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Criminological Studies
Number of Followers: 0  Open Access journalISSN (Print) 2538-8754 - ISSN (Online) 2351-6097 Published by Vilnius University  [38 journals]
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- Editorial Board and Table of Contents
Authors: Laima Žilinskienė
Pages: 1 - 7
Abstract: -
Keywords:
probation service: Review of the practice in Lithuania and foreign
countries
Authors: Liubovė Jarutienė, Ilona Laurinaitytė
Pages: 8 - 31
Abstract: According to official statistical data, each year a large number of the perpetrators of intimate partner violence (IPV) is under the supervision of Lithuanian probation service (LPS). This article analyses evidence-based measures applied for the management of the risk of repeated IPV, as well as Lithuanian and foreign practice of organising correctional work with the perpetrators of IPV. Analysis of recent practice shows that, compared to foreign countries, correctional work with this group of offenders in Lithuania often does not correspond to the principles of the Risk-Need-Responsivity model and does not address the heterogeneity of this specific group. Taking into account the good practice of foreign countries and the Lithuanian context, several suggestions are made to improve correctional work with this specific group: revising individual assessment procedures, preparing differentiated protocols for service provision, and adapting the means available at LPS for correctional work with IPV perpetrators.
Keywords:
the final sentence in the practice of Lithuanian courts
Authors: Darius Pranka
Pages: 32 - 50
Abstract: Scholars of criminal law have not considered the issue of consolidation of criminal penalties for some time, and it has been undeservedly forgotten. However, the method of consolidation of criminal penalties and the size of the final punishment are very important for the defendant. In addition, in judicial practice, there are often various problems related to the correct and appropriate summation of sentences. It is sometimes very easy to get lost in the labyrinths of sentence sizes, numbers and calculation of the last sentence. The article begins by presenting a negative example of judicial practice, when the lower court, ignoring the decision of the appeal court, decides to postpone the execution of the prison sentence after the sentence has been combined. Next, the author raises the question of why criminal law provides only the minimum amount of penalties to be added. Still, when putting together several sentences, adding at least the minimum part of the penalties is not mandatory. On the other hand, in the context of this problem, we can reasonably doubt whether, in cases where the offender commits several dozen or several hundred criminal acts, putting together the punishments and adding a minimum part of each punishment, the last punishment is not too severe. Finally, at the end of the article, the difficulties of putting together punishments are shown when punishments have to be shared by simultaneous application of Article 63 of the Criminal Code and Article 64 of the Criminal Code.
Keywords:
research
Authors: Salomėja Zaksaitė
Pages: 99 - 123
Abstract: This article deals with the topic of manipulation of sports competitions. It discusses the results of a unique empirical research, which gathered data from experts with a wealth of first-hand knowledge. Due to the specificity of such a study, the vast majority of the data is anonymised and/or pseudonymised. Nevertheless, the research is as natural as possible, especially due to the the sensitivity of the topic and jargon. The study revealed that manipulation is a serious problem in Lithuanian football, although the peak of this phenomenon is probably in the past. The research revealed intriguing connections that show that manipulation is far from being only a sports issue. It is a phenomenon closely linked to other scourges of the sporting community and society as a whole: the disregard for good governance, the lack of transparency and publicity, and the role of organised crime in the world of sport. Although the study did not specifically test criminological theories, the findings gathered from the research confirmed the insights of the strain and differential association theories. One of the ways in which manipulation is carried out clearly corresponds to the pattern drawn in the context of the two theories: starting with simple betting, players become addicted and indebted, and consequently feel constant tension, and only later, through a gradual interaction, does one start to talk about the manipulation of sporting competitions. It is also important to note that the betting market is precisely the environment where players can satisfy their need for competitiveness and release excessive adrenaline. Perhaps for this reason, football players who play in lower leagues or whose careers are ending – that is, who are no longer able to succeed and let off steam on the field – are frequently caught by the betting hook. This creates an addiction to betting, potentially leading to committing fraud. From a legal perspective, the problem of manipulation of sports competitions can be explained by the difficulties in the application of the Criminal Code of the Republic of Lithuania: in the context of an unclear concept of professional sport, it is not obvious which competitions meet or do not meet the criterion of professionalism (which, up to now, has been required for the incrimination of manipulation of sports competitions).
Keywords:
Authors: Rimantė Gaičevskytė-Savickė
Pages: 124 - 140
Abstract: Life-course criminology endeavors to comprehend the intricate interplay between individual traits, societal surroundings, and life occurrences that shape patterns of criminal behavior. Within this framework, the concept of life trajectories leading to criminality has emerged, underscoring the importance of scrutinizing women‘s narratives. This entails examining their childhood experiences, and adult challenges, and identifying circumstances that foster recidivism. The present publication unveils condensed accounts of female inmates at Panevėžys (Lithuania) women‘s prison, categorized into four trajectories: the typical woman or random offender, the victimized woman, the chronic offender, and the woman belonging to a marginalized cohort.
Keywords:
of Law Enforcement Institutions During Criminal Proceedings
Authors: Darius Pranka
Pages: 48 - 71
Abstract: Over a decade ago, an audit was conducted in Lithuania to assess the protection of children’s rights during criminal proceedings. The audit identified various shortcomings and issues related to child interviews. These problems were addressed in 2017 with the implementation of amendments to the Law on Criminal Procedure of the Republic of Lithuania, which have been in effect for over five years. This article aims to analyze the current practices, particularly in recent years, of law enforcement institutions when conducting interviews with minor witnesses and victims during criminal proceedings. Through analysis and empirical research, it was found that minors are frequently questioned outside of designated child interview rooms for unjustifiable reasons. Furthermore, their rights, particularly the right not to testify against their relatives or family members, are not always adequately explained to them. The legal significance of such procedural violations is discussed. Additionally, it is highlighted that employees of the Child Rights Protection and Adoption Service often lack proper preparation for conducting interviews with children. The article concludes by summarizing other findings from the empirical research.
PubDate: 2023-06-06
DOI: 10.15388/CrimLithuan.2022.10.3
Issue No: Vol. 10 (2023)
- How Does Themis Weigh Drugs' Peculiarities of the Legal Regulation of the
Determination of Quantities of Some Narcotic and Psychotropic Substances
in Lithuania
Authors: Mindaugas Lankauskas
Pages: 80 - 98
Abstract: This article delves into the legal framework concerning threshold quantities for drug offences in Lithuania and examines the potential implications of this regulation on criminal liability. It initiates by scrutinizing criminal liability for drug offences in Lithuania, with an emphasis on the legal significance of the type and quantity of specific substances. It is worth noting that existing legal acts lack defined criteria for determining small, large, or very large quantities of the narcotic and psychotropic substances. Nevertheless, the legal qualification of criminal activities and associated penalties is contingent upon the specific quantity of the drug. Furthermore, certain quantities stipulated in the Recommendations for determining small, large, and very large quantities of narcotic and psychotropic substances have raised concerns about their alignment with the latest scientific findings and empirical evidence. In light of these concerns, there is a compelling need for a review of these recommendations, guided by clearly defined and evidence-based criteria. Until such a review is conducted, the deficiencies in the existing legal regulations could be partially mitigated if courts, within the discretion granted to them, proactively exceed the quantity limits established by the recommendations.
Keywords:
considerations
Authors: Salomėja Zaksaitė
Pages: 97 - 118
Abstract: Sexual harassment and sexual abuse are not uncommon in the world of sports. Many athletes, especially female athletes, have been victims of violence, intimidation and abuse. For many years, victims remained silent and hid their experiences for fear of condemnation by society and the media, but recent trends show that the situation is improving. More and more athletes are speaking out against sexual harassment and abuse in the world of sport. From a legal point of view, the main feature of sexual harassment cases is that the burden of proof can be shifted to the accused. In criminal law, this mechanism raises concerns about a possible violation of the presumption of innocence. However, as international sports federations apply a lower standard of proof in disciplinary cases, this procedural feature is viewed favourably. At the same time, it should be noted that a lower standard of proof does not in any way mean that sexual harassment and abuse cases can be investigated with less responsibility or sensitivity. On the contrary, the legal and criminological specificity of this phenomenon implies that the boundaries between sexual abuse, sexual harassment, unprofessional conduct, and mere flirting must be clearly defined. Appropriate delimitation ensures, on the one hand, that perpetrators do not escape responsibility, even if it is relatively minor, and, on the other hand, protects the innocent against unfounded accusations.
Keywords:
During Pre-trial Investigation: A Comparison of Police Officers and
Students Groups
Authors: Gintarė Cicėnaitė, Dovilė Barysė
Pages: 72 - 96
Abstract: The initial hypothesis can guide the pre-trial investigator’s decision to form a suspicion regarding the crime. This hypothesis can be based not on all available evidence assessment but intuitive decisions. When initial criminal act assessment is based on expectations or experience, confirmation bias can affect individuals’ decisions. This human cognitive tendency can operate by two mechanisms – selective information search and biased interpretation of information. Confirmation bias can contribute to biased suspicion by leading the investigator to seek and interpret evidence that confirms prior conviction about the crime. Police investigator’s decision to express suspicion towards a specific person can be based on evaluating suspect as criminal and, in that way, affixing the criminal label to suspect. The goal of this study was to find out whether the description of the suspect and possible motive can affect the expression of suspicion and evaluation of available information during criminal act assessment. In a two-part experiment, criminal investigators (N = 40), criminology (N = 63), and law (N = 53) students read a condensed case and had to express suspicion, rate to which extent additional evidence indicated that suspect was involved in the crime and choose further investigation lines. The initial hypothesis was manipulated by providing information about the suspect and motive. Overall, stronger suspicion and biased interpretation of evidence indicative of the suspect’s guilt occurred when a motive and description of the suspect were presented. Professional experience and degree had an impact on the expression of suspicion and biased information interpretation. After reading a criminal case, police investigators expressed stronger suspicion and continued to selectively search for evidence confirming their prior suspicion that the main suspect was involved in the crime, also evaluated all available evidence as indicating the suspect‘s guilt. In this study, students‘ assessments of the crime differed – the expressed suspicion and evaluation of evidence as indicating suspect’s guilt made by law students were significantly weaker than by police investigators.
Keywords:
Self-Report Delinquency Study (ISRD) Context: Learning from Prior
Exemplars
Authors: Sophie Litvak, Janne Kivivuori, Markus Kaakinen
Pages: 119 - 147
Abstract: The concept of postsecular society highlights the increasing relevance of religion in social, cultural, and political affairs. Given this trend, criminology should pay increasing attention to how religion is linked to victimization and offending. Since the religion–crime studies have traditionally focused on offending, the research lacunae are biggest in the study of victimization. The inclusion of religion is particularly relevant in international surveys in religiously heterogeneous communities. In this article, we aim to develop a survey module suggestion for use in the context of the International Self-Report Delinquency Study (ISRD). We first examine the current content of the ISRD-4 sweep. To locate lacunae in it, we move to review how international surveys have tackled the dimension of religion, including the Health Behaviour in School-aged Children (HBSC) study, the European School Survey Project on Alcohol and Other Drugs (ESPAD), the European Social Survey (ESS), the World Values Survey (WVS), and the International Crime Victim Survey (ICVS). Building on these state-of-the-art examples, we propose a new ISRD module (Appendix) for studying the religion–victimization link in international crime surveys with limited space. In conclusion, we argue that criminology would benefit from increasing attention to religion and other cultural variables alongside traditional socioeconomic, structural, and individual factors.
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