Organised Crime & Crime Prevention - what works? - Scandinavian ...

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NSfK’s 40. forskerseminar, Espoo, Finland 1998 Offence Involves the burglary of house at 2 a.m. (at night), when residents were asleep upstairs. Associate of defendant had visited house previously to assess possibility of entry and belongings, posing as salesman. Entry gained by forcing outer door - some damage. An untidy search was carried out by the defendant though the residents were not disturbed. Jewelry worth £1000 and of sentimental value taken and not recovered Offender Defendant has three previous convictions for burglary, the latest being for dwelling house burglary for which he was given a custodial sentence and released from prison two months prior to the commission of this offence. For one of the previous convictions he was given community service but he did not successfully complete it. Victim Retired couple who were in their late-60s. The wife was semi-invalid. A covering letter is sent to the panelists in advance with details of the scenarios, a list of questions to be discussed, an explanation of the purpose of the study and the reasons why the session needs to be tape recorded. The success of the research depends on a number of factors but two are crucial. The first is to get the participation of respondents who are able to give an insight into the issues raised. The second is the quality of the discussions on the transcript that will provide the basis for the analysis. The other collaborators on this project are Paul Larsson [Department of Criminology, University of Oslo, Norway], Arnoldas Matijosius [Constitutional Court of the Republic of Lithuania and the Faculty of Law, Vilnius University], and Jukka-Pekka Takala [National Research Institute of Legal Policy, Helsinki, Finland]. References Davies M: Punishing Criminals: Developing Community-Based Intermediate Sanctions. Greenwood Press, Connecticut 1993. Davies M, J-P Takala and J. Tyrer Penological Esperanto and Sentencing Parochialism: A Comparative study of the Search for Non-Prison Punishments. Dartmouth, Aldershot 1996. 156
NSfK’s 40. forskerseminar, Espoo, Finland 1998 Timo Ahonen, LL.M., Assistant in sociology of law and jurisprudence Faculty of law, University of Turku Calonia 341 FIN-20014 Åbo e-mail: timaho@utu.fi and Tarja Elisa Kauppila, M.A.Soc.Ss., Researcher, Ph. D. Student Department of Social Sciences, University of Kuopio P.O.B. 1627 FIN-70211 Kuopio e-mail: kauppila@messi.uku.fi Part I: Tracing the basis of “constructive punishment” - Some answers to some unanswerable questions? About the General Principles of Sentencing in the Finnish Criminal System - something we need to know to be able to understand the idea of "constructive punishment" Timo Ahonen Faculty of law, University of Turku, Finland Few words of introduction In this paper I will briefly examine few of the questions we should be considering when discussing the concept of “constructive punishment”. I will bring up only few - but important - topics of the general principles of sentencing and try reflect them on the some<strong>what</strong> undefinet concept of “constructive punishment”. Accordig to the analytical pluralist conception, the application of punishment is guided by several differing basic values and goals (Lappi-Seppälä 1987, 661). How to use these basic values and goals, or wich ones should be stressed in a specific situation, depens on the situation in hand and on the surrounding society and it´s values and goals. A penal (or criminal) law ideology can be described as the basic conception of crime and/or punishment (Jareborg 1992, 103). 1 This basic conception more or less guides person`s ideas and opinions about crime and punishment in general. At least for a criminal law scientis it is important - or essential - to recognize <strong>what</strong> is the penal law ideology she or he uses in his or hers work. Discussions and debates about different theories of punishment and crime have been ongoing for at least the last 250 years. This short paper will not solve any of the questions raised in 1 Jareborg continues: “And obviously, anyone`s views on crime and punishment depent to a large extent on his views of the relation - if any - between God and Man, the relation between Man and nature, the optimal organization of society, causal mechanis, and the status of different types of persons.” (Jareborg 1992, 103) 157
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Organised Crime & Crime Prevention
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