Wyniki wyszukiwania - Biblioteka Nauki

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Sprawiedliwość w sędziowskim wymiarze kary

100%

Królikowska J.

Nowa kodyfikacja prawa karnego

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2017

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tom 43

279-325

EN

The article starts with the general presentation of the sociological perspective on the question of justice in the motives of a criminal judge’s sentencing decisions. The question of justice is also analysed in relation to the legitimation of the criminal law and the various theories of punishment, retributive, consequentialist, and mixed. Punishment is analysed as a social and legal institution and as a social process in its various organisational forms. The rationalisation of punishment as a social and legal institution is analysed in relation to the question of human rights, and the question of its effectiveness in social control as a tool in the protective function of the criminal law. The problem of justice is also analysed from a subjective point of view as a question of the just judge. It is not only analysed here as an ethical question, but also as a problem of the methodology of the work of the judge, and a question of organisation of the sentencing process. The article presents the results of research (sociological reports) concerning the question of the motives of judges’ sentencing in the criminal courts. The article presents the basics of the methodology and results of research in that respect which was carried out in the 1930s (B.Wróblewski, W. Świda), 60s and 70s (T. Kaczmarek, W. Świda), and the 1980s (T. Kaczmarek, J. Giezek and the team), and the latest research carried out by the authors in 2012–2015 (J. Królikowska, J. Utrat-Milecki). The authors explain here the general outline of the method of culturally integrated (social and legal) studies, which they used in their sociological and anthropological research on the criminal justice offi cers (judges, prosecutors and probation officers), and which is also the theoretical background of the present article. Finally, the authors present the broader culturally integrated definition of punishment, so as to help to identify the main research questions in socio-legal studies of punishment considered both as a socio-legal institution and a social and legal process which can be identified in different organisational forms.

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Sędziowski wymiar kary w badaniu prawno-socjologicznym 2012–2014

100%

Królikowska J.

Archiwum Kryminologii

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2018

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nr XL

371-400

EN

This article presents selected results of a legal and sociological research project entitled“Penal cultures. Cultural context of criminal policy and criminal law reforms. Legal,penological, historical, sociological, and cultural (anthropological) analysis of criminallaw reforms in Poland against the background of European and world trends”, conductedin 2012-2014 on a sample of 160 Polish judges. The research was carried out usingthe questionnaire method supplemented with in-depth interviews with 12 judges.The questionnaire was sent by email to all the presidents of district, regional, andappellate courts in Poland with a request to pass it to their judges. The questionnaire wasaccompanied by a recommendation letter from the Vice-Rector for Scientific Researchat the University of Warsaw with the information about the research unit, that is aboutthe Professor G. Rejman Division of Culturally Integrated Legal and Social Studiesand the European Centre for Penological Studies at the University of Warsaw. Thequestionnaire was either sent back in bulk from individual courts, or the respondentssent it back individually by post or email to the university address provided.The punishment phenomenon was examined in a processual approach. Theresearchers adopted the hypothesis that criminal judges were the first link in thisprocess and knew more about punishment and punishing as social and legal phenomena than the general public. The presented research refers thematically to the studiescarried out by Bronisław Wróblewski and Witold Świda before World War II, reportedin their book Sędziowski wymiar kary w Rzeczypospolitej Polskiej. Ankieta [The judiciarysentencing of punishment in the Republic of Poland. A Questionnaire], publishedin Vilnius in 1939. Similarly to those studies, the present research asks questions aboutthe determinants of the judiciary dimension of punishment, but it emphasises morestrongly the cultural, philosophical and moral dimensions of punishment attitudesdisplayed in sentencing.The statements of the respondents show a varied l evel of the judges’ knowledge aboutmatters concerning the socio-cultural and psychological aspects of punishment. Theyalso reveal a strong legal orientation of views and remain within the set of notions andtheories focused on law. Similarly to the Vilnius pre-war studies, the judges’ statementsshow a strong formative influence of lawyers’ education curricula implemented at alllevels of education.The results of the research carried out in 2012-2014 illuminate the judges’ viewson the goals and functions of punishment and punishing. They show the declaredhierarchy of the most important variables defining professional decisions regardingthe sentences imposed by the judges. They show the influence of systemic and culturalvariables on the professional attitudes and motives of the judges’ decisions in this matter.The judges’ statements on the effectiveness of penalties in individual and generalprevention are generally subdued. Although these factors are taken into account inthe process of sentencing, there is no deep conviction about their high impact. It issignificant that the research shows a clear distancing of the judges from the assumptionthat they may be subservient to influences from their superiors, scholarly authorities,public opinion or the decisions of colleagues in similar matters. Independence isdeclared by judges to be an important feature of their professional ethos and appliesto all sources of influence. On the other hand, what the judges indicate as variablesrelevant to their decisions on sentencing are the personal and family conditions ofthe perpetrator and their potential for rehabilitation, which may occur as a resultof criminal sentencing and end the state of impunity. The respondents also indicatethat the fairness of a sentence and the doing of justice to the offender is a significantaspect of the court’s action.Although the research procedure in this case was strongly grounded in empiricism,this was not its main distinguishing feature – it was the conducting of research inthe culture of methodological and theoretical integration of the empirical material.It makes it possible to deduce a complex structure of the researched process andto undertake an analysis explaining many more variables than would appear in thedisciplinary mono analysis.

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The impact of some external factors on the metrological properties of a water meter

63%

Cichoń T. , Królikowska J.

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-

PL

The paper refers to the study of water meters and the impact of some external factors on the variability of water meters metrological parameters during their operation period. The study was conducted in three groups, depending on cause and the moment of dismounting – before expiry of operation period, at the end of operation period and to metrological expertise. In this paper, are presented results of measuring errors investigations, which show variability of errors during operation time. In the group of water meters with exceeded errors, analyses were conducted on the damage types and the factors affecting the deterioration of metrological accuracy. Research is aimed to define the conditions required in order to maintain the metrological accuracy during operation period.