Criminal careers: life and crime trajectories of former juvenile offenders in adulthood
In: Routledge studies in criminal behaviour
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In: Routledge studies in criminal behaviour
In: Social Sciences: open access journal, Band 10, Heft 11, S. 435
ISSN: 2076-0760
The COVID-19 pandemic has severely restricted global movement, thus affecting migration processes and immigrants themselves. The paper focuses on the evaluation of bordering procedures and practices introduced by the Polish government in the time of the pandemic. The aim is to highlight the duality in the admission processes at Polish borders between labour and forced migrants, which have been driven, as I argue, by economic interests and the xenophobic attitudes of the government. The paper is based on interviews with experts assisting migrants during the pandemic in Poland, whose direct contact with thousands of clients has allowed them to acquire broad knowledge of how the new legal provisions have affected different groups of immigrants. The data confirms that the Polish border is very porous. It has been almost completely closed to asylum seekers, especially those fleeing from Muslim countries, for whom the only option is to cross the border illegally. Only one exception was made for Belarusians, who were cordially welcomed at the border while escaping persecution in their home country in the wake of their protests against Lukashenko's regime. Economic migrants, on the other hand, exist on the other side of the spectrum. For immigrant workers, borders have remained open throughout the whole pandemic. Moreover, some further measures facilitating their arrival were introduced, such as de facto lifting of quarantine for seasonal farm workers.
The so called refugee crisis in 2015 coincided with the Polish parliamentary electoral campaign. The effect of it was – for the first time in Poland – the introduction of migration policy to the political agenda of the right-wing and populist political parties on a massive scale. They presented migration as an issue of security – both national and cultural, direct and symbolic. The new government, acting since the end of 2015, included immigration and asylum issues into their political programme as a key element of national security. Their discourse about refugees is usually based on the differentiation: us and them. And "them" are pictured as evil, dangerous, Muslim terrorists. The new government and its authoritarian style of governing has introduced a number of initiatives designed to deprive individuals of immigrant rights (like in the new so-called Antiterrorist Act from the mid of 2016, based on which every foreign citizen could be put under surveillance without any court control) or to stop refugee influx on the Polish territory in any way – directly from their country of origin (new amendments to asylum law are trying to introduce border and accelerated procedures) or under the UE resettlement and relocation programme (Poland is one of 3 EU Member States – along Hungary and Austria – that hasn't relocated anyone). In this paper I will present in more detail the legal changes described above, their consequences and the so-called rationalities presented by the government.
BASE
Na poziom uprzedzeń i ksenofobii w społeczeństwach wpływa nie tyle liczba imigrantów, którzy mieszkają w danym kraju, a raczej poczucie zagrożenia, jakie panuje w danym społeczeństwie przed napływem imigrantów. Stąd poziom uprzedzeń jest wyższy w tych społeczeństwach, które są bardziej homogeniczne. Potwierdzają to wyniki badań nad polskimi uprzedzeniami w stosunku do muzułmanów czy ogólnie wobec imigrantów. Badania kryminologiczne pokazują silny związek między ksenofobicznymi postawami rodziny sprawców a popełnianiem przez nich czynów na tle uprzedzeń. Sprawcami tych czynów są przede wszystkim działający w grupie młodzi mężczyźni (poniżej 25 lat), a podstawowymi motywacjami ich czynów jest poszukiwanie wrażeń (połączone ze spożyciem alkoholu) czy też specyficznie rozumiana próba ochrony społeczeństwa przed napływem Obcych. Ważnym motorem działań sprawców jest także przekonanie, że za pokrzywdzonymi nikt się nie ujmie – ani policja, ani społeczeństwo. The level of biases and xenophobic attitudes in a society is influenced mostly by the fear towards immigrants and their influx instead of the real number of immigrants residing in a particular country. That's why the level of bias towards the Others is much higher in homogeneous societies. The results of Polish opinion polls research on bias attitudes of our society towards Muslims or immigrants echo these findings. In the criminological research we find strong relations between xenophobic attitudes of the family of the perpetrator and acts of bias violence committed by the latter. Biased crimes are usually committed by young males (under 25 years old), and the main motivation of their actions is either thrill (usually connected with the consumption of alcohol) or specifically understood defence of their community from the Others and their presence. An important factor of the perpetrators' behaviour is also the conviction that no one will stand up for the victims, neither the police, nor the society.
BASE
In: Journal of refugee studies, Band 36, Heft 3, S. 467-488
ISSN: 1471-6925
Abstract
Referring to the theoretical reflection on securitization in the area of forced migration and applying Barak Kalir's concept of Departheid, we investigate policies and practices deployed by the Polish authorities to deal with humanitarian migrants. In particular between 2015 and 2021, in the Polish context, humanitarian migrants were usually equated with 'bogus' asylum seekers, 'undeserving' of protection or even the right to apply for it. With the increasing presence of Belarusian and, more recently, Ukrainian asylum seekers in Poland, two completely different state attitudes towards asylum seekers reaching Poland's borders became visible. People directly fleeing Belarus and Ukraine were seen as deserving protection and support, and faced no obstacles in entering Poland through its eastern border. At the same time, non-White people forced to leave Asian or African regions in crisis, attempting to cross the border and to enter Poland remained 'unwanted'—to be deterred or deported, and thus illegalized at some stage of their mobility, usually already at the point of entrance. Based on the analysis of empirical data gathered between 2018 and 2021, we look for durable solutions for the latter category of migrants and investigate the reasons for the selectivity observed in the Polish practices towards asylum seekers. We conclude that the governmental approach perpetuated towards keeping humanitarian migrants away from Polish territory, especially in the post-2015 context, builds on xenophobic sentiments, making the concept of Departheid applicable to the realities of forced migration management in Poland.
In: International Journal for Crime, Justice and Social Democracy, Band 10, Heft 3, S. 72-86
ISSN: 2202-8005
Migration control in Poland is significantly based on internal control practices carried out by street-level bureaucrats representing both law enforcement agents and low-level judges equipped with discretionary power. Based on empirical data from 243 criminal cases of facilitating unauthorised stay in Poland, we reflected on how the mentioned actors and, in particular, criminal judges interpret the existing provisions and to what extent they study cases independently or simply follow the logic of the law enforcement. We based our analysis on two distinct forms of identified cases of 'supporting' irregular migration; that is, participation in sham marriages and involvement in document fraud. We conclude that judges lacking expertise in the field relatively new to them may be less prone to question the effects of the preparatory proceedings, and they are not keen to look for any answers for themselves, especially to scrutinise and refer to the European Union law or jurisprudence. In their 'craftwork', they face cases that seem similar to them and, thus, not deserving of special attention. Judges lack the broader knowledge and possibly also reflexive thinking in assessing migration-related criminal cases brought to the courts by border guards, who prove their effectiveness inter alia through numbers of detected facilitators, not necessarily the roles played by them. All this may lead to unnecessarily broadening the scope of control over immigrants and a failure in achieving the objectives of criminal provisions.
In: Studia migracyjne - Przegląd polonijny: SMPP = Migration studies - Review of Polisch diaspora, Band 47, Heft 2 (180), S. 87-114
ISSN: 2544-4972
The aim of the article is to present one of the facets of the state's approach towards irregular migration, namely identification of and reaction of the law enforcement and judiciary to the offence of facilitating or enabling unauthorised stay of another person and gaining personal or material profits from it (introduced to the Polish legislation in 2004). Based on the analysis of court files of 243 criminal cases, we indicate forms of facilitation of unauthorised stay (with predominance of document frauds) and analyse the features of the constitutive elements of the offence, i.e. facilitators, persons whose stay is enabled, and profits. We conclude that among convicted facilitators there are those whose intensions were far from enabling the stay of another person and actual facilitators often remained unidentified. We also point to doubtful court decisions, in particular those regarding undetermined profits and recipients or recipients sentenced as facilitators. Thus, we prove that despite the declared prioritisation of irregular migration as a problem to be tackled in Poland, the practice of the law enforcement agents and the courts reveals a determination to achieve easy targets, following known paths, as well as abandoning areas that require more attention and possibly also efforts.
Migration control in Poland is significantly based on internal control practices carried out by street-level bureaucrats representing both law enforcement agents and low-level judges equipped with discretionary power. Based on empirical data from 243 criminal cases of facilitating unauthorised stay in Poland, we reflected on how the mentioned actors and, in particular, criminal judges interpret the existing provisions and to what extent they study cases independently or simply follow the logic of the law enforcement. We based our analysis on two distinct forms of identified cases of 'supporting' irregular migration; that is, participation in sham marriages and involvement in document fraud. We conclude that judges lacking expertise in the field relatively new to them may be less prone to question the effects of the preparatory proceedings, and they are not keen to look for any answers for themselves, especially to scrutinise and refer to the European Union law or jurisprudence. In their 'craftwork', they face cases that seem similar to them and, thus, not deserving of special attention. Judges lack the broader knowledge and possibly also reflexive thinking in assessing migration-related criminal cases brought to the courts by border guards, who prove their effectiveness inter alia through numbers of detected facilitators, not necessarily the roles played by them. All this may lead to unnecessarily broadening the scope of control over immigrants and a failure in achieving the objectives of criminal provisions.
BASE
In: International migration: quarterly review, Band 57, Heft 5, S. 280-293
ISSN: 1468-2435
AbstractIn this paper we focus on adapting the concept of push – pull factors to forced migration by proposing a "push out – push back" approach that underlines two most crucial elements of forced migrants' experience. On the one hand, it stresses the reasons for leaving countries of origin or of temporary refuge that are not dependant on the will of people who flew those places, thus the "push out" factors. On the other hand, it represents the refusal of the countries of the Global North to accept forced migrants and their use of various practices, amounting to "push back" factors, to prevent them from entering or leaving their territory if they manage to reach it. These factors can be divided into three groups: passive, active, and symbolic.
Forced Mobility of EU Citizens is a critical evaluation from an empirical perspective of existing practices of the use of transnational criminal justice instruments within the European Union. Such instruments include the European Arrest Warrant (EAW), prisoner transfer procedures and criminal law-related deportations.
The voices and experiences of people transferred across internal borders of the European Union are brought to the fore in this book. Another area explored is the scope and value of EU citizenship rights in light of cooperation not just between judicial authorities of EU Member States, but criminal justice systems in general, including penitentiary institutions. The novelty of the book lays not only in the fact that it brings to the fore a topic that so far has been under-researched, but it also brings together academics and studies from different parts of Europe – from the west (i.e. the expelling countries) and the east (the receiving countries, with a special focus on two of the jurisdictions most affected by these processes – Poland and Romania). It therefore exposes processes that have so far been hidden, shows the links between sending and receiving countries, and elaborates on the harms caused by those instruments and the very idea of 'justice' behind them. This book also introduces a new element to deportation studies as it links to them the institution of the European Arrest Warrant and EU law transfers targeting prisoners and sentenced individuals.
With a combination of legal, criminological, and sociological perspectives, this book will be of great interest to scholars and students with an interest in EU law, criminal law, transnational criminal justice, migration/immigration, and citizenship.
In: Directions and developments in criminal justice and law
Forced Mobility of EU Citizens is a critical evaluation from an empirical perspective of existing practices of the use of transnational criminal justice instruments within the European Union. Such instruments include the European Arrest Warrant (EAW), prisoner transfer procedures and criminal law-related deportations. The voices and experiences of people transferred across internal borders of the European Union are brought to the fore in this book. Another area explored is the scope and value of EU citizenship rights in light of cooperation not just between judicial authorities of EU Member States, but criminal justice systems in general, including penitentiary institutions. The novelty of the book lays not only in the fact that it brings to the fore a topic that so far has been under-researched, but it also brings together academics and studies from different parts of Europe - from the west (i.e. the expelling countries) and the east (the receiving countries, with a special focus on two of the jurisdictions most affected by these processes - Poland and Romania). It therefore exposes processes that have so far been hidden, shows the links between sending and receiving countries, and elaborates on the harms caused by those instruments and the very idea of justice' behind them. This book also introduces a new element to deportation studies as it links to them the institution of the European Arrest Warrant and EU law transfers targeting prisoners and sentenced individuals. With a combination of legal, criminological, and sociological perspectives, this book will be of great interest to scholars and students with an interest in EU law, criminal law, transnational criminal justice, migration/immigration, and citizenship.
In: Studia migracyjne - Przegląd polonijny: SMPP = Migration studies - Review of Polisch diaspora, Band 47, Heft 2 (180), S. 7-17
ISSN: 2544-4972
1. Criminality today and tomorrow : structural stability and variability / Dagmara Wozniakowska-Fajst -- 2. The status of criminality in Poland since 1918 / Konrad Buczkowski -- 3. Social change and criminality : mutual relationships, determinants and implications / Anna Kossowska -- 4. The relationship between poverty, social exclusion and criminality / Witold Klaus -- 5. Preventing criminality : the social policy of preventing social exclusion / Witold Klaus -- 6. Justice and its many faces / Beata Czarnecka-Dzialuk and Paulina Wiktorska -- 7. Controlling criminality / Irena Rzeplinska and Paulina Wiktorska -- 8. Supervised freedom / Dobrochna Wojcik -- 9. The social perception of criminality / Witold Klaus, Irena Rzeplinska and Dagmara Wozniakowska-Fajst -- 10. Criminality and the media / Dagmara Wozniakowska-Fajst -- References.
As the distinction between domestic and international is increasingly blurred along with the line between internal and external borders, migrants—particularly people of color—have become emblematic of the hybrid threat both to national security and sovereignty and to safety and order inside the state. From building walls and fences, overcrowding detention facilities, and beefing up border policing and border controls, a new narrative has arrived that has migrants assume the risk for government-sponsored degradation, misery, and death. Crimmigrant Nations examines the parallel rise of anti-immigrant sentiment and right-wing populism in both the United States and Europe to offer an unprecedented look at this issue on an international level.Beginning with the fears and concerns of immigration that predate the election of Trump, the Brexit vote, and the signing and implementation of the Schengen Agreement, Crimmigrant Nations critically analyzes nationalist state policies in countries that have criminalized migrants and categorized them as threats to national security. Highlighting a pressing and perplexing problem facing the Western world in 2020 and beyond, this collection of essays illustrates not only how anti-immigrant sentiments and nationalist discourse are on the rise in various Western liberal democracies, but also how these sentiments are being translated into punitive and cruel policies and practices that contribute to a merger of crime control and migration control with devastating effects for those falling under its reach. Mapping out how these measures are taken, the rationale behind these policies, and who is subjected to exclusion as a result of these measures, Crimmigrant Nations looks beyond the level of the local or the national to the relational dynamics between different actors on different levels and among different institutions