they are held only for preparing statistics or carrying out research and - they are not used for any other purpose and - they are not disclosed for any other purpose and - the resulting statistics or the results of the research are not made available in a form which identifies any of the Data Subjects. There are nevertheless strict conditions concerning the disclosure of exempt data and it is probably safer not to rely on such exemptions. If in doubt, it is probably preferable to register the data under the requrements of the Act. Our own research data, as well as being registered under the Data Protection Act, are also placed with the Economic and Social Research Council Survey Data Archive at the Umiversity of Essex. This ensures that the data, suitably anonymotised, is made available to other crimino- logists and academics. So far the Data Protection Act has not provided the RPU with any insurmountable problems, although since data gath- ered for one purpose cannot be used for a different purpose without the consent of the original data user, there are sometimes problems for researchers who wish to match data sets. V1. The Programme Cycle The formulation of the Research Programme being in the latter part of the year (October to December) when members of the RPU draw together an outline Programme for the next financial year - to begin in April. At this stage current projects continuing from the previous Pro- gramme, outstanding bids for research which have been received and other topics where research will be needed are listed. Before this stage has been reached there have been extensive discussions between mem- bers of the RPU, external researchers and Home Office customer divisions. Further consultations take place between January and March during which the overall shape and balance of the Programme is consi- dered. Costs of the proposed programme of research both in internal resources and external funds are calculated and adjustments are made, either by dropping some projects or delaying the start of others if (as 159 Mairy Tuck is invariably the case) resources are not sufficient to meet demand. The revised Research Programme is submitted to Ministers and the Home Secretary in April and is published in June. The published Pro- gramme 1S a snapshot in time and an estimate of likely research needs in the coming year. Extra need for specific research projects or planning advice can occur at any time during the year and further adjustment is sometimes needed to accommodate unforeseen pressures and problems. During the summer a seminar is held at the Home Office to canvass the views of criminologists and operational research scientists from within the Universities and other research bodies on the content and balance of the programme, its direction and future needs for research. VII. The Research Programme for 1988/89 The Unit’s research programme for 1988/89 covers the following main subject areas under six headings: 1. Criminal justice system and process a. management of the criminal justice system b. probation and non-custodial disposals c. victims, mediation and reparation 2. Crime prevention a. general crime prevention b. drugs c. violent crime 3. Police a. the effectiveness of police strategies b. police powers and procedures c. violent crime 4. Prisons a. control issues and the long-term prison system. b. care, treatment and management of mentally disordered prisoners c. improvement of operations and procedures 160 Home Office Research and Planning Unit, London 5. Immigration, nationality and equal opportunities a. immigration and nationality b. race relations c. voluntary services 6. British Crime Survey and patterns of crime There are of course gaps in the research progreimme listed here. Resources are limited and a selection of topics on which to concentrate effort must necessarily be made. But the selection is the conclusion of careful discussions aimed at producing a programme that will be of maximum value. The results of all studies will be published and should add substantially to our knowledge. VIII1. Publications It 1s the practice of the Home Office to publish the results of re- search undertaken by the RPU as by its predecessor, the Home Office Research Unit. Besides journal articles and books the main publications arc - fiome Office Research Studies (available from HMSO, 100 issues till 1988), - Research and Planning Unit Papers (available from RPU, 46 issues), - Research Bulletin by the RPU (several issues per year), - Research Programme by the RPU (annually), - Statistical Publications (Annual Criminal Statistics, Quarterly Statistical Bulletins, Home Office Statistical Bulletins). 161 V. Institutions in the Federal Republic of Germany Criminological Research at the Federal Ministry of Justice, Bonn by Konrad Hobe I. Research Conception The Federal Ministry of Justice has the task of preparing federal legislation across the full sweep of the legal system. This means, then, that the Federal Ministry of Justice is also responsible for preparing statutory measures in the fields of criminal law, criminal procedural law and the prison service. Discharging these functions in a proper manner calls for criminologi- cal research in two particular respects. To start with, the area needing regulation must be prepared by establishing the necessary facts in ad- vance. This involves' making as detailed a description as possible of the criminal phenomenon in question, its causes and its effects, establishing the impact of existing criminal law and other responses, and assessing the possible results of amendments. Then, after a new law has been created in this area, its effectiveness must also be checked. Such a check is intended to monitor the extent to which the new provision has had the anticipated result. Apart from these two aspects of criminological research with regard to a particular piece of proposed legislation, it can also yield results pointing to a practical need to amend the law in some specific way or - contrary to the demands being voiced - to keep it as it is. Moreover, it may prove necessary, where a particular criminal pheno- menon 1s concerned - e.g. terrorist or extremist acts and the response 165 Konrad Hobe of the criminal justice system to them - to make information on it available and thus render the discussion less speculative. Such considerations led fifteen years ago to the setting up in the Federal Ministry of Justice of a separate section designated "Criminolo- gy". This unit was then later also given responsibility for criminal stati- stics. The overall concept for this unit, insofar as criminology is concerned, was not that from now on, all the research work called for by the criteria already mentioned should be carried out in the Federal Ministry of Justice itself. On the contrary: research done outside the Ministry has on principle priority. To this extent, the Federal Ministry of Justice is simply the agency which awards research contracts with a practical emphasis. A consideration of particular relevance here is whether the investigation is necessary to provide a basis for decision-making in a given criminal policy context. In other words, then, the Federal Ministry of Justice is just one of many agencies which commission criminological research, and by no means the most powerful one in financial terms. The Federal Ministry of Justice additionally has the task of feeding into the criminal policy discussions and deliberations the results of the inves- tigations it has commissioned. The same is naturally also true of the results of other criminological research which become known to the Federal Ministry of Justice. The contracts for criminological research are awarded to suitable university institutes, and not least to the criminology research group at the Max Planck Institute for international and comparative criminal law in Freiburg as well. A newcomer to this circle of research establishments was, two years ago, an institution specialising in research which is of common interest - over wide areas - to the Linder Ministries of Justice and the Federal Ministry of Justice. In June 1986, the Kriminologische Zentralstelle e.V. was opened in Wiesbaden. It has the task of promoting criminological research, as well as gathering and processing criminological data for research, legislation, the judicial system and administration. This central establishment, organised in the form of a registered association (einge- tragener Verein), is financed half by the judicial administrative bodies 166 Federal Ministry of Justice, Bonn of the Lander and half by the Federal Ministry of Justice. The setting up of this new institution was necessary, because already existing re- search capacity in the criminological field no longer sufficed to meet practical needs. Only to a limited extent are criminological research projects additio- nally carried out in the Criminology Section of the Federal Ministry of Justice 1itself. Alongside of this research activity we also organise hear- ings and discussion forums with theoreticians and practitioners on cur- rent issues in the fields of criminal policy and criminology. This is intended to provide those called upon to take decisions with swift and concise information on the present state of things in a particular pro- blem area. It is always the case that our own research and that done by outside bodies, as well as the hearings, etc., deal in selective fashion with crimi- nal policy areas of special importance. II. Completed Research Projects From among those projects already conclqded, the following - purely arbitrary - selection can be mentioned: - Artists working together with the inmates of prisons The project was led by a professor at Hanover College of Fine Arts and a former head of division at a prision. The work here produced - for the first time ever - a survey of the various forms of activity conducted by artists with prisoners (theatre, sculpture, painting) in the prisons of the Federal Republic of Germany. An assessment was also made of the possible ways in which prisoners might similarly be favour- ably influenced, and of the obstacles which exist to such work. The account of the project was made available to those working in prisons, and request to look at it were also received from a number of artists. One can assume that by no means the least significant result of the work is that it has made artists more inclined to work with priso- ners. 167 Konrad Hobe - Criminal proceedings against left-wing terrorist offenders and their supporters With a view to conducting the debate on left-wing terrorism on a more factual, down-to-earth basis, the files relating to proceedings against left-wing terrorist offenders which had already been finally concluded were used to compile socio-biographical data on the offen- ders, together with data on the criminal proceedings and the sentencing practice of the courts. The investigation made possible an adjustment of the commonly accepted picture of "the" left-wing terrorist and of the way the courts went about sentencing. The work was received with great interest in specialist circles and by the general public, thus making two reprints necessary. - Social training courses following from the Juvenile Courts Act Social training courses are educative measures conducted in groups, which the juvenile court judge can order for young offenders and young adult offenders where a response of an educative nature is both appro- priate and sufficient. To assess the value of social training courses within the system of responses under the juvenile criminal law, the courses already held in close on fifty venues in the Federal Republic of Germa- ny were reviewed, with various aspects of the courses being looked at in detail, e.g. organiser, size of group, voluntary nature, group activities, cost. In addition, proposals were made for the shape these courses might take in future. The project was conducted by an experienced educationist and a former governor of a youth prison, and aroused much interest among specialists. The work represents an important aid above all for those agencies which would like to improve existing social trai- ning courses or are planning such courses. The persistently high number of interested enquirers led to the report being updated and reprinted a number of times. 168 Federal Ministry of Justice, Bonn - Compilation of statistical data on economic crime proceedings at the departments of public prosecution. Originally designated "National Survey of Economic Crimes Employing Uniform Criteria” (Bundes- weite Erfassung von Wirtschaftsstraftaten nach einheitlichen Ge- sichtspunkten) The compilation arose out of a resolution passed by the Conference of Ministers and Senatores of Justice, and was conducted in respect of the years 1974 - 1985. The data were evaluated by a sciestific research institute, with the Federal Ministry of Justice making an annual contribu- tion towards the costs. The compilation helped to provide a factual basis for the discussion on economic crime, and also to facilitate the prepara- tion of various legislative projects. - Follow-up and in-depth studies related to the National Survey of Economic Crimes Employing Uniform Criteria The relevant studies were commissioned by the Federal Ministry of Justice, and concerned fraud, breach of- fiduciary duty, profiteering, granting privileges and bribery as economic critmes; subsidy and credit fraud; and the discontinuation of economic crime proceedings where specific requirements and court directions were observed. The studies were a source of great interest among specialists and served as a basis for the drawing up of legislation in the Federal Ministry of Justice. - Right-wing extremism and the administratien of criminal justice. An analysis of criminal proceedings concerming suspected right-wing extremist activities The files relating to criminal proceedings gainst right-wing extremist offenders which had already been finally concluded were used to com- pile socio-biographical data as well as details of the course of the proceedings and the sentencing practice of the courts. Carried out in the Criminology Section of the Federal Ministry of Justice, this investiga- tion provided a basis for looking at the problem of right-wing extre- mism. It was concluded four years ago, and is currently being updated. - Educative measures under the German juvenile criminal law The project here looked at the educative effects of various methods of dealing with offenders under the juvenile ¢riminal law, covering both formal sanctions and diversion. 169 Konrad Hobe Not the least hoped-for result of this research project, awarded to a university institute, is that it will yield insights for practitioners into ways of making better use of the educative possibilities already available. It is also intended to prepare the way for amendments to the Juvenile Courts Act. - Discussion forum on aspects of violence In May 1987, talks took place in the Federal Ministry of Justice with academics and those dealing with the problem at a more practical level on questions of violence. The discussion forum concerned itself with the following areas: the concept of violence in its social and political con- texts; violence generally and historically; the State and violence; violence in the mass media; violence in the family, sexual violence. These talks - the results were published - had as their by no means least important function the preparation of the Independent Government Commission on the Prevention and Suppression of Violence (known for short in German as the "Gewaltkommission", i.e. the "Violence Commission"). The latter commenced its work in February 1988. - Taking account of the injured party’s interest in reparation - possibilities and limits - To help the discussion on legislative measures to improve the position of the victim of crime, an examination was conducted into problems of reparation by the offender of the damage caused, in particular from the substantive law and criminal procedural law point of view, this calling on the knowledge and practical experience already gained. Following a precise analysis of the problems of reparation with their many ramifica- tions, the report goes on to recommend a series of amendments. The report was drawn up by an expert commission of theoreticians and practitioners from the relevant sphere. III. Ongoing Research Projects Of those investigations still going on and not yet concluded, the following in particular can be mentioned: - Scientific study accompanying the model project to examine the 170 Federal Ministry of Justice, Bonn possibilities of settlement between offender and victim ("Die Waage") The aim of the model project is to try out, within the framework provided by existing substantive and procedural criminal law regulations, the practical possibilities of offender-victim settlement, initially limited to juvenile court proceedings. With overall responsibility borne by an association calling itself "Die Waage e€.V." (the German word means "balance" or "scales"), a group of experts in Cologne (psychologists, educationists, and social workers) look after - where it seems feasible and sensible - offenders and victims within the context of juvenile court proceedings, working closely together with the department of public prosecution, the juvenile court support service and the juvenile court. The bodies and persons just named function as mediators in discussions aimed at bringing proceedings to a close in the form of reparation or offender-victim settlement. The foregoing is a model project, to run for three years. The final report should be available in 1989. - The general and special preventive effect of criminal law sanctions The basic orientation of the system of sanctions available under the criminal law is significantly influenced by the importance attached to the general and special preventive effect of those sanctions. These effects, particularly in relation to certain offences and certain persons, have formed the subject of a wealth of research results published at home and abroad in recent years. What 1s called for here is the collecting and analysing - and possibly also the supplementing - of this widely scattered material, in order to provide a sound empirical foundation for the discussion of criminal policy basics. A university institute has been commissioned to carry out the enquiry, with the final report expected in 1988. - Examination of the expedience and effectiveness of youth detention in criminal policy and educative terms This is a comparative study relating to one already carried out by the same rescarcher between 1971 and 1974 on behalf of the Federal Mini- stry of Justice. The final report is expected in 1988. 171 Konrad Hobe - Community service instead of imprisonment in default of payment of a fine Up to now, we have had very little knowledge of the practical appli- cation of the provisions governing orders for community service instead of imprisonment where an offender has defaulted on payment of a fine The enquiry is being conducted by the Kriminologische Zentralstelle e.V Wiesbaden. The final report should be available in 1988 - 89 - Practical application and success of § 35 of the Narcotics Act There has thus far been no monitoring of whether the possibility provided for in section 35 of the Narcotic Drugs Act - that is, deferred enforcement of the sentence in the case of some addicts in order to allow therapy - has in fact achieved its purpose of freeing such persons from their addiction. This research, too, is being carried out by the Kriminologische Zentralstelle e.V., Wiesbaden. The results, expected in 1988 - 89, are intended to permit an assessment of the success rate All future investigations, whether commissioned by the Federal Minis try of Justice or carried out by the Ministry itself, as well further hear- ings, etc., will constitute a response to criminal policy aims and needs and be conducted in close collaboration with criminological research institutes outside the Ministry IV. Publications Die Arbeit von Kiinstlern mit Gefangenen in Justizvollzugsanstalten - eine Untersuchung im Auftrag des Bundesministers der Justiz, von S Neuhausen, H.-D. Stark unter Mitarbeit von B. Dettelbach, hrsg.: Der Bundesminister der Justiz, 1981 Strafverfahren gegen linksterroristische Straftiter und ihre Unterstiitzer von Richard Blath und Konrad Hobe, hrsg.: Der Bundesminister der Justiz, 1982 und 1984 Soziale Trainingskurse im Rahmen des Jugendgerichtsgesetzes von Max Busch und Gunhild Hartmann, hrsg.: Der Bundesminister der Justiz, 1984 und 1986. 172 Federal Ministry of Justice, Bonn Erhebung iiber Wirtschaftsstrafverfahren bei den Staatsanwaltschaften nach einheitlichen Gesichtspunkten, Ergebnisse 1985, hrsg.: Der Bundes- minister der 'Justiz, 1986. Anschlu3- und Vertiefungsuntersuchungen zur Bundesweiten Erfassung von Wirtschaftsstraftaten, 1984, hrsg.: Der Bundesminister der Justiz Band I Betrug, Untreue, Wucher, Vorteilsgewahrung und Bestechung als Wirtschaftsstraftaten Band II Subventions- und Kreditbetrug Band III § 153 a Abs. 1 StPO beir Wirtschaftsstraftaten. Rechtsextremismus und Strafrechtspflege, von Harry H. Kalinowsky unter Mitarbeit von Richard Blath, Konrad Hobe und Claudia Kothe-Hegge- mann, hrsg.: Der Bundesminister der Justiz, 1986. Erzicherische MaBnahmen im deutschen Jugendstrafrecht, von Wolfgang Heinz/Christiane Hiigel, hrsg.: Der Bundesminister der Justiz, 1987. Gesprachsrunde am 14. Mai 1987 im Bundesministerium der Justiz, Bonn, zu Fragen der Gewalt, Bericht, hrsg.: Der Bundesminister der Justiz, 1987. Schadenswiedergutmachung im Kriminalrecht, Untersuchung des Fachaus- schusses I "Strafrecht und Strafvollzug" des Bundesverbandes der Straffal- ligenhilfe e.V., AbschluBlbericht, 1988. 173 The Central Institute of Criminology Die Kriminologische Zentraistelle in Wiesbaden by Jorg-Martin Jehle I. History The plans to create a Central institute of criminology (KrimZ) date back into the 1960’s. The then pending reform of the Penal Law and the Penal Administration gave way to special efforts towards a rational criminal policy. It became evident that in spite of quite a number of criminological works only few and rather incomplete findings existed, which practical operations could refer to. What was lacking foremost was a coordination of criminological research projects and a documenta- tion of the results. In the meantime, quite some gaps in criminological research have been closed and research m this field has considerably increased. Nevertheless, the need for a comprehensive documentation and an interdisciplinary practice-orientated research still exists. The original idea behind such a central institute of criminology, however, dates back much further than to the actual planning stage of the "Kriminologische Zentralstelle". The concept of an empirically foun- ded penal law practice has its roots actually in the idea of a preventive penal law proclaimed (again) by von Liszt at the end of the last centu- ry. From this kind of penal law emerges the question whether the intended legal purpose will actually be achieved. This implies that a rational legislation must be based on empirical findings and that the actual law enforcement practice must be controlled according to its own premises. - This orientation towards a preventive penal law consequently led to the demand for an institutionalization of empirical criminological research. 175 Jorg-Martin Jehle The creation of a central institute for criminal science and applied penal law as already requested before the First World War, failed. Criminological research, however, intensified in the years to follow, in particular after the Second World War in some newly founded institu- tions. Besides a number of university institutes should be mentioned here in particular the criminological working team of the Max-Planck-Institute for foreign and international penal law and the Criminological depart- ments according to § 166 of the law of execution of the sentence. Due to discussions and deliberations within the judicial administration authorities of the various Federal States of the Federal Republic of Germany, the Ministers and Senators of Justice of the Federal States resolved to foynd a central institute of criminology. The KrimZ as it has now been realized does, however, not correspond to the originally requested large central research institute; due to its relatively moderate size, there are certain restrictions as to its objectives and tasks. II. Organization, Members, Advisory Board The KrimZ is a registered society. Regular members are the Federal Republic of Germany and the Federal States of the FRG including West-Berlin; the Federal Republic holding 45% of the votes and the remaining members 5% each. The members are being represented by the Ministers of Justice and the Senators of Justice resp. who delegate this function as a rule to their departments of penal law and/or penal administration who are also concerned with criminological matters. The current expenses of the KrimZ are met by its members; to 50% by the FRG, to 50% by the Federal States. For the 1989 fiscal year the total amount came up to 1 milbon DM. All persons or institutions involved in or promoting criminological research and who are willing to contribute to the work of the KrimZ may become "correspondent” members. On a'regular basis twice a year a member’s meeting takes place. Its main tasks consists in the election of the Managing Committee, the nomination of the Advisory Board, the appropriation of the budget, giving consent to contracts of full-time employees and approving the 176 Central Institute of Criminology, Wiesbaden realization of research projects. The Managing Committee is responsible to organize the statutory functions with regard to their contents. More precisely this concerns the creation of a criminologically relevant docu- mentation, the cooperation with other research- and practice-oriented institutes, the organization of meetings and last but not least research itself. Though the members’ meeting decides whether a certain research project will be accepted or not, it is the sole responsibility of the Mana- ging Committee and the scientific employees how to carry out the project according to the research approach, the plan, the performance, the evaluation of the study and the publication of the results. In regard to these research tasks the Managing Committee and the members’ meeting are advised and assisted by the Advisory Board. The 12 board members are made up of representatives of the administration of criminal justice that is one judge, one public prosecutor and one enforcement officer; also members of police institutions, i.e. the Federal Office of Criminal Investigation and the Polizeifithrungsakademie, as well as scientific members of the Deutsche Forschungsgemeinschaft. Further members of the Advisory Board are also six representatives who are university teachers for subject areas relevant to criminological research as there are criminology, law, medicine, psychology, sociology, pedagogics and statistics. The management and the representation of the registered society are the task of the Managing Committee which is formed by the director, a lawyer, and the deputy director, a psychologist, both specialized in criminology, who were elected into these offices. II1. Conception According to its statute, the KrimZ is to promote criminological research, to collect. data and to make criminological findings available to scientists and practitioners. Three main fields of activities can be discerned: 1. Documentation: As stipulated in its articles, the KrimZ compiles and evaluates crimi- nologically relevant research work. A documentation of this nature 177 Jérg-Martin Jehle cannot but be seen as a long-term task, even though the objectives are restricted. a) A comprehensive documentation of criminologically significant literature will evidently require much time and must be planned on a long-term basis. A cooperation with other institutions is essential. The KrimZ is in close contact with some institutes of criminology of universi- ties. There also exists a cooperation contract with JURIS GmbH in Bonn, the most important German Information Service for jurisdiction and judicial literature. The KrimZ has thus the possibility to use and make available to third parties the data gathered at the JURIS data base. It is further intended to actively contribute to the documentation of criminologically relevant literature at JURIS GmbH in order to increase the specifically criminological part of the JURIS inventory. On an international scale the KrimZ participates in the International Crime Prevention Information Network (ICPIN) which is organized by the Netherlands’ Research and Documentation Center. b) A further task in this field of activity is the documentation of current research projects in the field of criminology. The only moderate capacity of the Central office of criminology calls for a cooperation with large data base services. The Information Center "Social Sciences" oper- ates together with FORIS, a data base where a great number of current and completed research projects in social science are being gathered. However, projects of criminological relevancy, especially those dealing with penal problems, are so far not being completely and systematically gathered. In cooperation with the Information Center Social Science, it will be one of the tasks of the KrimZ to gather and compile to a greater extent research projects of this kind, based, of course, on the already existing data inventory. It is intended to jointly publish a com- mented documentation of current criminological research projects. 2. Advisory activities, cooperation, meetings: The KrimZ makes available the results of its work to all interested parties and institutions and - if requested - advises and assists them in their research projects. In particular, the Central institute cooperates with the criminological departments of the penal administration. 178 Central Institute of Criminology, Wiesbaden The articles of the KrimZ stipulate as well the organization of meet- ings to criminological 1issues. Important are fundamental questions of research, the exchange of experience between science and practice, but also concrete research projects. For example the following meetings have been realized: a) On the occasion of the opening of the KrimZ in Wiesbaden on June 13, 1986, a colloquium was held on "Criminological documentation and research between the demands of science and the needs of the practice". The conference papers and plenary contributions of this meeting have been published under the title "Jehle/Egg (eds.): Anwen- dungsbezogene Kriminologie zwischen Grundlagenforschung und Praxis" (mentioned below). b) An e){perts meeting on "Protection of privacy in criminological research"” was held in Wiesbaden from 4th to 6th March 1987. The conference papers and the dissertations have also been published n the series of the KrimZ, "Jehle (ed.): Datenzugang und Datenschutz in der kriminologischen Forschung, (vol. 2)". ¢) In cooperation with the Federal Ministry of Youth, Family and Women Affairs and Heaith, another experts meeting on "Therapy and punishment for drug addicted offenders" was held from March 16 to 18, 1988. Experts coming from different scientific fields and practical areas exchanged experience and discussed problems of applying legal prowvi- sions that allow a therapy for drug addicted offenders. The results have been published in volume 3 of the series of the KrimZ. d) An experts’ meeting on "Official Data Collections in the Criminal Justice System" was held in Berlin in February 1989. It concerned the utility of these data sources for the purpose of criminology and crime policy. Another topic was once again the data protection, especially the legislative measures relating to court files as data source for scientific purpose. The results have been published in volume 4 of the series of the KrimZ. 179 Jorg-Martin Jehle 3. Research: The KrimZ also realizes certain research projects inasmuch as these projects cannot be carried out by other research centers. This mainly concerns representative nation wide studies. The KrimZ is focusing on practice-oriented research, which implies a close cooperation between scientists and practitioners at all stages of the research process. Never- theless it should not be overlooked that general scientific maxims, which apply to independent scientific institutions are also valid for the KrimZ. More precisely that means to avoid stating the problem matter in too narrow a way in order to only receive expected answers which are favoured and aimed at by criminal policy. A genuine critical and realis- tic outlook on reality and the exact application of methods should guarantee the intersubjective verification of information regarding the subject matter. Finally a careful interpretation should make clear at what point the immanent statement is taken up by values outside the investi- gation from which the results gain their political, dogmatical or practical importance. In this respect it is advisable to hold on to a basic border- line between empirical criminology on one side and criminal policy and the practice of criminal law on the other side. At present, the KrimZ is engaged in two research projects, the first project studying models to avoid imprisonment in default of payment of fines (a), the second investigating the treatment of drug addicted offen- ders (b). a) Community service instead of imprisonment in default of payment of fines Within the last years all Federal States of the FRG have made efforts to replace imprisonment in default of payment of fines by com- munity service. Several such models have been put to test. Reports and statistical material of these projects do exist in the different Federal States but more comprehensive general nation wide studies as to the acceptance and the success and effectiveness of these alternative projects are still lacking. Thus it 1s the objective of the research project of the KrimZ to gather comparable data from the various models of alternative and honourary activities realized in the different Federal States of the FRG. This will provide a survey on the rating of this kind of sanction within the penal sanctioning system. 180 Central Institute of Criminology, Wiesbaden First results of the study have been available in 1989. b) Practice and effectiveness of §§ 35ff. BIMG The § 35 BtMG which took effect in 1982 provides the law enforce- ment authorities with the possibility to defer in the case of drug-addic- ted offenders the serving of a sentence up to a period of two years, on the condition that the convicted offender is presently undergoing an addiction therapy or has promised to undergo such a treatment and that the actual beginning of such treatment is warranted. There is quite a controversial discussion going on about this new possibility, currently described as "therapy instead of punishment". So far no empirical findings. exist as to the practice and effectiveness of this new legal possibility in the treatment of drug-addicted offenders. With its research work in this field, the Central institute of criminology in- tends to investigate how this new legal tool is being used in practice, how it is being handled, and how it works. In particular will be investi- gated the degree of acceptance by the convicted addicts, the actual handling of this regulation by the law enforcement authorities, the effectiveness of the cooperation between penal authorities, drug advisors and therapeutic centers, and its legal and social effects on the future development of the drug addicted offenders concerned. c) Scientific Analysis Besides the already mentioned research projects the KrimZ also analyzes and evaluates statistical material to discern future developments on criminologically relevant matters. So far two of these studies have been finished and their findings made available to the practice. The first analysis is concerned with the numbers of imprisonments in relation to the total population figure. By means of a regression it is investigated to what extent the numbers of offenders sentenced to prison terms depend on the numerical dynamics of the entire population. On this base the future development of the required prison capacity can be estimated. The second analysis concentrated on the statistics of recidivism which is founded on entries of the Bundeszentralregister (crime records). As 181 Jorg-Martin Jehle the stored data material does not permit to draw information relevant to criminological research or practice purposes, the KrimZ is working in close coopera-tion with the register to improve the data structure of the statistic of recidivism to allow a wider usage. IV. Cooperatidn with other institutions and research centers The KrimZ can accomplish its assigned tasks only in close coopera- tion with other institutions and experts who also do criminological re- search. Thus, the KrimZ on the one hand offers its services and assis- tance in view of an improved mutual support and coordination, but on the other hand it also depends on the advice and friendly support of expert colleagues and relevant institutions. The KrimZ will in no way compete with other research units. It has its own autonomous task in the documentation of relevant data. Own research projects will only be realized if other researcher are not interested or not able to do the respective research work. According to section 2 of its statute the KrimZ has the task to promote criminological research and to acquire and pass on criminologi- cal findings to research, legislation, administration and administration of justice. Therefore as its motto can be stated ’Criminological Research between the conflicting interests of scientific requirements and practical needs’. The KrimZ is placed inbetween theory and practice with a mediator’s function, which can be described as a transfer of scientific findings into practice. Practice-oriented research and documentation have not just been recent demands. Even though science partly expresses reservation or strict rejection towards practice orientation and, vice versa, practice has partly been disappointed by scientific efforts, there still exists a well established tradition of cooperation between the two in the field of criminology. Especially scientific and professional associa- tions based on their personnel structure have always kept in close contact to science and practice, promoted the mutual dialog and in- spired criminological research relevant to practice. Also at universities and other scientific institutions can be stated an increasing effort for practice-oriented criminology apart from official or government financed research institutions. 182 Central Institute of Criminology, Wiesbaden Up to now a central institution for mediation, cooperation and co- ordination was missing. In this sense the KrimZ intends to fulfil a "coordinative task". In 1ts articles the cooperation with the police has already been insti- tutionalized, as the presidents of the Federal Office of Criminal Investi- gation and of the Polizeifithrungsakademie are members of the Advisory Board and the research projects of the KrimZ should be coordinated with these two institutions. Of a different kind 1s the relation between the KrimZ and the Crimi- nological Services of the individual Linder administrations of justice. To some extent their work 1s restricted to the area of execution of sentence. But as far as research institutions with further assignments exist, they can perform the same functions of documentation, coordination and resecarch on the Land level as performs the KrimZ for the whole Fede- ral Republic of Germany. The KrimZ does not interfere with university or other independent criminological research institutions, especially not concerning basic research. The different impulses that come out of these institutions to rethink traditional practices and to consider new findings have even for the practice always proved to be of great importance. V. Staff Director: Dr. Jorg-Martin Jehle, Lawyer Deputy: Dr. Rudolf Egg, Psychologist, Privat-Dozent Furthermore there are three criminologically trained scientists coming from law, sociology and pedagogics, who in their work are assisted by a number of part-time employees. Also the possibility exists to allocate work contracts for certain research projects. On the operational staff are five employees in charge of secretariat, administration and documenta- tion. 183 Jorg-Martin Jehle V1. Publications a) Series "Schriftenreihe der Kriminologischen Zentralstelle e.V., Krimi- nologie und Praxis (KUP)', - Volume 1: Jehle/Egg (eds.): Anwendungsbezogene Kriminologie zwischen Grundlagenforschung und Praxis, Wiesbaden 1986. - Volume 2: Jehle, Jorg-Martin (ed.): Datenzugang und Datenschutz in der kriminologischen Forschung, Wiesbaden 1987. - Volume 3: Egg, Rudolf (ed.): Drogentherapie und Strafe, Wiesbaden 1988. - Volume 4: Jehle, Jorg-Martin (ed.): Datensammlungen und Akten in der Strafrechtspflege, Wiesbaden 1989. b) Series "Berichte, Materialien, Arbeitspapiere", . - Paper 1: Jehle, Jorg-Martin, (ed.): Der Kriminologische Dienst in der Bundesrepublik Deutschland, Wiesbaden 1988. - Paper 2: Feuerhelm, Wolfgang: Geldstrafenvollstreckung und Ge- meinniitzige Arbeit: Ein Zwischenbericht, Wiesbaden 1988. - Paper 3: Rudolf Egg und Martin Kurze: Drogentherapie in staatlich anerkannten Einrichtungen. Ergebnisse einer Umfrage, Wiesbaden 1989. Besides these books there have been published numerous articles in periodicals and books. 184 Mandate, Structure, and Working Methods of the German "Independent Federal Commission for the Prevention and Combat of Violence (Violence-Commission)" by Hans-Dieter Schwind I. Introduction Following the establishment of similar commissions in - the US.A. (violence commission established in the sixties) and in - France (Réponses a la Violence established in the seventies), the Federal Government by a decision of the cabinet dated December 16, 1987, also set up a "Violence Commission” (or rather: an "Anti- Violence-Commission"). In their coalition agreement concluded on March 10, 1987, the parties represented in the government (CDU/CSU, FDP) had agreed to set up such a commission. Thjs Commission was cstablished for the same reasons as the corres- ponding Commissions in the U.S.A. and France, i.e. because of the escalating violence not only in families and in schools but also in stadi- ums, in the streets and in public squares. A particular cause of concern in this context are those demonstrations that are not peaceful (i.e. violent demonstrations). Some figures on the numbers of violent demons- trations registered in the Federal Republic may serve to underline this statement: 1982:229 1983:274 1984:230 1985:207 1986:261 and in 1987:289 riots. 185 Hans-Dieter Schwind These figures are hardly of importance, when compared to the total number of all (i.e. peaceful and violent) demonstrations which varied in the last six years between approx. 5000 and 9000 annually; but due to a conspicuous qualitative increase in the violence used in such riots, they are, in absolute terms, a substantial cause of concern. Police officers report concurrently on an increasing "sadistic pleasure in brutal violence" (throwing of cobblestones, steel bullets and Molotov-Cocktails). In the course of such a violent demonstration against the extension of the runway west at Frankfurt Airport, two police officers were killed by rioters in November 1987. At the same time, extremist attacks against high-voltage transmission towers have increased. While such offences were quite rare before 1985, they have been clearly on the increase ever since: 1986 - 57 attacks, 1987 - 66 attacks. Squatting also has developed to become a problem of crime policy. This holds true for Hamburg, where houses in the HafenstraB3e are illegally occupied by rioters and so-called autonomous groups, for Diisseldorf (Kiefernstra3e) and for Berlin-Kreuzberg. In Kreuzberg, a city district with a substantial foreign population and a significant number of young people who have come to Berlin from the Federal Republic, there have been downright street- battles in spring 1987 and this spring. There have also been substantial riots in connection with the European Football Championships which took place in the Federal Republic. I take it that you are familiar with such phenomena in your countries, too; after all, violence is a challenge to constitutional states throughout the world. In order to make it pos- sible for the German Violence Commission to benefit from the experi- ence gathered by similar bodies in other countries, Prof. Dr.Dr. Hans Joachim Schneider from Miinster and Ministerialrat Dr.Dr. Konrad Hobe from Bonn have been commissioned to analyze the reports of the American and the French Commission and their respective proposals for the prevention and repression of violence. II. The Mandate assigned by the Federal Government The decision of the cabinet by which the Federal Government set up the Violence Commission reads as follows: "1. Based on the coalition agreement on domestic and legal policy dated March 10, 1987 (section I 2) an "Independent Federal Commission 186 German Violence Commission for the Prevention and Combat of Violence (Violence Commission)” shall be established. By the end of 1989, the Violence Commission has to - prepare a secondary analysis on the causes of violence, in particular of politically motivated violence, - of violence in the streets and in public squares, - of violence in stadiums, ' of violence i1n schools and [} of violence in the family; and to - develop plans which must be based on practical and operational requirements, so that they can be implemented if possible even on a short term basis - by the legislative, administrative, and judicial authorities. The details on staffing, organization, and working methods of the Commission contained in the paper prepared by the Federal Minister of the Interior in cooperation with the Federal Minster of Justice, are approved". This means that the Federal Government expects the Commission not only to analyse the causes of violence but also to develop proposals for measures to be taken in order to combat violence. Both tasks are of equal importance. III. Structure and Working Methods of the Violence Commission On behalf of the Federal Government, the Chairman of the Violence Commission prepared a working program which was subsequently ap- proved by the Federal Minister of the Interior. It is interesting to note that in February 1988 the United States’ National Academy of Sciences recommended the setting up of a second US-Violence Commis-sion, submitting at the same time proposals for its organisation and working methods that are very similar to the German approach. Even the time allocated for the preparation of its report corresponds to the schedule 187 Hans-Dieter Schwind of the German program: i.e. 24 months. The German Federal Commission took up its work in February this year and shall submit its report on February 1, 1990. 1) In explaining the structure of the Commission, I should like to refer to the annexed plan of organisation, which shows that a particular office was established within the Federal Ministry of the Interior in order to support the Federal Commission in its administrative functions. Professor Dr. Jiirgen Baumann from Tiibingen, an internationally re- nowned expert on penal law who will bring in the experience he gath- ered as a Senator for Justice in Berlin, was appointed as Vice-Chairman of the Commission. The Chairman of the Commission, Professor Dr. Hans-Dieter Schwind from Bochum, is a criminologist and served as Minister for Justice in the State of Lower Saxony from 1978 to 1982. All the members of the Commission have already dealt with the phenome- non of violence in earlier functions. As far as their professional back- ground is concerned, there are university teachers as well as experienced police officers and legal experts among the Commission’s members. I am sure that you will know many of the names from literature. The plan of organisation also shows the way the Violence Commis- sion works. In this context, I should like to point out that - the Commission is subdivided into two working groups: Working Group I deals primarily with Crime Prevention; it is made up of experts on criminology and related sciences; Working Group II is primarily concerned with Criminal Prosecution; it is made up of police officers, legal experts with a vast practical experi- ence and scientists working in the fields of penal law and public law. Within each Working Group there are four sub-commissions, each of which 1s to prepare a separate expert opinion on the questions raised by the Federal Government. These preliminary opinions will then be summed up on the interim level in a smaller number of interim opinions which in turn will be summarized in a final expert opinion on the executive level. 188 German Violence Commission As has already been mentioned, this final expert opinion has to be prepared within a period of two years. The first plenary session of the Federal Commission (joint meeting of all members of the Commission) took place on February 4 and 5, 1988 in Bonn. As far as technical questions are concerned, the following decisions were taken: - First: "The term ’violence’ is to be defined under the aspect of the government’s monopoly on violence. The main 1ssues to be discussed in this context are physical force used as a form of coercion and violence against individuals and/or property, whether used as a form of coercion or not. Physical violence in road traffic and structural violence are not to be considered." Second: The comprehensive task assigned by the Federal Government has to be fulfilled within a limited period of time and must therefore be interpreted as follows: "The investigation and any proposals for potential solutions have to concentrate on politically motivated violence and on violence in the streets and in public squares. Yet, violence in the stadiums, in schools and within the family are also to be examined as far as possible. In this respect, it is the sub- commissions themselves that are to decide on the focus of therr interest. Explanations: "In this context violence in the streets and in public squares" means problems connected with rockers and punks, pheno- mena such as those in the HafenstraBBe or in Kreuzberg but also riots such as those in Rheinhausen. Phenomena and causes of terrorism in the strict sense of \the term (ie. Red Army Fraction - RAF) are not to be examined, except for the ways and means used to recruit potential terrorists." 2) The working program of the Federal Commission is aimed at reflecting a broad variety of different opinions. This is why criminal experts of different disciplines are involved (psychology, psychiatry, sociology, criminology, practical police work, legal practice, penal law, public law). Furthermore, each of the eight sub-commissions shall call 189 Hans-Dieter Schwind in additional experts in order to broaden the view on individual prob- lems. a) One Sub-commission (practical police work), for example, heard squad leaders from all parts of the Federal Republic who comman- ded police forces in major demonstrations. This sub-commission is made up of two high-ranking police officers from two Federal States, the chief commissioner of a major city (Frankfurt) and a renowned police psychologist. Sub-commission 6 (Legal practice) consequently relies on the advise of judges, prosecutors, and defense attorneys who bring in the experience they gathered in relevant legal proceedings. There is the President of a Higher Regional Court (Braunschweig), a Federal Prosecutor and two senior ministerial officials on this sub- commission. b) The fact that violence cannot be eliminated by means of penal law alone, is, as you all know, a commonplace of criminology. Therefore, it is quite appropriate that the Commission should also examine possibilities of preventing violence. The differences with respect to the objectives (i.e. the scope of work) of the two Working Groups are as follows: Criminal Prosecution (Working Group II) is aimed at increasing the risk of failure for the perpetrator and at diminishing the prospect for successful followup operations or repetitions if he- should succeed initially. Crime Prevention (Working Group I) focuses on the promotion of a legal consciousness and a sense of justice. The difference between both terms consists in the fact that the sense of justice is emotionally controlled (and therefore regarded as something rather irrational), while legal consciousness develops on the cognitive level (and is therefore considered as a rational element). In my view, legal consci- ousness under this definition requires - first: knowledge of the relevant law(s) (the problem of being adequately informed), 190 German Violence Commission - second: understanding of the relevant law(s) (i.e. comprehension of its/their meaning), - third: approval of the law (or at least acceptance of the law as a valid authority) and - forth: respect for the law (i.e. conduct in conformity with the law) This means that legal consciousness contains not only a cognitive element but also a connative element (i.e. an element related to behavi- our). Changed attitudes towards legal and social standards are due to the reassessment of certain values and/or to changed attitudes within society. Some figures from polls carried out by the German Allensbacher Insti- tute for public Opinion Research may serve to underline this: - First: Changed assessment of religious values The number of those who regularly attend church services has dropped significantly: Between 1952 and 1982 the percentage of catholics regularly attending mass dropped from 51 % to 32 %, while the rate of protestants regularly attending the divine service fell from 13% to 6%:; - Second: Changed attitude towards marriage and moral values In 1967, 43 % of young men and 65 % of all young women were opposed to living together without being married; six years later (in 1973), 87 % of all young men and 92 % of all young women ap- proved of this kind of partnership. - Third: Changed attitude towards authority The young generation obviously regards any kind of authority with suspicion. A mere 14 % of the 18 to 24 years old think that "one This should generally obey instructions given by one’s superior." changed attitude towards traditional values is reflected by the follow- ing saying (which I recently learned from a taxi driver in Berlin): "The old saying went: As long as you still have your mother, thank God and be content. 191 Hans-Dieter Schwind Today the saying goes: As long as you still have your father, make him sweat; it was him who brought you into the world, now it is up to him to support you". In view of these phenomena it will hardly surprise anyone that legal consciousness, too, has been affected by this changed attitude fowards traditional values. This has also had an effect on the approval of stand- ards and their acceptance. The key-word in this context is "the erosion of standard concepts". "It often happens that people use small amounts of material they have taken from the office for private purposes. Do you think that this is 0.k. or do you think this should be done in exceptional cases only or do you think that it should never be done?" In 1959 23 % of those interviewed answered "I think it’s 0.k." or "this should be done in exceptional cases only"; in 1985 47 % of the persons interviewed opted for these answers; among the 16 to 29 years old the approval ratc? even amounted to 60 %. Resistance against police officers ("using violence against the police") is considered as something "absolutely inadmissible" by a mere 40 % of all 18 to 24 years old. The Federal Commission’s sub-commissions dealing with Crime Pre- vention (ie. sub-commissions 1-4: psychology, psychiatry, sociology, criminology) therefore examine the following questions: "Why is it that the sense of justice and legal consciousness are con- stantly on the decline in large parts of the population?" (By the way, this ist true not only for our country, but for almost all countries in the world.) Where are the origins of violence and of slogans such as: - "Let’s destroy the things that destroy us" or - "Rage against the Pigs’ System". And what can be done in order to stop and revert these tendencies? The subjects to be discussed in connection with the progress of sociali- 192 German Violence Commission zation (keyword: transfer of violence) range from education within the family (different educational methods), to stress and conflict management in school, to the influence of school books, to problems of integration and to the cathartic effect of horror videos, hooliganism and disco- theques. I hope you will understand that I cannot make any further comments on technical problems. The Commission has just started to form an opinion about these matters. We still have one and a half year until the final report’ has to be submitted. I would set a negative example or at least interfere with the Commission’s work, if I were to anticipate the discussion on individual topics now. Therefore, this contribution has to be considered just as a preliminary information. In conclusion and for good reason, I should like to warn those political forces which think that the problem .of violence can be solved by playing it down (referring, for example, to the declining birth rate in our country): If the democratic constitutional state should prove to be unable to cope with violence in the short term (prosecution) and in the long run (prevention), the citizens may opt for a different type of state, that would guarantee public order but that might no longer be a constitutional state. 1 The final report and the individual reports of the different sub-commissions will be published in spring 1990. 193 Criminological Research within Criminal Justice Authorities in the Federal Republic of Germany Lower Saxony Department of Justice Hanover, FRG by Burkhard Hasenpusch I. lntroduct_ion The German Act on Corrections of 1976 provides in its section 166 for the establishment of a "Criminological Service", charged with the scientific development of corrections in general and correctional methods in particular. The results of this research are to benefit the interests of the administration of criminal justice. So much for the law. It was drafted at a time when the hope regar- ding the rehabilitative potential of "corrections” was still unbroken and the belief that social science could help in shaping the welfare state was part of the ideology of the then social-democratic government. The results of numerous evaluation studies of correctional programs in North America, the distressing realization that "Nothing Works" - all that remained unheeded. But while - already questionable - ideas formed the law, lacking funds and conservative tendencies in the correctional bureaucracies determined its implementation. As for the facts: Only three out of eleven Lander (states) in the Federal Republic of Germany have estab- lished a Criminological Service: Baden-Wiirttemberg, Lower Saxony, and Northrhine-Westphalia. In each of these states, some two or three professionals conduct - among other tasks - research on issues such as - the reduction of recidivism among young drug-addicted prisoners by 195 Burkhard Hasenpusch special correctional programs (Baden-Wiirttemberg), the recidivism of short-term prisoners admitted to immediate work- furlough and thus be able to retain their former occupation (Baden- Wiirttemberg), the recidivism of drunken drivers after special training courses (Ba- den-Wiirttemberg), the preventive effects of correctional interventions on the rehabilita- tion of young prisoners (Northrhine-Westphalia), the recidivism of a cohort of young prisoners released in 1981 (Northrhine Westphalia), the recidivism of adult prisoners after academic or vocational training courses (Lower Saxony), or the compilation of criminal statistics from the data of the criminal records office (Lower Saxony). Besides such research, these professionals have to conduct ad-hoc analyses of various statistics on politically very urgent topics and compile routine statistics on prison administration, to name only a few additional tasks. The location of these research units within the prison administration differs from state to state: in Baden-Wiirttemberg, it is linked to the Corrections Academy and thus corresponds closely to the traditional academic setting combining teaching and research. In Northrhine-West- phalia and in Lower Saxony, it is organizationally part of the Ministry of Justice, but while in Northrhine-Westphalia, the researchers are physically located at various correctional institutions, including the Cor- rections Authority supervising the prisons, in Lower Saxony, the resear- chers are officers of the Corrections Division of the Ministry. This latter arrangement probably facilitates both their cooperation among each other and their communication with the political and administrative decisionmakers. In the other Lander, a Criminological Service as such is non-existent - administrative action in this context, e.g. the authorization of research projects or correspondence with criminological research centers, are among the responsibilities of individual professionals in the Department of Justice or in a iarger prison. 196 Crniminological Research within Criminal Justice Authonties, Hanover Il. Organization of Scientific Counselling in Regard to Criminal Policy and of In-House Criminological Research in the Lower Saxony Department of Justice In 1978, Professor Schwind, then Minister of Justice in Lower Saxony, established a "Research and Planning Unit" with seven professionals and four clerical staff. The work of this unit has been described in a booklet "Examples of Criminology in Action" (1983). In the ten years since, a certain attrition took place: In a few weeks time, only one professional (myself) will be charged with statistics and research. While the "Research and Planning Unit" was originally independent of the other Divisions in the Ministry, the present research unit is part of the Corrections Division. It consists of three parts: Section 406: Research in the Administration of Criminal Justice, Pilot Projects, Prisoners’ Aid Section 407: Professional Services in Corrections, Prevention Program Police/Social Workers Section 408: Criminological Research, Crime Prevention, Corrections Statistics, Planning in Corrections. The tasks of these sections which resemble most closely the legal definition of the Criminological Service include - the collection and analysis of monthly and annual statistics on corrections and - research on current issues in corrections such as offences by prisoners on leave, social characteristics of young prisoners in short-term detention, administration of pre-trial detention of young offenders, recidivism after academic and vocational training for adult prisoners or after community-based socio-pedagogical courses for young offenders, etc. In the near future, the introduction of computers into most fields of prison administration will create new opportunities for the collection of data for such research. It will possibly also create, however, new pro- 197 Burkhard Hasenpusch blems relating to the protection of and the access to these highly sensi- tive data. This computerization of correctional data will probably also lead to an increased demand for up-to-date information on various groups of prisoners. II1. Scientific Principles and Political/Administrative Interests Research organized within a governmental body such as a Depart- ment of Justice cannot be pure science in an academic sense. Its pur- pose is not to develop and test scientific theories, but to provide syste- matic, empirical answers to questions arising in the administration of criminal justice which cannot be answered on the basis of general experience alone. This has two major implications: 1. The topics of such research are derived frofi administrative or political issues and 2. The audience of research reports consists primarily of administrators, publiczation is not essential, even though it is in the interest of both the researcher and the institution. While the topics of in-house research are often of little scientific appeal (e.g. ways of predicting and preventing offences by prisoners on leave or recidivism after certain correctional measures), the methods applied in the course of this research have to meet the standards of the scientific community. The presentation of research results has to be concise and formulated in a language free from scientific "jargon". Conclusions from such research will not be in terms of theoretical interpretations, but rather in terms of practical implications and applica- tions - even though a call for further research may be a frequent con- clusion, as it is in academic research. Political interests can conceivably have two effects on such research: The research itself may serve as an alibi for undesired action, and research results may be kept unpublished because the results are embar- rassing - or too positive and thus requiring costly expansion of a given project. I know of no example, however, for such political influence on research in the Lower Saxony Department of Justice. 198 Criminological Research within Criminal Justice Authorities, Hanover IV. Data Access and Data Protection Access to data produced within the administration of criminal justice is obviously easier for a researcher within the administration - be it, because he obtains such data (e.g. regularly compiled statistics) as part of his normal job, be it because he may instruct the prison officials to collect such data, provided he can convince his colleagues and superiors that research on this issue is in the interest of the prison administration. While the former data are accessible to external researchers as well, the latter data-collection, which can be quite time-consuming, will depend on whether the administration is interested in the rgsearch. Any information referring to identifiable persons (prisoners, officers, judges, etc.,), however, is difficult to obtain both for in-house and exter- nal researchers. The regulations on the protection of privacy are quite strict in Germany and in relation to research, will be even stricter in the forseeable future. Since data in the criminal justice field almost always are highly sensitive data, there are requirements on the (informed) consent of those persons whose data are to be analyzed as well as on the restricted access to these data. In this context in particular, problems and controversies may arise in the future, since technically a considerable amount of data on individual prisoners will be easily available due to the computerization of the prison administration, but legally, the use of such data will be lLimited, depending on the purpose for which they are to be analyzed. Thus, for the administrative supervision of the prisons by the Department of Justice or for responses to parliamentary inquiries, data might be used which would not be released for research, be it in-house or external. V. Conclusion: The Role of the Criminological Service in Politics and Science Considering the experience in Lower Saxony, the actual role of the Criminological Service falls short of its legal definition. Besides admini- strative routine work, it provides constlting services as well as quick (but not dirty) analyses on correctional issues. Whether these analyses are actually used in decision-making or merely serve to legitimize after 199 Burkhard Hasenpusch the fact decisions made for other reasons is difficult to decide. In relation to science, the role of the Criminological Service is two- fold: Regarding the publication of its research results, its role is similar to the one of other researchers. In addition, it plays a dual role of advocate and interpreter: By influencing the decision on requests for access to data or by counselling researchers on particular aspects of their research design, the Criminological Service assists in the production of research on corrections. By presenting summaries of research bearing on correctional issues, the Criminological Service facilitates the applica- tion and acceptance of research. VI. References Berkhauer, F.. Straftaten wahrend Vollstreckungsunterbrechung nach § 455a StPO im Jahre 1984. In: Der Niedersdchsiche Minister der Justiz (Hrsg.): Rechtstatsachliche Untersuchungen aus Niedersachsen zu Straf- vollzug und Bewihrungshilfe. Uberbelegung, Riickfall, Prognose, Voll- zugslockerungen. Hannover 1986a. Berckhauer, F.: Straffalligkeit wahrend Vollzugslockerungen. Eine repra- sentative Untersuchung aus Niedersachsen. In: Der Niedersichsische Minister der Justiz (Hrsg.): Rechtstatsachliche Untersuchungen aus Niedersachsen zu Strafvollzug und Bewihrungshilfe. Uberbelegung, Riickfall, Prognose, Vollzugslockerungen. Hannover 1986b. Berckhauer, F.: Bevolkerungsentwicklung und Justiz. Fortschreibung justizstatistischer und demographischer Trends als brauchbare Planungs- grundlage fiir Bewahrungshilfe und Strafvollzug? In: Der Niederséichsi- sche Minister der Justiz (Hrsg.): Rechtstatsdchliche Untersuchungen aus Niedersachsen zu Strafvollzug und Bewihrungshilfe. Uberbelegung, Riickfall, Prognose, Vollzugslockerungen. Hannover 1986c. Berckhauer, F.: Riickfalluntersuchungen aus Niedersachsen: Ergebnisse zur spezialpraventiven Wirkung strafrechtlicher Sanktionen. In: Goppin- ger, H., Vossen, R. (Hrsg.): Riickfallkriminalitit. Fiihrerscheinentzug. Stuttgart 1987. 200 Criminological Research within Criminal Justice Autbon'tics, Hanover Berckhauer, F.,, Hasenpusch, B.: Die Bewahrungshilfestatistik: Vom Beschreiben zum Gestalten. Statistische Daten als Planungsmittel in der Bewihrungshilfe. In: Steinhilper, G. (Hrsg.): Soziale Dienste in der Strafrechtspflege. Praxisberichte und Untersuchungen in Niedersachsen. Heidelberg 1984. Hasenpusch, B., Berckhauer, F..: BildungsmaBBnahmen im Justizvollzug. Vorschlage fiir die Auswahl von Teilnehmern. In: Stemhilper, G. (Hrsg.): Soziale Dienste in der Strafrechtspflege. Praxisberichte und Untersuchun- gen aus Niedersachsen. Heidelberg 1984. Otto, M.: Praxis des sozialen Trainings. Curriculum fiir die Anwendung im Strafvollzug. Hrsgg. vom Nidersdchsischen Minister der Justiz. Han- nover 1986. Steinhilper, G.: Kriminologische Forschung und Planung im Niederséchi- schen Justizministerium. In: Schwind, H.-D., Steinhilper, G. (Hrsg.): Modelle zur Kriminalititsvorbeugung und Resozialisierung. Beispiele praktischer Kriminalpolitik in Niedersachsen. Heidelberg 1982. Steinhilper, G.: Der Kriminologische Dienst. In: Schwind, H.-D., Blau, G. (Hrsg.): Strafvollzug in der Praxis. Eine Einfiihrung in die Probleme und Realititen des Strafvollzuges und der Entlassenenhilfe. 2. Auflage, Berlin, New York 1988. Steinhilper, G., Berckhauer, F.: Kriminologische Forschung als Beitrag zur Kriminalitatsvorbeugung. In: Schwind, H.-D., Berckhauer, F., Steinhil- per, G. (Hrsg.): Praventive Kriminalpolitik. Beitrage zur ressortiibergrei- fenden Kriminalpravention aus Forschung, Praxis und Politik. Heidelberg 1980. Steinhilper, M.: Untersuchungshaft bei 14-15jahrigen in Niedersachsen. Bestandsaufnahme fiir 1977 bis 1982 mit Uberlegungen zur einstweiligen Unterbringung in Einrichtungen der Jugendhilfe. In: Der Niedersachsi- sche Minister der Justiz (Hrsg.). Hannover 1985. 201 Burkhard Hasenpusch Steinhilper, M.: Bericht iiber einen Modellversuch in Uelzen. Mit Emp- fehlungen fiir den Ausbau ambulanter Betreuungsprogramme. In: Der Niedersachsische Minister fiir Justiz (Hrsg.): Neue ambulante MaB3nah- men nach § 10 Jugendgerichtsgesetz in Niedersachsen. 2. Auflage, Han- nover 1986. Steinhilper, M.: Untersuchungshaftvollzug an jungen Gefangenen in Niedersachsen. In: Koop, G. (Hrsg.): Praxis des Untersuchungshaftvoll- zugs - Probleme und Reformen. Lingen 1988a. Steinhilper, M.: Gemeinsam Lernen fiir ein Leben in sozialer Verantwor- tung. Praxisbericht iiber die Einfithrung des sozialen Trainings im nieder- sachsischen Justizvollzug. Kriminalpddagogische Praxis 27, 1988b. 202 The Research Unit on Criminology and Criminal Investigation of the Bundeskriminalamt (BKA) in Wiesbaden by Hans Udo Storzer I. Introduction: "State Criminology" - a German Problem I1. Police Research in the Bundeskriminalamt A. Development B. Organisation C. The Research Unit on Criminology and Criminal Investigation 1 Staff Organisation of Activities The Research Work 1n Detail Services a) Library b) Computer-aided Documentation System for Police Literature c) Meetings d) Series of Books D. Data Access E. Effectiveness at the Political Level III. Conclusion: The Actual Problem of Criminological Research 203 Hans Udo Storzer The "Kriminalistisch-kriminologische Forschungsgruppe" (Research Unit on Criminology and Criminal Investigation) of the Bundeskriminal- amt (Federal Criminal Police Office) is the subject of the first presenta- tion on criminological research facilities that are part of public authori- ties in the Federal Republic of Germany. I. Introduction: "State Criminology" - a German Problem These criminological in-house research facilities are a subject of controversy in our country'. Their staff are suspected by some university scientists to be ’state criminologists’ subjected to instructions ’from higher up’ to engage in justification research in crime-control policy, and the suspicion is voiced that institutionalising ’state criminology’ is de- signed to dry up ’free’ research work at the universities. The fact that such criticism has been carried into the English-speaking® and French- speaking® world requires that some comments be made at this point. Of course, the work of a research facility within a public authority must correspond to the authority’s overall terms of reference; the projects of the Research Unit on Criminology and Criminal Investigation of the BKA, a central police authority, must therefore be, first, police-related and of a basic and at least more than regional importance and, second- ly, oriented towards practical problems and have a potential for imple- mentation. In that respect - ie. as regards the choice of subjects to be studied - in-house research by public authorities is indeed ’depen- dent’. However, in carrying out the projects (choice of methods, interpreta- tion of the results etc.) - and this is the decisive factor - civil-service researchers are just as free as their colleagues at the universities (nearly all of which, by the way, are state-owned!). As a consequence, the results have so far always been published - in journals and/or mono- references. For a discussion of this, see Storzer 1983 and 1989 a, in each case with further E.g. Brusten 1981 a. E.g. Brusten 1981 b; Brusten/van Outrive 1981. 204 Research Unit of the Bundeskriminalamt, Wiesbaden graphs® - and thus presented to the specialist community for critical discussion. And one only has to compare the manpower resources of the two to see that the fear that criminology at the university must enter into sort of a ’cut-throat’ competition with in-house research facilities of public authorities is senseless. I1. Police Research in the Bundeskriminalamt A. Development Scientific research into crime has a long tradition at the Bundes- kriminalamt. The starting point was the task of the former "Reichs- kriminalpolizei" police force to analyze the experience gained in practical CID work and the results of (external) research and to turn these to profit for anti-crime policy. Therefore, from its very inception in 1951, the BKA had a unit called "Kriminalistisches Institut" ( Research and Training Institute) which engaged - though only on a modest scale - in research into crime and criminal investigation. In 1972, the BKA started to set up and develop the 'Research Unit on Criminology and Criminal Investigation’, as it was at first required by the Permanent Conference of Interior Ministers/Senators of the FRG under their ’Program for the Internal Security of the Federal Republic of Germany’ and as from mid-1973 also legally bound by the amended 'Law concerning the estab- lishment of a Federal Criminal Police Office (BKA)’ (Art. 2, (1), nos. 4 - 6). The BKA‘s research unit is the oldest of the criminological in- house research facilities forming part of public authorities in the Federal Republic of Germany and presented in this volume®. B. Organisation Today, the Bundeskriminalamt is subdivided into twelve divisions, one of which is the Research and Training Institute. This in turn is composed of four units: one for training, one for advanced training, plus 4 The final reports are usually published in the BKA Research Series; for further details see section II. C. 4. d) below. The specialist journals contain contributions to specific projects (e.g. Schmitz/Plate 1977 conc. vol. 6, Baurmann 1986 conc. vol. 15, Bichler/Leineweber 1984 conc. vol. 18 of the BKA Research Series ), besides reviews on the activities of the Research Unit on Criminology and Criminal Investigation (e.g. Steinhilper 1977; Kube 1978 pp. 439 - 441; Kube 1980; Kube/Re- bscher 1986; Kube 1988. Also cf. Gemmer/Kube 1975). 5 For a more thorough discussion, see Storzer 1983 pp. 71-73. 205 Hans Udo Stérzer two interdisciplinary research units: one for technological matters and one for criminological and criminal investigation subjects®. C. The Research Unit on Criminology and Criminal Investigation 1. Staff The responsibilities of the Research Unit on Criminology and Crimi- nal Investigation include research as well as quite a number of service tasks. The unit has a staff of 57 (as of Dec. 31, 1987). The researchers number 16 and include lawyers and criminologists, economists and sociologists, senior police officers plus one psychologist, one mathemati- cian, and one physicist; research work is supported in particular by higher ranking police officers. Services are provided by librarians and documentalists, amongst others’. 2. Organisation of Activities A firm structure for the distribution of research activities is found in the Unit’s six specialist sections: criminological fundamentals, crime statistics and crime analysis, offence and offender categories, crime- control policies and methods, legal matters relating to practical police work, and operational and security technology®. (This later section I shall not describe in more detail as an organisational change is imminent to move it to the natural-science and technology research unit). Within the specialist sections, certain subjects to be studied over prolonged periods have been defined as priority areas of activity. At the present time, these include for instance crime statistics, research methods and EDP, juvenile delinquency, economic crime, violent crime, victimology, police organisation and planning, police tactics and strategy, and anti- crime policy’. Roughly speaking, the activity of the Research Unit on Criminology and Criminal Investigation covers phenomenological studies of individual crime categories, the analysis of existing, and the develop- ment of new methods in police work, and the analysis of crime trends. 6 Cf. Bundeskriminalamt 1987 pp. 62-66 and 1988 b. 7 Cf. Bundeskriminalamt 1988 b, KI 1, pp. 1/2. 8 See the organisational chart in Bundeskriminalamt 1988 b, KI 1, p. 3. 9 Cf. Bundeskriminalamt 1988 b, KI 1, pp. 2, 3. 206 Research Unit of the Bundeskriminalamt, Wiesbaden In all of these activities, equal attention is paid to the two aspects of prevention and prosecution’. Over the past few years, there has been an increasing tendency in the Research Unit to carry out projects with in-house staff. Besides that, however, it is also current practice either to commission external experts (as a rule university members) or scientific institutes (such as the Max- Planck Institute for Foreign and International Criminal Law in Freiburg i. Br.) to perform contract research or to cooperate with such ’contrac- tors’ for a given project'’. 3. The Research Work in Detail Some examples of just completed or still ongoing projects shall now serve to illustrate in concrete terms the BKA’s research activity in the fields of criminology and criminal investigation. Most recently presented were, for instance, the final reports on an empirical study on environ- mental offences (external project)’?, on an analysis of organised crime in the Federal Republic of Germany (in-house project)’®, and on a critical analysis of the concept of ’violence’ (cooperative project)'. Scheduled for publication this year are a replication study on the 1975/- 76 Bochum victimisation survey (cooperative project)', the results of a representative survey of the population on the seriousness rating of various acts of violence and an analogous survey within the police (in- house project)'®, a report on the feasibility of telephone surveys of victims of violence in the FRG (cooperative project)’’, and a study on the causes of false alarms and their impact on police (in-house pro- ject)'®. Presently in preparation are, for instance, a survey among experts on the significant phenomena of violence in everyday police work (in- 10 Cf. Bundeskriminalamt 1988 b, KI 1, p. 1. 11 Cf. Bundeskriminalamt 1988 b, KI 1, p. 2. 12 Wittkdamper/Wulff-Nienhiiser 1987. 13 Rebscher/Vahlenkamp 1988. 14 Bundeskriminalamt 1986 und 1988. 1S For an advance information see Schwind 1988 and Weil 1989. 16 For an advance information see Baurmann/Plate/Storzer 1988 pp. 120, 121/122, 132 footnote 123 b, 138. 17 For an advance information see Storzer 1989 b. 18 For an advance information see Buchler 1987. 207 Hans Udo Storzer house project)'® as well as studies on addict crime committed for indi- rect drug procurement and crime committed as a result of drug use, on the confiscation of drug-related profits, and on police processing of environmental offences (external projects). 4. Services Besides its scientific tasks, the Research Unit on Criminology and Criminal Investigation offers a number of central services for the Bun- deskriminalamt and German police in general, almost all of which can also be used by interested experts expecially in the legal and scientific communities. a) Library A specialised library for policing, criminal investigation, criminology, and forensic science currently holds about 60,000 volumes and around 450 periodicals®. b) Computer-aided Documentation System for Police Literature A computer-aided documentation system (COD) for criminal-science literature presently provides some 23,000 source references - most of them combined with an abstract of the source publication®'. c) Meetings Every autumn, a BKA Conference is held on significant topical subjects drawn from the fields of criminal investigation, ‘forensic science, or anti-crime policy. In addition, smaller symposia are organised at irregular intervals where scientists and practitioners can discuss basic matters of crime and its contro 1%, 19 For an advance informtion see Baurmann/Plate/St6rzer 1988 pp. 117, 125, 127, 132, 135, 138. 20 For further details see Hefele/Storzer/Wallraff 1982 pp. 127-133, 139-141; Bundes- kriminalamt 1988 b, KI 1, pp. 24-26. 21 For further details see Hefele/Storzer/Wallraff 1982 . 127-129, 133-141; Bundes- kriminalamt 1987 pp. 64, 65 and 1988 b, KI 1, pp. 5 / 24; Gobel/Storzer 1987. 22 For further details see Bundeskriminalamt 1988 b, KI 1, p. 26. 208 Research Unit of the Bundeskriminalamt, Wiesbaden d) Series of Books Finally, the Research Unit acts as editor of numerous publications®. In the "BKA - Vortragsreihe" (BKA Series of Conference Lectures) the papers and discussions derived from the BKA Conferences are pub- lished. The personal training and advanced training of the CID officer is the objective of the "BKA-Schriftenreihe" (BKA Monograph Series). In particular the final reports of the Research Unit’s in-house or external projects are published in the "BKA-Forschungsreihe" (BKA Research Series); smaller-scale studies and the proceedings of symposia are edited as special volumes within this series. In order to translate the results of research work to practical police use, we also publish the "Berichte des Kriminalistischen Instituts" (Series of Reports of the Re- search and Training Institute) and the "Informationsblatt ’Forschung und Entwicklung™ (Research and Development Newsletter), which ap- pears at least twice a year as supplement to the "Bundeskriminalblatt" (BKA’s Federal Law Enforcement Bulletin). Every year, the "Polizeili- che Kriminalstatistik" (Police Crime Statistics) compiles all figures avail- able on police crime-control activities at the federal and state levels. The great wealth of criminal-science literture is dealt with in the "BKA- Bibliographienreihe" (BKA Series of Bibliographies) featuring compila- tions of literature on certain subjects and also in the volumes of the "COD-Literatur-Reihe" (COD Literature Series) accompanying the BKA Conference. With the exception of the volumes of the BKA Monograph Series, the foregoing publications are distributed free of charge. D. Data Acéess With regard to the problems of data access and data security, the BKA'’s research activities have so far not been decisively handicapped by Federal and State data protection legislation and the impact of the 1983 ’census ruling’ of the "Bundesverfassungsgericht" (Federal Consti- tutional Court). In particular, permission to use personal data has always 23 For a discussion of the following, see Kube/Storzer/Eyrich 1985 pp. 452/453; Btfndeskriminalamt 1988 b, KI 1, pp. 21-23. Also cf. Bundeskriminalamt 1987 p. 209 Hans Udo Stérzer been obtained from the subjects concerned. Citizen interviews have never been carried out by the Research Unit’s own staff, but have been commissioned out within external or co-operative projects; after all, one can hardly expect the citizen interviewed to be aware of the strict organisational separation between the BKA’s research work and its investigative activities. On the other hand, when it came to interviewing police officers, it even turned out to be an advantage to use members of the research team, since any difficulties that may arise can be easily resolved between colleagues. As far as the analysis of records is con- cerned, the Bundeskriminalamt does not face the problems sometimes encountered by other research entities who deal with the authorities responsible for records relating to criminal cases (prosecutor’s offices or local courts). The BKA is able to invoke the State Criminal Police Offices’ legal obligation to provide the support needed for accomplish- ing its tasks and to ask for the duplicates of files they have. Finally, the conditions for rendering the personal data secure and anonymous were also easily fulfilled®. E. Effectiveness at the Political Level So much for the actual research work of the BKA’s Research Unit on Criminology and Criminal Investigation. The question remains as to whether, and how its results have an impact on the development of anti- crime objectives at the political level. As was previously mentioned, all the results of our research work are published. Experience has shown, however, that politicians do not read voluminous final reports. A more effective measure is inviting them to the annual conferences not only as speakers, but above all as regular participants. .As an authority subordinate to the Federal Ministry of the Interior, the Bundeskriminalamt is frequently asked to comment on issues concerning anti-crime policy. As a rule, the Research Unit on Criminology and Criminal Investigation is at least involved in, if not completely in charge of, answering. A similar situation is when the BKA is asked to submit a contribution to a speech held by a politician on domestic affairs. Finally, the direct presentation of scientific findings for the anti-crime decision-making process is possible when members of the 24 For a.more thorough discussion, see Rebscher 1987 pp. 369, 371-377. 210 Research Unit of the Bundeskriminalamt, Wiesbaden Research Unit personally appear to be heard by legislative committees and bodies To what extent the foregoing efforts have an impact on crime-con- trol programs or even legislation is a question that requires further investigation. I am not sure, however, if the result would be very motlva- ting. But be that as it may: we will go on researching! III. Conclusion: The Actual Problem of Criminological Research Now to come back to the imitial considerations, it should have be- come clear, looking at the example of the BKA’s Research Unit on Criminology and Criminal Investigation, that police are not at all keen as has been predicted, on ’getting criminology ... under their control’®® )27 or even ‘managing criminology on their own On the contrary, they bave an interest in cooperating with the universities. The real problem of criminological research - without wanting to go into detail here - resides not 1n a laboriously fabricated controversy between ’state crimi nology’ and ’free research’ but in a tension-prone relationship between science and practice Owing to the fact that organisationally the Re- search Unit on Criminology and Criminal Investigation is part of a police authority and that police officers are also involved in its research activities it can act as mediator, like other research facilities within public authorities This 1s a great chance for criminological research altogether References Baurmann, Michael C.: Longitudinal Study of Cases of Sexual Assault Typology and Emotional After-Effects. In: Koichi Miyazawa and Minoru Ohya (eds.): Victimology in Comparative Perspective. Papers given at the For a general discussion, see Wernitz 1983, Blath 1985, Quensel 1985 and Kube 1986 p. 117 26 Brusten 1980 a p. 39 footnote 4 27 Brusten 1980 b p. 69 28 For details see Storzer in Deichsel 1986 p. 231. Also cf. Stérzer 1983 pp. 76-78 83 and 1985 p. 248. 29 For details see Storzer 1983 p. 89/90 and 1985 pp. 248, also cf. pp. 83/84 211 Hans Udo Storzer "Fourth International Symposium on Victimology" 1982 in Tokyo-Kyoto Tokyo 1986, p. 211-217 Baurmann, Michael C., Monika Plate und Hans Udo Storzer: Polizeirele- vante Aspekte bei1 der Auseinandersetzung mit dem Gewaltbegriff. In Bundeskriminalamt (Hrsg.): Was ist Gewalt? - Auseinandersetzungen mit cinem Begriff Bd. 2. Wiesbaden 1988 (BKA-Forschungsreihe. Son- derbd.), S. 103-152 Blath, Richard: Kriminologische Forschung aus strafrechtspolitischer Sicht. In: Helmut Kury (Hrsg.): Kriminologische Forschung in der Dis- kussion: Berichte, Standpunkte, Analysen. Koln, Berlin, Bonn, Miinchen 1985 (Interdisziplindre Beitrage zur krlmmologlschen Forschung. Bd. 10), S. 77-110. Brusten, Manfred: Handlungsspielrdume der Polizei Grundlegende Perspektiven der "kritischen Instanzenforschung" und ihre "Uberwindung durch die neue "Polizei-Kriminologie". In: Kriminologische Bulletin 6 (1980 a), Heft 1, S. 17-47 Brusten, Manfred: Politik und Praxis der kriminologischen Forschung Anmerkungen zu emner AJK-Podiumsdiskussion in Bremen. In: Krimino- logisches Journal 12 (1980 b), S. 69-72 Brusten, Manfred: Vers une criminologie sous tutelle étatique? Proble- matiques en perspective et stratégies des solutions sous 'angle de la recherche universitaire. Dans: Déviance et Société 5 (1981 a), p. 177- 186 Brusten, Manfred: Social control of criminology and criminologists Descriptions and reflections on some new developments in West Germa- ny. In: State Control on Information in the Field of Deviance and Social Control. Leuven, Vienne, Wuppertal 1981 b (Working Papers in Europe- an Criminology. No. 2), p. 58-77 Brusten, Manfred and Lode van Outrive: The relationship between state institutions and the social sciences in the field of deviance and social ontrol. A first step to international comparative research on the institu- 212 Research Unit of the Bundeskniminalamt, Wiesbaden tionalization of criminological knowledge in Western Europe. In: State Control on Information in the Field of Deviance and Social Control. Leuven, Vienne, Wuppertal 1981 (Working Papers in European Crimino- logy. No. 2), p. 7-51. Biichler, Heinz: Falschalarme - Ursachen und ihre Auswirkungen auf die Polizei. In: Verband der Sachversicherer €.V. Koln (Hrsg.): Schadenver- hiitung und Technik. Fachtagung "Einbruchdiebstahl - Sicherheit durch Technik" am 25./26. November und 2./3. Dezember 1987 in Koln. Refe- rate. Koln 1987 (o. S.). Biichler, Heinz und Heinz Leineweber: Raubiiberfille auf Geldinstitute und Taterwissen. Eine Untersuchung zu Raubiiberfillen auf Geldinstitute und geplante Analysen zur Ausnutzung des Taterwissens. In: Kriminali- stik 38 (1984), S. 476-477. Bundeskriminalamt, Staff Office for Press and Public Relations (ed.): The Bundeskriminalamt (Federal Criminal Police Office). Its tasks and functions in the federalistic system of public security in the Federal Republic of Germany. Wiesbaden (1987). Bundeskriminalamt (Hrsg.): Was ist Gewalt? - Auseinandersetzungen mit einem Begriff -. Band 1, Wiesbaden 1986. - Band 2, Wiesbaden 1988 a (BKA-Forschungsreihe. Sonderbde.). Bundeskriminalamt "Kriminalistisches Institut". Wiesbaden, (Hrsg.): Loseblatt-Ausgabe (Stand: Febr. 1988 b). Deichsel, Wolfgang: Arbeitsgruppe III: Kriminologie und gesellschaftliche Verwertungsinteressen. Diskussionsergebnisse. In: Gabi Loschper, Gerd Manke und Fritz Sack (Hrsg.): Kriminologie als selbstindiges, interdiszi- plinares Hochschulstudium. Internationales Symposium vom 8. - 10. Mai 1986, Universitat Hamburg. Pfaffenweiler 1986 (Hamburger Studien zur Kriminologie. Bd. 1), S. 228-232. Gemmer, Karlheinz und Edwin Kube: Kriminalistisch-kriminologische Forschung des Kriminalistischen Instituts des Bundeskriminalamts. In: Archiv fiirr Kriminologie 156 (1975), S. 65-79. 213 Hans Udo Storzer Gobel, Reingart und Hans Udo Storzer: Das "Computergestiitzte Doku- mentationssystem fiir Literatur". In: IAI (Hrsg.): Rechtsinformationssy- steme. Dokumentation des III. Forums Informationswissenschaft und Praxis am 5. und 6. Juni 1986 in Saarbriicken. Miinchen 1987 (Arbeits- papiere Rechtsinformatik. Heft 22), S. 143-178. Hefele, Bernhard, Hans Udo Storzer und Franziska Wallraff: Bibliothek und Literaturdokumentation im Bundeskriminalamt Wiesbaden. In: Bibliothek. Forschung und Praxis 6 (1982), Nr. 1/2, S. 127-142. Kube, Edwin: Kriminalistisch-kriminologische Forschung in der Bundesre- publik und den USA. In: Kriminalistik 32 (1978), S. 439-444. Kube, Edwin: Kriminalistisch-kriminologische Forschung des BKA. In: Kriminalistik 34 (1980), S. 471-474. Kube, Edwin: Zur Relevanz kriminalistisch-kriminologischer Forschung aus polizeilicher Sicht. In: J6rg-Martin Jehle und Rudolf Egg (Hrsg.): Anwendungsbezogene Kriminologie zwischen Grundlagenforschung und Praxis. Wiesbaden 1986 (Kriminologie und Praxis. Bd. 1), S. 114-121. Kube, Edwin: Kriminalistisch-kriminologische Forschung im Bundeskrimi- nalamt. In: Giinther Kaiser, Helmut Kury und Hans-J6rg Albrecht (Hrsg.): Kriminologische Forschung in den 80er Jahren. Berichte aus der Bundesrepublik Deutschland, der Deutschen Demokratischen Republik, Osterreich und der Schweiz. Freiburg 1988 (Kriminologische Forschungs- berichte aus dem Max-Planck-Institut fiir auslandisches und internationa- les Strafrecht, Freiburg 1. Br. Bd. 34), S. 249-262. Kube, Edwin et Erich Rebscher: La recherche policiére au "Kriminalisti- sches Institut" de I'Office Fédéral de Police Criminelle en République Fédérale d‘Allemagne. Dans: Revue internationale de criminologie et de police technique 39 (1986), p. 420-427. Kube, Edwin, Hans Udo Storzer und Hans-Jiirgen Eyrich: Wissenschaft- liche Kriminalistik - fiir wen? In: Kriminalistik 39 (1985), S. 450-454. 214 Research Unit of the Bundeskriminalamt, Wiesbaden Quensel, Stephan: Kriminologische Forschung: Fiir wen? Oder die Grenzen einer rationalen Kriminalpolitik - Kritische Fragen an meine kritischen Kollegen -. In: Helmut Kury (Hrsg.): Kriminologische For- schung in der Diskussion: Berichte, Standpunkte, Analysen. K6ln, Berlin, Bonn 1985 (Interdisziplindre Beitrdge zur kriminologischen Forschung. Bd. 10), S. 43-76. Rebscher, Erich: Datenschutzprobleme der behordeneigenen Forschung und der Auftragsforschung im Bereich der Polizei. In: J6rg-Martin Jehle (Hrsg.): Datenzugang und Datenschutz in der kriminologischen For- schung. Wiesbaden 1987 (Kriminologie und Praxis, Bd. 2), S. 367-377. Rebscher, Erich und Werner Vahlenkamp: Organisierte Kriminalitit in der Bundesrepublik Deutschland. Bestandsaufnahme, Entwicklungstenden- zen und Bekampfung aus der Sicht der Polizeipraxis, Wiesbaden 1988 (BKA-Forschungsreihe. Sonderbd.). Schmitz, H. Walter und Monika Plate: Rekonstruktion von Tathergingen aus Tatortspuren? FErgebnisse einer empirischen Untersuchung zum ErschlieBen und Melden des modus operandi. In: Kriminalistik 31 (1977), S. 313-317. SchWind, Hans-Dieter: Dunkelfeldforschung in Bochum: 1975 und 1986. Die erste deutsche Replikationsstudie. In: Giinther Kaiser, Helmut Kury und Hans-Jorg Albrecht (Hrsg.): Kriminologische Forschung in den 80er Jahren. Projektberichte aus der Bundesrepublik Deutschland. Freiburg 1988 (Kriminologische Forschungsberichte aus dem Max-Planck-Institut fir auslandisches und internationales Strafrecht, Freiburg i. Br. Bd. 35/2), S. 943-959. Steinhilper, Gernot: Kriminalistisch-kriminologische Forschung im Bun- deskriminalamt Wiesbaden. In: Offentliche Sicherheit 42 (1977), Heft 7, S. 6-9. Storzer, Hans Udo: "Staatskriminologie" - Subjektive Notizen -. In: Hans- Jurgen Kerner, Hans Goppinger und Franz Streng (Hrsg.): Kriminologie - Psychiatrie - Strafrecht. Festschrift fiir Heinz Leferenz zum 70. Ge- burtstag. Heidelberg 1983, S. 69-90. 215 Hans Udo Stbrzer Storzer, Hans Udo: Konzepte der Zusammenarbeit von Wissenschaft und Praxis. In: Bundeskriminalamt (Hrsg.): Zweites Symposium: Wissenschaft- liche Kriminalistik - "Kriminalititsprognose" und "Zusammenarbeit von Wissenschaft und Praxis". Referate und Diskussionsbeitrdge am 2. und 3. Oktober 1984 im Bundeskriminalamt. Wiesbaden 1985 (BKA-For- schungsreihe. Sonderbd.), S. 247-258. Stérzer, Hans Udo: "State Criminology". An old phenomenon - a new problem. In: Edwin Kube, Hans Udo Stérzer and Ronald V. Clarke (eds.): Police Research in the Federal Republic of Germany. 15 Years Research within the "Bundeskriminalamt". Berlin, Heidelberg, New York 1989 a (forthcoming). Storzer, Hans Udo: On the Dark Figure of Violent Crime: Telephone Interviewing of Victims in Heidelberg. In: Edwin Kube, Hans Udo Storzer and Ronald V. Clarke (eds.): Police Research in the Federal Republic of Germany. 15 Years Research within the "Bundeskriminal- amt". Berlin, Heidelberg, New York 1989 b (forthcoming). Weib}, Riidiger: Research on Hidden Crime. In: Edwin Kube, Hans Udo Stérzer and Ronald V. Clarke (eds.): Police Research in the Federal Republic of Germany, 15 Years Research within the "Bundeskriminal- arpt“. Berlin, Heidelberg, New York 1989 (forthcoming). Wernitz, Axel: Kriminalistik und Gesellschaftspolitik. In: Edwin Kube, Hans Udo Storzer und Siegfried Brugger (Hrsg.): Wissenschaftliche Kriminalistik. Grundlagen und Perspektiven. Teilband 1. Wiesbaden 1983 (BKA-Forschungsreihe. Bd. 16/1), S. 11-18. Wittkamper, Gerhérd W. und Marianne Wulff-Nienhiiser: Umweltkrimi- nalitit - heute und morgen. Eine empirische Untersuchung mit Prognose und Empfehlungen fiir die Praxis. Wiesbaden 1987 (BKA-Forschungsrei- he. Bd. 20). 216 Experiences of the Kriminologische Forschungsgruppe der Bayerischen Polizei Criminological Research Unit of the Bavarian Police by Wiebke Steffen The "Kriminologische Forschungsgruppe der Bayerischen Polizei (KFG)" was created in July 1979 as part of the Bavarian Landeskrimi- nalamt (State Criminal Investigation Office) in Munich. This is the second police internal research unit in Germany; the first one was the criminalistic institute of the Bundeskriminalamt in Wiesbaden. It was initiated by the Bavarian Ministry of the Interior and the Bavarian Landeskriminalamt (only now two other State Criminal Investigation Offices in the F.R.G intend to establish similar research units). The Bavarian Ministry of the Interior has clearly defined the basic tasks of the KFG. The KFG shall do criminological research oriented towards practical appiication, which findings should be close to and relevant for actual practice, i.e. they should be available to the police as support in investigations, operations, leadership and organization. The claim for practice oriented research is reflected in the composi- tion of the unit’s staff: 2 social scientists and 3 practitioners (high level police officers). The KFG conducts research projects only on behalf of the Bavarian Ministry of the Interior. The Ministry later receives the elaborated research reports and authorizes the publication. The Bavarian Criminal Investigation Office itself, of which the KFG is an organizational part, has no influence on the selection of the subjects to be treated, neither on the methods and modes of the work, nor on the contents and re- commendations from the research report. This difficult and sometimes complicated organisational solution has certainly made it possible within 217 Wiebke Steffen a hierarchially well structured official authority to do research at least independent of direct instructions. The independence of the KFG’s research work is still guaranteed, as the KFG themselves suggest the subjects of research which are formally ordered by the Ministry of the Interior. The commissions are also formulated in such a general way that the KFG has enough liberty in choosing content and method. The KFG also keep this freedom in their wording of research re- ports, formulation of the research results and especially in presenting recommendations for future performance of police proceedings and police conduct: The KFG has never been told which results and sugges- tions they should reach (though this does not exclude that the KFG is aware of such "wishes" - and it is up to them to what extent they let themselves be influenced). Up to now all research reports have been published exactly as the KFG had presented them to the Ministry - even if their results and recommendations did not turn out in the desired form, which has always been the case. The criterion for the Ministry and Police to accept the research unit and their work are, in addition to the above-mentioned points, especially the degree in which the KFG’s recommendations are actually performed and influencing and perhaps changing police practice. Here, as expected - and certainly not only from the KFG’s point of view - arose the greatest problems and least satisfaction. This partially results from the KFG having too highly expected that such a big and heavy organization, as are the Bavarian police with their approximately 30 000 officers, should be able to acknowledge criticism and be ready to change. Not only police practice has to get accustomed to the parti- cularities of empirical-criminological research, but also the KFG to the conditions, expectations and particularities of police practice - and here especially to their need for precise "operation instructions”, for "recipes’. Therefore the KFG succeeds today much better than before, after 9 218 Criminological Research Unit of the Bavarian Police years of criminological research for and within the Bavarian police, to make concrete practice oriented suggestions, which are easily applicable and performable. And since then, the specific advantages of an internal research umit are better used: For example the knowledge of problems actually con- cerning the practice and the easy access to police data and materials. And there is - not to forget - the fact that the concerned institutions are rather prepared to discuss the results of their own research unit, than to accept research done outside police functions. References: Organisation und Realitit polizeilicher Systeme zur Fallzusammenfiihrung (1980; Teil I der "Untersuchung des datenméaBigen Abgleichs von Téter- begehungsmerkmalen zur Fallzusammenfiihrung"). Intensitit und Perseveranz krimineller Verhaltensweisen (1982; Teil II der "Untersuchung der Moglichkeiten des datenmaBigen Abgleichs von Taterbegehungsmerkmalen zur Fallzusammenfiihrung"). Inhalte und Ergebnisse polizeilicher Ermittlungen (1982; Teil III der "Untersuchung der Moglichkeiten des datenmifBligen Abgleichs von Taterbegehungsmerkmalen zur Fallzusammenfiihrung"). Untersuchung der Moglichkeiten des datenmiaBigen Abgleichs von Tater- begehungsmerkmalen zur Fallzusammenfiihrung. Zusammenfassung und Folgerungen (1982). Gewaltkriminalitit: Statistische Befunde zur Entwicklung der gefahrlichen und schweren Korperverletzungen in Bayern von 1972-1983 (1984). "Beleidigungen": Konfliktregelung durch Anzeigenerstattung? (1986). Gewalt von Minnern gegenitber Frauen: Befunde und Vorschlige zum polizeilichen Umgang mit weiblichen Opfern von Gewalttaten (1987). 219 Appendix Professor Duncan Chappell, Director of the Australian Institute of Criminology, 10-18 Colbee Court, Phillip, A.C.T., P.O. Box 28, Woden A.C.T. 2606, Australia. Dr. JJ.M. van Dijk, former Director of the Research and Documenta- tion Centre of the Ministry of Justice of the Netherlands, Schedeldoeks- haven, P.O. Box 20301, 2500 EH Den Haag, Netherlands. Professor Dr. Jozsef Goédomy, Director of the National Institute of Criminology and Criminalistics, 1122 Budapest. XII., Maros utca 6/a, P.O. Box 1525, Budapest, pf.41, Hungary. Professor Guo Xiang, Director of the Research Centre of Juvenile Delinquency of China University of Political Science and Law, 41 Xue Yllalf Road, Postcode 100088, Beijing, China. Marianne Hakansson, Director of the National Council for Crime Prevention, Brottsforebyggande radet, Atlasmuren 1, 113 21 Stockholm, Sweden. Dr. Burkhard Hasenpusch, Justizministerium Niedersachsen, Postfach 201, 3000 Hannover, F.R.G. Ministerialrat Dr. Dr. Konrad Hobe, Bundesministerium der Justiz, Heimnemannstrasse 6, Postfach 20 03 65, 5300 Bonn, F.R.G. Professor Dr. Brunon Holyst, Director of the Institute of Crime Pro- blems in Warsaw, ul. Swierczewskiego 127, skrytka pocztowa 275, 00-958 Warszawa, Poland. Dr. Jorg-Martin Jehle, Director of the Kriminologische Zentralstelle, Adolfsallee 32, 6200 Wiesbaden, F.R.G. Professor Dr. Matti Joutsen, Director of the Helsinki Institute for Crime Prevention and Control, Affiliated with the United Nations (HEUNI), Turunlinnantie 8, P.O. Box 34, SF-00931 Helsinki, Finland. 221 Haruo Nishimura, Chairman of the Division of Crime Prevention and Juvenile Studies at the National Research Institute of Police Science, 6 Sanban-cho, Chiyoda-ku, Tokyo, Japan. Professor Zofia Ostrihanska, Head of the Department of Criminology of the Institute of State and Law at the Polish Academy of Sciences, 00-330 Nowy Swiat 72 (Palac Staszica), Warszawa, Poland. Dr. Philippe Robert, Research Director at the Centre National de Recherches Scientifiques (C.N.R.S.), Centre de Recherches Sociolo- giques sur le Droit et les Institutions Pénales (C.ES.D.I.P.), 4 Rue de Mondovi, 75001 Paris, France. Tsuneko Sato, Research and Training Institute, Ministry of Justice, Kasumigaseki 1-1-1, Chiyoda-ku, Tokyo, Japan. Professor Dr. Hans-Dieter Schwind, Chairman of the German Violence Commission, Minister of Justice (ret.), Ruhr-Universitat Bochum, Juristi- sche Fakultat, Universitatsstrasse 150, Postfach 10 21 48, 4630 Bochum, F.R.G. Dr. Artur Solarz, National Council for Crime Prevention, Brottsforebyg- gande radet, Atlasmuren 1, 113 21 Stockholm, Sweden. Dr. Wiebke Steffen, Oberregierungsritin, Kriminologische Forschungs- gruppe der Bayerischen Polizei, Bayerisches Landeskriminalamt, Maillin- gerstrasse 15, 8000 Miinchen, FR.G. James K. Stewart, Director of the National Institute of Justice, U.S. Department of Justice, _633 Indiana Avenue N.W., Washington, D.C. 20531, US.A. Hans Udo Storzer, Regierungsdirektor im Bundeskriminalamt, Thaer- strasse 11, Postfach 18 30, 6200 Wiesbaden, F.R.G. Torbjorn Thedeen, Head of the Research Division of the National Council for Crime Prevention, Brottsforebyggande radet, Atlasmuren 1, 113 21 Stockholm, Sweden. 222 Professor Patrik Tornudd, Director of the National Research Institute of Legal Policy, P.O. Box 35, Turunlinnantie 8, SF-00931 Helsinki, Finland. Aglaia Tsitsoura, Head of the Division of Crime Prevention at the Council of Europe, Directorate of Legal Affairs, Council of Europe, P.O. Box 431 R6, 67006 Strasbourg Cedex, France. Mary Tuck, Director of the Home Office Research and Planning Unit, Queen Anne’s Gate, London SW1H 9AT, United Kingdom. Dr. Ugljesa Zvekic, First Research Officer at the United Nations Social Defence Research Institute (UNSDRI), Via Giulia 52, 00186 Rome, Italy. 223 In recent years a general need for policy-oriented criminology has become quite obvious. The existence and the new foundations of corresponding institutions in supranational organizations and in a great number of countries give proof of this development. In this volume are represented contributions on institutions of — the United Nations | the Council of Europe | the United States of America, Australia, Japan and China — various countries of Europe with a special focus on I the Federal Republic of Germany. An introduction gives an overview of the organizations and functions of these in- stitutions. The volume is complemented by an index of the authors and their insti- tutions.