kup_05

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

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o 2

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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.

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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.

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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.

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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.

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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

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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.

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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.

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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

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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-

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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

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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

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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

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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.

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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

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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

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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

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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-

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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.

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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.

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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

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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

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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

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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

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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

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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

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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.

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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.

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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.

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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

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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

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Baurmann, Michael C., Monika Plate und Hans Udo Storzer: Polizeirele-

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1985 (Interdisziplindre Beitrage zur krlmmologlschen Forschung. Bd. 10),

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Brusten, Manfred: Handlungsspielrdume der Polizei

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durch die neue "Polizei-Kriminologie". In: Kriminologische Bulletin 6

(1980 a), Heft 1, S. 17-47

Brusten, Manfred: Politik und Praxis der kriminologischen Forschung

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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

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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.).

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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

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Gemmer, Karlheinz und Edwin Kube: Kriminalistisch-kriminologische

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Hans Udo Storzer

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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.

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Anwendungsbezogene Kriminologie zwischen Grundlagenforschung und

Praxis. Wiesbaden 1986 (Kriminologie und Praxis. Bd. 1), S. 114-121.

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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-

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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.

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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-

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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-

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der Bundesrepublik Deutschland. Bestandsaufnahme, Entwicklungstenden-

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aus Tatortspuren? FErgebnisse einer empirischen Untersuchung zum

ErschlieBen und Melden des modus operandi. In: Kriminalistik 31

(1977), S. 313-317.

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Die erste deutsche Replikationsstudie. In: Giinther Kaiser, Helmut Kury

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Weib}, Riidiger: Research on Hidden Crime. In: Edwin Kube, Hans Udo

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Kriminalistik. Grundlagen und Perspektiven. Teilband 1. Wiesbaden 1983

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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.