NTFK 1-2018
Artikel 1, s. 1
Mindsker deltagelse i konfliktråd risikoen for tilbagefald?
Does participation in victim-offender mediation reduce the risk of recidivism?
Af Britta Kyvsgaard, Justitsministeriets Forskningskontor
Abstract
Victim-offender mediation – VOM – is an optional meeting mediated by an impartial mediator. VOM became available nationwide in Denmark in 2010. The current study examines the impact of participation in mediation on the rate of reoffending. The study is based on a natural experimental design. The treatment group consists of cases in which VOM was utilized, while the control group comprises cases in which the offender agreed to participate in VOM, but the victim refused. The impact of VOM is tested by using regression models and propensity score matching. A great number of analyses are conducted in order to see if an impact can be found for specific subgroups of offenders or by using different criteria for reoffending. However, none of the analyses point to an impact of having participated in VOM. This result might be explained by the rather limited scope of VOM as compared to other restorative justice models like conferences, as VOM does not involve family members or others who might be able to help the offender desist from crime. Other possible explanations are also discussed.
Artikel 2, s. 15
Forebyggelse af radikalisering i fængsler – menneskeret og retssikkerhed for de indsatte
Prevention of radicalization in prisons: human rights and due process for inmates
Af Peter Vedel Kessing & Lisbeth Garly Andersen
Abstract
Following a February 2015 terror attack in Copenhagen committed by a perpetrator recently released from prison, the Danish government implemented a series of measures to prevent radicalisation and extremism in prisons and detention centres. One of these measures was to introduce an obligation for prison staff to report inmates suspected of being radicalised to the Danish Security and Intelligence Service (PET) and, upon release, to the relevant municipality and its local police force. Following criticisms of the new reporting system, the Danish Institute for Human Rights decided to carry out a thorough study of these new obligations in 2017. The aim of the study was to assess the compulsory reporting system’s impact on due process and human rights of prisoners. We analysed international and national regulations on countering radicalisation in prisons; interviewed prisoners, prison staff, and staff at the Danish Prison and Probation Service; and reviewed 259 concerns reported to the Danish Prison and Probation Service. The article describes the study in detail and reviews the main findings and recommendations.
Artikel 3, s. 52
Beredning av strafflag: förarbetena i förhållande till de politiska besluten
Preparation of criminal law: Preliminary work in relation to political decisions
Av Per Ole Träskman, professor emeritus (Lunds universitet)
Abstract
According to the “ultima ratio principle”, the use of criminal legislation should be the last possible remedy to control unwanted acts and behaviour. This is the basis for the criminalization theories presented in criminal-political research. A number of conditions must be fulfilled before an act is criminalized or before a political decision is made to increase the penalty for a given offence. The responsibility for examining compliance with these conditions is generally assigned to the different bodies appointed for the purpose of preparing new criminal legislation. These bodies also tend to include experts in criminal law, criminology and criminal policy. The current article describes the preparatory work on criminal laws conducted in Denmark, Finland and Sweden, and makes comparisons with an “ideal model” of how this work should be done. In practice, however, there can be many exceptions to “the ideal model”, and this often causes some dissension between experts and the political decision-makers. The article provides case examples. There can be disagreements between different experts, as well as between the experts and the politicians. Criminalizations of the purchase of sexual services, and of rape, are mentioned as examples. There can also be clear disagreements between the experts and the politicians. This has occurred, for example, in connection with the decision to lower the age of criminal responsibility in Denmark and to criminalize sexual intercourse with animals in Sweden. Such cases often result in a situation where the political decisions are contrary to the approved criminalization theories.
Artikel 4, s. 78
Brødre for evigt? Om tilgang og afgang i rocker-/bandemiljøer
Brothers forever? Influx and desistance from outlaw biker clubs and other gangs.
Af Malthe Øland Ribe, Studenteransattes Landsforbund
Abstract
This study examines turnover among gangs in Denmark. Gangs are defined as organized groups involved in serious crime. Compared to American street gangs, Danish gang members are generally older, more organized and involved in gang activities over a longer period. Data originates from the Police Intelligence Database, where gang members are systematically registered. When a person is no longer considered active in a gang, the individual is removed from the database. The study includes 3,593 males registered in the database between June 2009 and December 2016. At any given time, approximately two-thirds of the study population was registered as affiliated with outlaw motorcycle clubs such as the Hells Angels and Bandidos. The study finds that less than one-tenth of the members were registered during the entire period of seven and a half years. Stable gang members are generally outlaw bikers. The average duration of gang membership among those who left the gang is 3.2 years. There are, however, huge differences between the gangs in this respect. Likewise, the relationship between membership duration and age at onset varies between outlaw biker clubs and other gangs. The youngest members leave the biker gangs first, while the opposite is the case for other gangs. Less than one-tenth of the gang members who, according to the police data, left their gang, were registered again later on. Outlaw bikers who temporarily left their gang tend to re-join the same organization, while other gang members are more likely to join different gangs if they return. Some gang members changed gang affiliation without leaving temporarily. As half of these turnovers happened simultaneously, it suggests merges of, or splits in, existing gangs.
NTFK 2-2018
Artikel 1, s. 111
Fremmedkrigere og andre udrejsende i terroristers tjeneste
Foreign Fighters and other expartriates in the service of terrorists
Af Jørn Vestergaard, Københavns Universitet
Abstract
Since the beginning of the armed conflict in Syria and the emergence of the Islamic State in 2012, the threat posed by so-called foreign terrorist fighters has caused vast concern internationally. New criminal provisions have been established in domestic laws in order to prevent, prosecute and penalize individuals who travel to a state other than their states of residence or nationality for the purpose of the perpetration, planning, or preparation of, or participation in, terrorist acts or the providing or receiving of terrorist training, including in connection with armed conflict. Over the last fifteen years, counterterrorism legislation in Denmark has become particularly wide reaching. Recently, some rather harsh sentences were handed out in a number of cases for perpetrations committed by individuals travelling to Syria in order to join the Islamic State. In such instances, rehabilitation - based on schemes like the internationally recognized Aarhus Model designed to promote de-radicalisation and community re-integration - has been completely overridden.
Artikel 2, s. 133
Fra «Arbeidsmengde» til «Resultat»: Oslo-politiets egen presentasjon av kriminalstatistikk 1950-2008
From Workload to Result: The presentation of crime statistics ine the Oslo Police Annual Reports 1950-2008
Av Heidi Mork Lomell, Professor, Institut for Kriminologi og Retssociologi, Oslo
Abstract
In this article, I analyse the presentation of crime statistics in the annual reports of the Oslo Police from 1950 to 2008. During this period, data on reported crime have been presented in various ways under different social, political and ideological circumstances. In the first decades, the police were reluctant to identify causes and suggest solutions to the increasing crime rate. The crime rate was seen as having a life of its own, i.e., independent of the police and policing activities. Later on, the police gradually attached themselves to the crime rate by explaining increases and decreases as a direct result of policing activities. This new narrative reduces the scope of crime policy initiatives as other factors that influence the crime rate become invisible.
Artikel 3, s. 154
Børn og unges deling af digitale billeder og film
Children’s and young people, sharing of digital images and videos
Af Nicolaj Sivan Holst, lektor i strafferet og straffeproces, Juridisk Institut, Aarhus Universitet
Abstract
In spring 2018, Danish police charged more than 1,000 young people for possession and sharing of child pornography. The cases arose as part of a national effort, “Operation Umbrella”, and were persued in almost all police districts in the country. The action has prompted new discussions concerning children’s and adolescents’ behavior on the internet. Not least it has drawn much attention to important legal (and even criminal) aspects that were for the most part previously ignored in the public debate. The sharing of sex-related videos and images has been especially in focus. The current article focuses on the Danish legal framework and its consequences for children and adolescents who share videos and images of a personal or sexual nature on the internet. It is argued that young people must be taught the legal and criminal consequences of these actions early in life. Such activities cause more harm both to victims and offenders than many people – including young people themselves – typically realize. In these matters, Danish criminal law is in principle very similar to Norwegian and Swedish legislation.
Artikel 4, s. 170
”Otrygghet” i politisk kommunikation – en begreppslig analys och jämförelse av 1970- och 2010-talen”
”Insecurity” in political communication: a conceptual analysis and comparison of the 1970’s and 2010’s
Av Hanna Sahlin Lilja, Doktorand, Sociologiska Institutionen, Lunds Universitet
Abstract
This paper examines the usage, function and meaning of the Swedish concept of ”otrygghet” (approx.: insecurity) in political documents from two periods: the 1970s and 2010s. Departing from a theoretical framework inspired by conceptual historian Reinhart Koselleck, the paper synchronically compares documents from Sweden’s two largest parties (Socialdemokraterna and Moderaterna) and diachronically compares conceptual usage over two periods of time in election manifestos and in motions and propositions from the Swedish Parliament. The aim is to asses if and how the implementation of fear of crime research in Sweden (translated into Swedish as research on “otrygghet”) has affected conceptual usage. The analysis finds that the concept’s use has generally changed from work-related to crime-related contexts. Furthermore, notions concerning the causes of “otrygghet” have changed focus from powerful actors such as the state, politicians and the market, to groups low on the social hierarchy, such as criminals, beggars and gangs of youths.
Artikel 5, s. 191
Hvordan måles behandlingsudbyttet af fængselsindsatser? En diskussion af GPPM og dets teoretiske dimensioner
Measuring treatment outcomes of prison efforts: A discussion af the GPPM
Af Nichlas Permin Berger, Jacob Ladenburg og Ulf Hjelmar, Vive, Danmark
Abstract
In 2016, the Danish Prison and Probation Service introduced the Canadian tool GPPM (Generic Program Performance Measure for Correctional Programs) as part of MOVE, a cognitive-behavioural program for prisoners recently developed in Denmark. The tool measures the performance and progress of participants in correctional programs and allows the rating of offenders’ skill development, motivation levels, attitude changes and program participation. Furthermore, GPPM output is used to give structured personal feedback to the individual participants on their performance during and after the completion of the program in order to support prisoners’ developmental improvement. Using Danish correctional program data (LS/RNR) and GPPM results from 50 prisoners, we examine the different dimensions of the GPPM tool and discuss the possibilities of improving its applicability. First, we identify three separate dimensions of participant performance and argue that they provide a more detailed and accurate measure than the two dimensions identified by the original tool. Second, we find that the use of LS/RNR data in combination with GPPM data increases the likelihood of correctly identifying which prisoners will benefit from specific rehabilitation programmes thereby contributing to overall program effectiveness. Third, we note that an overemphasis on high-risk prisoners may distract from the fact that program participation for low-risk prisoners can prevent an increase in their risk levels over time.
NTFK 3-2018
Artikel 1, s. 216
Uafhængighed gør det ikke alene – en evaluering af Den Uafhængige Politiklagemyndighed
Independency does not do it alone: An evaluation of the Independent Police Complaints Authority
Af Lars Holmberg, Københavns Universitet
Abstract
The present paper presents the main results of an evaluation of the Independent Police Complaints Authority in Denmark. Overall, the establishment of the new authority in 2012 does not seem to have had much impact on complainants’ satisfaction: 73% are dissatisfied with the overall handling of their complaint. The majority recognizes the authority as being independent of the police, but the majority also believes that the handling of their case was biased in favour of the police. Whereas the focus of the Authority is to determine whether individual officers did something wrong, most complainants seem more interested in holding the police organization accountable. The paper suggests that mediation be tried as an alternative way of handling some complaints. So far, however, legal obstacles seem to make this impossible.
Artikel 2, s. 240
”Ett påföljdssystemet där en återfallsbrottsling inte döms till strängare straff saknar trovärdighet’’!
”A criminal sanctioning systemin which a recidivist isn’t given an more severe punishment lacks reliability”
Av Per Ole Träskman, professor emeritus, Lunds universitet
Abstract
A very important legal revision of the Swedish criminal law was carried out in 1969: the new provisions concerning sentencing were adopted and have been the basis for the determination of proper sanctioning ever since. The punishment and other sanctions for an offence shall be determined according to the « penal value » of the offence – which requires a just proportionality between the offence and the sanction. Divergence is, however, allowed in some cases, and one of these cases is recidivism: recidivism must be punished more harshly. The same opinion has been repeated in many official documents since then, with a strong emphasis on the notion that a criminal sanctioning system has no reliability if a recidivist isn’t punished more harshly. This opinion might initially seem completely unproblematic, but the question is why it is so, how it has become so, and if it is really the right solution. The article examines whether it is accurate to say that a criminal sanctioning system where a recidivist isn’t punished more harshly lacks reliability. The article provides a historical context and an analysis of how the opinion that a recidivist shall be punished more harshly can be justified on the basis of different ideologies. The historical review shows that the opposite opinion, i.e., that a recidivist deserves a more lenient punishment, has also been presented. It is quite easy to defend the opposite opinion on the bases of both individual and general prevention theories. But can it be justified on the basis of just desert theory? In Sweden it is officially justified with reference to « a tolerance principle ». The first offence can be partially tolerated and punishment can therefore be more lenient than the theory of proportionality requires. Is this in accordance with the general sense of justice? The article refers to three Swedish studies that arrive at different conclusions. The most recent study concludes that « public sentiment » does not come across as sufficiently homogeneous, on its own, to legitimize a system where repeat offenders are systematically and consistently punished more severely than offenders with no previous convictions ».
Artikel 3, s. 254
Klostret i Halden fengsel – noe for seg selv
The Monastery at Halden Prison: something for Oneself
Av Inger Marie Fridhov, Kriminalomsorgens høgskole og utdanningssenter
Abstract
This article examines the introduction of «monastic» practices at Halden, a high-security prison in Norway. Each year, prisoners at Halden are offered a 21-day, contemplative retreat based on Christian rituals. No special beliefs or religious membership are required for participation. One might wonder why inmates in a high-security prison would choose to subject themselves to even more restrictions. And what outcomes might this practice produce? Documentation from the six retreats that have taken place since 2013 is rather minimal. Most of what we have are qualitative reflections from magazines and papers, as well as a few reports. All of these sources are very positive and enthusiastic. Some prisoners report having gotten a new life and new hope. Since very few of the participants have been released, it is not yet known whether the program helps to reduce recidivism. What we do know is that the participants report getting a better life in the here and now. If a new life and new hope are achieved, the participants will probably also benefit from it in the future.
Artikel 4, s. 268
Totalisme, Totalitarisme og Demokrati i Nordiske Fængsler?
Totalism, Totalitarianism and Democacy in Danish Prisons
Af Hans Jørgen Engbo, tidligere fængselschef i Danmark og direktør for Kriminalforsorgen i Grønland
Abstract
In the 1950s, sociologist Erving Goffman introduced the concept of the »total institu¬tion«, referring to an institution that served as »a place of residence and work where a large number of like-situated individuals, cut off from the wider society for an appre¬ci¬able period of time, together lead an enclosed, formally administered round of life«. Although more than half a century old, the concept remains widely used in con¬tem¬porary penology, including penology in the Nordic countries. The current article questions what seems to be an almost automatic reliance on Goffman’s theoretical framework in spite of the fact that modern Nordic prison regimes differ decisively from the US prison regimes that inspired Goffman's concept. Following this, the article discusses whether Nordic prison regimes may be termed demo-cratic or totalitarian. The conclusion is that Nordic prisons are formally democra¬tic institutions, and after the rights-based paradigm shift in the 1960s and 1970s, even sub-stan¬tive democracy has penetrated the prison gates. That said, the actual and legal conditions in Nordic (at least Danish) prisons do include the presence of certain totali-tarian features.
Artikel 5, s. 288
Prosessen å bli til som en reflektert fengselsbetjent
The process of becoming a reflective prison officer
Av Marit Grønvold, høgskolelektor ved Kriminalomsorgens høgskole og utdanningssenter
Abstract
Beginning in January 2019 the university college of the Norwegian Correctional Service will offer a supplementary course leading to a bachelor’s degree in correctional studies. This is a move from offering only a two-year college candidacy degree to providing a full undergraduate education to prison officers. A prison officer’s day is typically characterised by interaction with a diverse prison population, work stress, and financial cutbacks. Meanwhile prison officers are expected to reflect on professional practice, interpret inmates’ and their own reactions, and understand the prison as an organisation and how it should ideally function. Being thoughtful and exercising good judgement are necessities in order to handle the role as prison officer. The professional officer needs to develop a sound platform if he or she is to understand conflict within the field. This article discusses the evolution of reflection in students studying to become prison officers. The data is drawn from a qualitative study based on 35 interviews with 12 students over the course of their education. The informants’ stories of learning are analysed using Bourdieu’s habitus concept as a starting point. The empirical focus is the process of becoming a thoughtful prison officer. The stories are not analysed individually, but are used to provide a collective picture of how one evolves into a thoughtful prison officer. The study is designed to contribute to the field of college didactics in correctional studies.
Artikel 6, s. 311
Sugardating – Rufferi, udnyttelse og mellemmandsvirksomhed i den digitale tidsalder
Sugarating: Procurement, exploitation and intermediary facilitation in the digital age
Af Nicolaj Sivan Holst, Lektor, PhD, Aarhus Universitet
Abstract
This article provides a legal analysis of the new web-based phenomenon, sugardating services, and describes these services as they pertain to prostitution regulations in Denmark. The article also includes a more general analysis of the Danish criminal regulation of prostitution in a digital context. It is concluded that the legislation is from another era, and that these new services pose a challenge for the existing criminal legislation regarding the exploitation and promotion of prostitution. It is also concluded that web-based services, such as sugardating websites, must take effective measures to ensure that they are not used for purposes of prostitution by their users.
Artikel 7, s. 325
Cyber-kriminalitet eller nye manifestationer af overtrædelser? Nogle refleksioner om forbrydelser på nettet
Cybercrime or new manifestations of offenses ? Reflections on criminality online
Af Kolbrún Benediktsdóttir, Vicestadsadvokat, Island
Abstract
Development in the field of technology has been fast in the latest decades and much of our communications are through the internet or social media. Increased use of computers and the internet has had substantial influence on almost all spheres of human life. This also means that technology has influenced crime. New types of offences have emerged, such as hacking, but we also see new manifestations of classic types of offences. Technology is being used to commit offences in new ways. Evidence for this can be found on computers, smartphones, social media and so on. This development is especially significant when it comes to sexual offences. Many sexual offences are now committed over the internet and by way of social media, and criminal evidence is often found on these media. It is therefore crucial that representatives of the criminal legal system stay abreast of changes in virtual technology so that they are able to recognize, investigate and analyse these offenses through the looking glass of the justice system. Likewise it is very important that the criminal and procedural law remain current.
Artikel 8, s. 334
Sundhedspersoner strafansvar for grovere eller gentagen forsømmelse eller skødesløshed
The criminal liability of healthcare professionals accused of gross negligence
Af Søren Birkeland, overlæge, lektor, cand. jur., ph.d., Institut for Regional Sundhedsforskning, Syddansk Universitet
Abstract
The Danish Supreme Court recently passed judgement in the so-called 'Svendborg Case' concerning the treatment of a male diabetic admitted to an emergency room for abdominal pain. The patient developed a severe hypoglycaemia and brain damage, and later died. Referencing para 75 of the Healthcare Authorization Act warranting fines or imprisonment, the prosecuting authority charged a young resident with gross negligence. While the resident was found not guilty, the case prompted a re-examination of the interpretation of para 75. This paper reviews the Svendborg Case and previous case law. When assessing the criminal liability of healthcare professionals, a number of themes emerge including severely inadequate patient examinations, hazardous use of drugs, essential non-excusable surgical errors (’wrong-side-surgery’ etc.) and utilization of perceptibly unlawful interventions. Section 75 seems to apply primarily when individuals diverge substantially from standard healthcare practices. From a more generic criminal law perspective, emphasis is placed upon a situational, usually demonstrable, and inexcusable deviation from norms (the ’objective’ component also emphasising repeated deviations). Furthermore, weight is put on the presence of premeditation or a particular degree of carelessness (lack of caution/negligence; a ’subjective’ component). Finally, weight is put on potential for injury that must be substantial, possess a plausible causal connection to the health professional’s action (or inaction), and in the particular situation should be taken into account (’inter-subjective’ component). With that said, it must be acknowledged that the boundaries between the aforementioned components are sometimes blurred.
Artikel 9, s. 357
Straf for frivillige seksuelle forhold – den store afkriminalisering
Punishment for consensual sexual relations – the massive decriminalization
Af Morten Kjær, Adjunkt, Syddansk Universitet
Abstract
This article deals with the decriminalization of consensual sexual relations in Denmark 1683-1930. After the promulgation of Danske Lov 1683 the sexual offenses slowly disappeared from criminal legislation. Whereas the arguments in favor of criminalization had been the invocation of God’s wrath, references to the Bible and public outrage, these arguments were abandoned in favor of more phlegmatic discussions of the positive and negative effects of criminalization. This ultimately led to the decriminalization of fornication, adultery, homosexuality and bestiality. Thus, today only fragments of the criminalization of the consensual sexual offenses exist in Danish criminal law. While criminal legislation often is remarkably conservative when it comes to the question of criminalization, the great decriminalization of the sexual offenses is an important example of discontinuity – on how the criminal law in Demark developed from 1683 to 1930.