Criminological and comparative criminal justice research at the University of Greifswald Frieder Dünkel, University of Greifswald Paper presented at the

Criminological and comparative criminal justice research at the University of Greifswald Frieder Dnkel, University of Greifswald Paper presented at the 27 th Baltic Criminological Conference, Vilnius, 27 June 2014

Outline 1.History of the Department of Criminology at Greifswald 2.Developing empirical research projects: partners, funding and research topics 3.Criminological research: youth crime and crime prevention 3.1Persistent and intensive offenders in Mecklenburg-Western Pomerania 3.2Violence and right wing extremism in Greifswald and on the isle of Usedom: youth surveys 1998-2002-2006 3.3Mare Balticum youth survey, 2002-2007: youth crime in the states of the Baltic Sea 3.4Youth crime survey in Mecklenburg-Western Pomerania, 2014-2015 4.Sanctions systems and sentencing practice in juvenile and adult criminal justice 5.Stocktaking of the German prison system: the youth and adult prison system 6.International comparative prison research 6.1Mare-Balticum-Prison survey (2002-2005) 6.2Women's imprisonment in Europe (2003-2011) 6.3Juvenile justice and youth imprisonment in Europe (2007-2011) 6.4Explaining prison population rates in Europe (2006-2010) 6.5Long-term imprisonment in Europe (2007-2014) 6.6Restorative justice in Europe (2011-2014) 7.Summary and outlook

1.History of the Department of Criminology at Greifswald Starting of research and teaching: 1992 Staff: one sociologist as permanent research staff; 2 lawyers as assistant researchers, 5-10 doctoral students, 1 secretary Ca. 25,000 per year for student researchers First projects: 1994/95: Development of the infrastructure of juvenile justice agencies in the old and new federal states (Lnder) in Germany 1996-99: Persistent youth offenders in Mecklenburg-Western Pomerania Since 1992: Statistical data collection on prison regimes in comparison of the federal states in Germany Since 2002: international comparative research Since 2006: Master-programme Criminology and Criminal Justice

2.Developing empirical research projects: partners, funding and research topics The choice of projects partly was a result of evident problems of the region in the state of Mecklenburg-Western Pomerania and the new federal states in Germany: Increasing youth crime and in particular violent crime rates in the early 1990s The necessity of developing a modern infrastructure of youth justice agencies The necessity of reforming the old soviet style prison system Partners and funding institutions: Ministry of Justice and Ministry of Interior M-WP; Federal Ministry of Justice, Berlin, German Research Foundation (DFG), Volkswagen Foundation, European Union, Criminal Justice Programmes

The big four: major research areas in Greifswald 1.Youth crime and crime prevention 2.Sanctions systems and sentencing practice in juvenile and adult criminal justice 3.The German prison system: the youth and adult prison system in comparison of the federal states (Lnder) 4.International comparative research: prisons, juvenile justice, restorative justice

3.Criminological research: youth crime and crime prevention Research topics: Youth crime in Mecklenburg-Western Pomerania (Skepenat 2000) Young persistent offenders in Mecklenburg-Western Pomerania (Kunkat 2002) Youth violence and crime prevention in Greifswald and Usedom (Dnkel/Geng 2003; Dnkel/GebauerGeng 2008) Youth violence in East and West (Dnkel/Drenkhahn 2003)

3.1Persistent and intensive offenders in Mecklenburg-Western Pomerania 614 repetitive offenders (registered 3 times within the period from 1 January to 30 June 1996), looking at their registered career from 1991-1999. Research questions: Development of incidence rates and kind of committed crimes, sentencing practice of youth courts

8 Minor property or violent offences Serious violent offences Petty offences Serious property offences Study on persistent offending of juveniles in the Federal State of Mecklenburg-Western Pomerania/Germany, 1991-1999 1st offence 2nd offence3rd offence4th offence5th offence6th offence7th offence8th offence

Study on persistent offending of juveniles in the Federal State of Mecklenburg-Western Pomerania/Germany, 1991-1999 1st offence 2nd offence 3rd offence4th offence 5th offence6th offence7th offence8th offence Diversion Youth detention Youth imprisonment fines Educ. meas.Discipl. educ. meas. Susp. sent., probation

10 Kind of crime Seriousness of crime Severity of sanctions Study on multiple offending of juveniles in the Federal State of Mecklenburg-Western Pomerania/Germany, 1991-1999: Development of the severity of sanctions and the seriousness of offences

3.2Violence and right wing extremism in Greifswald and on the isle of Usedom: youth surveys 1998-2002-2006 For the results see: Dnkel, F., Gebauer, D., Geng, B. (2008): Jugendgewalt und Mglichkeiten der Prvention. Gewalterfahrungen, Risikofaktoren und gesellschaftliche Orientierungen von Jugendlichen in der Hansestadt Greifswald und auf der Insel Usedom. Ergebnisse einer Langzeitstudie 1998 bis 2006. Mnchengladbach: Forum Verlag Godesberg.

Entwicklung der Jahresprvalenzraten bei Gewaltviktimisierungen von Jugend- lichen in Greifswald und auf der Insel Usedom im Vergleich mit Ergebnissen der KFN-Schlerbefragungen 1998 und 2005/2006

Entwicklung der Jahresprvalenzraten von Gewaltdelikten bei Jugendlichen in Greifswald (1998-2006) und auf der Insel Usedom (2002-2006) im Vergleich mit Ergebnissen der KFN-Schlerbefragungen 1998 und 2005/2006

Greifswald, 2006, n=832

3.3Mare Balticum youth survey, 2002-2005: youth crime in the states of the Baltic Sea Mare-Balticum-Youth-Survey Youth violence and victimisation 4,854 pupils in 6 cities of the Baltic Sea region (mean age 15 years)

Universitt Greifswald, Mare-Balticum-Youth-Survey 2002-04

Self-reported violent delinquency of juveniles (lifetime- prevalence) by categories of parental violence (one-year- prevalence) according to cities

Experiences of parental violence as a risk factor for later self- reported violent delinquency In the last 12 months my parents neverseldomsometimesoften/very often 1. have thrown something after meNVCP SCP 2. have gripped me hard or shoved meNVCP SCP 3. have hit me / slapped me in the faceNVCP SCP 4. have hit me with somethingNVSCP 5. hit me with fists, or kicked meNVPARPA 6. battered me, thrashed / beaten me NVPARPA Key: NV = Non-victim; CP= corporal punishment; SCP= severe corporal punishment; PA= physical abuse; RPA = repeated physical abuse Categories of parental violence (acc. to Wilmers et al. 2002) Experiences of violence within the family (One year prevalence) by cities

Explaining youth violence risk factors Logistic regression of self-reported violent delinquency (total sample, N = 4861), regression coefficient: (cursive) and degree of significance: p-level

3.4Youth crime survey in Mecklenburg- Western Pomerania, 2014-2015 Recently a representative poll of pupils in Mecklenburg- Western Pomerania is prepared as a follow-up study of the research conducted in 1998, 2002, 2006. The aim of the study is to explore youth violence, victimisation of juveniles, the political and social orientations of pupils (inter alia right-wing-extremism, xenophobia) A special focus will be given to school absenteeism

4.Sanctions systems and sentencing practice in juvenile and adult criminal justice Research topics: Mediation (Steffens 1999; Schwerin-Witkowski 2003) Implementation of educational measures in juvenile justice (Dnkel/Geng/Kirstein 1998) Sentencing practice in juvenile justice in comparison of (new and old) federal states (Krplin 2002) Alcohol consumption, drunk driving and sentencing of traffic offenders (Glitsch 2003) Electronic monitoring of offenders in a European comparative perspective (Harders 2014) The supervision of conduct order in Mecklenburg-Western Pomerania (Rohrbach 2014) Youth detention for non-compliance to community sanctions (Kratochvil-Hrr 2014)

24 A success story: How to reduce the fine defaulter population? The project Ausweg (Exit) in Mecklenburg-Western Pomerania In Mecklenburg-Western Pomerania the proportion of the daily prison population incarcerated because on non- payment of a fine was 22% of the adult sentenced prison population (absolute: about 120 prisoners on a given day). In 1998 the project Ausweg (Exit) was inaugurated by extensively increasing the possibilities of community service replacing custody for fine defaulters. More than 1,600 institutions with working facilities, 62 institutions with special care by social workers for fine defaulters with particular handicaps (mostly alcohol problems) etc.

Transfer of fine defaulters to community service Number of entries to the project (1996-2003) # # # # # # # # & & & & & & & & * * * * * * * * ) ) ) ) ) ) ) ) 19961997199819992000200120022003 Year 0 200 400 600 800 1000 1200 1400 Number of applications for community service (n) Neubrandenburg Rostock Schwerin Stralsund )* 1264 981 719 467 453 461 274 826 619 444 425 419 499 375 642 502 364 345 329 215 316 873 789 548 595 471 467 364 Starting of the project 961 886 860 1237 Summe:1.3291.6421.6721.8322.0752.8913.6053.944

How to reduce the population of fine defaulters? The project Exit in M-W P) Prisoners serving custodial sentences for fine defaulting in Mecklenburg-W. Pomerania, 1996-2005

27 Results of the projects Exit The daily population of fine defaulters has cut down by about half: from 120 to 60-70! (From 22% to 5-7% of the daily adult prison population) The 6 social workers employed during the model phase (occupied as employment agencies allocating fine defaulters to specific working facilities) have been employed by the state on a permanent base. The cost-benefit-analysis of the project revealed an annual saving of about 1,15 Billion ! (Costs 2010: 4,500,000 ; benefits, saved costs of imprisonment: 1,600,000 per year) = saved costs for imprisonment (only the part for food and accommodation of fine defaulters) vs. costs for the 6 social workers and other project costs (e.g. special care for handi-capped fine defaulters). The Federal Ministry of Justice recommended the project Exit to other states! Literature: Dnkel, F., Scheel, J.: Vermeidung von Ersatzfreiheitsstrafen durch gemeinntzige Arbeit: Das Projekt Ausweg in Mecklenburg-Vorpommern, Mnchengladbach: Forum Verlag Godesberg, 2006.

5.Stocktaking of the German prison system: the youth and adult prison system Research started already at the Max-Planck-Institute in Freiburg: Dnkel/Rosner 1981, 1982, statistical analysis of the German prison system (imprisonment rates, prison leaves, disciplinary measures, suicide, escapes etc.) 1989: empirical study on the prison population in Hesse 1992: empirical study on released male prisoners in Schles-wig- Holstein (SH) and women in Berlin and SH (Dnkel 1992) Dnkel 1996: Empirical research in prisons (Empirische Forschung im Strafvollzug, Vol. 1 of the Greifswald series on prisons, juvenile justice and criminology) Developing the Greifswald Inventory on Prisons (Greifswalder Inventar zum Strafvollzug, GIS)

Research topics of prison research in Greifswald Complaints procedures and control of prisons (Koeppel 1999) The effects of imprisonment on family relationships (Kunz 2003) New forms of administrating youth prisons (economical issues and business administration in the prison system, Fleck 2004 ) Socio-therapeutic prison units in Germany (Drenkhahn 2007) The development of youth prisons in Mecklenburg-Western Pomerania (Lang 2007) Pre-trial detention and alternatives to pre-trial detention in Mecklenburg-Western Pomerania (Kowalzyck 2008) Organisation and arrangement of prison labour (Hillebrand 2009) Reform of juvenile prison laws in Germany (Khl 2012) Health issues concerning prison staff (Schollbach 2013) Disciplinary and security measures in juvenile prison laws in Germany (Faber 2014) The training of prison officers in comparison of the federal states (Blanck 2014)

6.International comparative prison research Research projects (dissertations) Prison leaves in France and Germany (Fritsche 2005) The prison system in Lithuania (Sakalauskas 2006) The prison system in Russia (Rieckhoff 2008) Prisons and prison policy in Sweden (Yngborn 2011) The prison system in Poland (Grzywa-Holten 2014)

6.1Mare-Balticum-Prison survey (2002-2005) Interviews with 821 male adult prisoners in 8 countries Human rights in prison empirical findings on living conditions in prisons in the countries of the Baltic Sea region

Universitt Greifswald, Mare-Balticum-Prison-Survey 2002-04

6.2Women's imprisonment in Europe (2003- 2011) Interviews of 653 women prisoners and with about 150 staff members in 9 countries Later 3 more countries involved: The Netherlands, South Africa and Surinam Women's Imprisonment in Europe Comparative analysis of womens prisons - current situation, demand analysis and "best practice"

6.3Juvenile justice and youth imprisonment in Europe (2007-2011) National reports of all EU member state and candidate states for the EU 34 country reports, including information on: The historical development of juvenile justice, reform trends in juvenile justice legislation, juvenile delinquency, informal and formal sentencing systems and practice, juvenile criminal procedure, youth imprisonment and other forms of deprivation of liberty.

The situation and reform trends of juvenile justice systems in Europe have been described in: 2 nd revised ed., 2011! 4 vol., 1,908 pages 48 Reform tendencies in European juvenile justice

Diversion by the prosecutor by the judge Sanctions of the juvenile court (%) Educative measures Susp. y. prison sent. Youth Imprisonment Short term detention Deprivation of liberty; of which: youth imprisonment 2010: 2% Other non-custodial measures (community service etc.) Diversion rate Trends in sentencing juvenile offenders the case of Germany 2%

Reducing juvenile imprisonment: Russia declaring a new decarceration strategy 50 1 st November 2012: 2,300 juveniles (14-18 y.) in prison; since 2001: -88%! Juveniles (under 18 y.) in youth prisons in Russia

Further comparative juvenile justice projects (dissertations) Juvenile justice in Latin America, in particular in Costa Rica (Tiffer-Sotomayor 2000) Juvenile justice in Colombia, Bolivia and Costa Rica (Gutbroth 2010) Juvenile justice in Chile, Bolivia and Peru (Castro Morales 2014) Juvenile justice in Russia (Pergataia 2001) Young adults in the framework of juvenile justice in Europe (Pruin 2007) Juvenile justice in the Ukraine (Zaikina 2012) Juvenile justice in Romania (Paroanu 2014)

6.4Explaining prison population rates in Europe (2006-2010)

Explanations for the variation and development of prison population rates Crime development? In general and with special regard of serious crimes (which are likely to be sentenced by imprisonment) (-/+, contradictory results; most likely less important) Socio-economic factors (unemployment etc.), socio- demographic factors (proportion of foreigners etc.) (-/+) Influence of media (-/+) Political, democratic culture, aspects of political science (trust, legitimacy etc.) (+) Crime policy (penal law legislation) (+) Sentencing practice of courts (front-door) (+) Release practice, parole (back-door) (+) (see Dnkel/Snacken 2000; von Hofer 2004; Lappi-Seppl 2007; 2010; Dnkel/Lappi-Seppl/Morgenstern/van Zyl Smit 2010; Karstedt 2010).

6.5Long-term imprisonment in Europe (2007-2014) Percentage of long-term prisoners (> 5 years, life, without indeterminate security measures) in participating states, 2000-2010 (SPACE I)

Long-term prisoners: Number of prisoners per cell by country (%)

Long-term prisoners: Participation in treatment (%)

6.6Restorative justice in Europe (2011-2014) The project was funded by the EU The final report will be published by Forum Verlag Godesberg in autumn 2014 Dnkel, F., Grzywa, J., Horsfield, P. (2014) (Eds.): Restorative Justice and Mediation in Penal Matters A stocktaking of legal issues, implementation strategies and outcomes in 36 European countries. Mnchengladbach: Forum Verlag Godesberg

36 Countries and jurisdictions covered by the study Austria Belgium Bosnia-Hercegovina Bulgaria Croatia Czech Republic Denmark England/Wales Estonia Finland France Germany Greece Hungary Ireland Italy Latvia Lithuania Macedonia Montenegro Netherlands Northern Ireland Norway Poland Portugal Romania Russia Scotland Serbia Slovenia Spain Sweden Switzerland Ukraine Turkey

Stages of Criminal Procedure at which RJ is available Delivery of reparation or successful restorative process as grounds for/condition of pre-court diversion Austria; Bosnia-Herzegovina; Belgium; Bulgaria; Croatia; Czech Republic; England/Wales; Estonia; Finland; Germany; Greece; Hungary; Ireland; Italy; Latvia; Lithuania; Macedonia; Montenegro; Netherlands; Northern Ireland; Norway; Poland; Portugal; Romania; Russia; Scotland; Serbia; Slovenia; Slovakia; Spain; Sweden; Switzerland; Turkey; Ukraine Delivery of reparation or successful restorative process as ground for/condition of court diversion Austria; Bosnia-Herzegovina; Bulgaria; Croatia; Czech Republic; Estonia; Germany; Greece; Hungary; Italy; Latvia; Lithuania; Macedonia; (Netherlands); Montenegro; Poland; Scotland; Switzerland; Romania; Russia; Serbia; Slovenia; Spain; Switzerland; Turkey; Ukraine

Court Sanctions with restorative character (including Community Service) Austria, Bosnia-Herzegovina, Bulgaria, Croatia, Czech Republic, Denmark, England/Wales, Estonia, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Macedonia, Montenegro, the Netherlands, Norway, Poland, Portugal, Romania, Russia, Serbia, Slovakia, Slovenia, Spain, Switzerland, Turkey, Ukraine. RJ as a ground for sentence mitigation Belgium; Croatia; Denmark; Estonia; Finland; Germany; Greece; Ireland; Latvia; Lithuania; Netherlands; Poland; Portugal; Romania; Russia; Spain; Sweden; Switzerland; Turkey; Ukraine

Predominantly available only in individual institutions as pilot projects (England/Wales, Bulgaria; Hungary; Italy; Latvia; Netherlands; Norway; Poland, Scotland; Switzerland; Ukraine); Poland, Portugal, Croatia, Germany: Legislative provision is made for RJ in prisons, however are defunct in practice as no sufficient services are provided; Restorative Justice a potentially promising strategy for early release programmes, rehabilitation programmes, as conditions to be met when released on probation and as means of resolving conflicts within prisons. Use of RJ practices in prison settings Belgium; Bulgaria; Denmark; England/Wales; Finland; Germany; Hungary; Italy; Latvia; Netherlands; Norway; Poland; Portugal; Scotland; Switzerland; Russia; Spain; Ukraine;

The Use of Restorative Justice in Practice Finland: 9.248 adult offenders and 4.311 juvenile offenders referred to VOM in 2011; Norway: about two thousand young offenders are referred to VOM each year. By contrast, only about 1/10 th that number of adults are referred; Austria: roughly 5-6% of all juveniles who come to the attention of the prosecution service are referred to VOM. There, the figures have in fact been declining in recent years, from over 1.500 in 2005 to just under 1.300 in 2009; The declining trend can also be seen in Slovenia, where in 2004 just over 1.900 VOMs were conducted with adult offenders and 344 with juvenile offenders the respective absolute figures for 2011 were 1.532 and 88 respectively.

The Use of Restorative Justice in Practice (2) Slovenia is an interesting anomaly in Europe in that VOM plays a greater role with adult offenders. The same applies to Hungary as well, where in 2011 there were 3.874 VOMs with adult offenders, yet only 370 involving juvenile offenders; In England and Wales, 33% of all court sanctions are Referral Orders, however the restorative value of Referral Orders remains to be discussed, with a victim participation rate of only 12% and only 7% of agreed reparation actually being made to the direct victim. Only marginal role for adults; In Germany, 2% of all court interventions in 2010 were referrals to VOM (2.700 in absolute terms), and a further 3.2% were Reparation Measures; 1.000 VOMs at court level for adults in 2010;

The Use of Restorative Justice in Practice (3) In the remainder of the countries who were able to provide data, the annual case loads are low, and not representative for the whole country. But the picture remains that they are used only sparingly; Portugal: In 2011, 90 requests for VOM involving adult offenders, 38 completed; 150 juvenile cases per year; Poland: 200-300 per year (juveniles); 960 successful VOMs involving adults in 2010; Bulgaria: 2% of all court measures for juveniles involve RJ; Ukraine: 364 referrals of juveniles 2004-2011; Estonia: Use increasing (32 VOM in 2007, 417 in 2011). 2% of diversionary measures in 2007, 8% in 2011. Latvia: 2005 there were 51 VOMs, 2013 about 950; 23% of court sanctions are to community service Altogether: Restorative Justice measures quantitatively remain rather limited due to problems of implementation and acceptance by criminal justice agencies.

Evaluation of RJ measures concerning recidivism With few exceptions (England) almost no methodologically satisfying research on recidivism after RJ measures/processes exists. Some further research (Germany, Northern Ireland) indicates that RJ is able to reduce re- offending, at least is not less favourable compared to other non-custodial sanctions.

7.Summary and outlook Criminological and comparative research at the department of Criminology in Greifswald have been developed dynamically. 35 books and more than 500 articles have been published by the head of department, numerous additional ones by researchers at the department 40 dissertations since 1996 Criminological research had a major impact on crime policy, legislation and practice in the criminal justice system Researchers have been involved in legislation by giving numerous expert opinions concerning prison laws in the federal states as well as on the federal level

71 Summary and outlook (2) Criminological research in Greifswald covers a wide range of topics. It covers areas of basic criminological research such as development and causes of juvenile crime and persistent offending or on social integration of ex-prisoners, but to a large extend it is application-oriented. One main focus is oriented to the regional development and practice of criminal justice agencies in Mecklenburg-Western Pomerania, But also national (Lnder) und international comparative aspects play an important role.

72 Summary and outlook (3) Criminological research is indispensable for a rational crime policy. Therefore critical, committed and enthusiastic young researchers are needed. The perspectives in Greifswald are probably very good: 2015 a new head of the department will be appointed. The chair remains a chair of (empirical) criminology! So: Come together! Criminology makes fun!

73 Prof. Dr. Frieder Dnkel [email protected] http://jura.uni-greifswald.de/duenkel Ernst-Moritz-Arndt-Universitt Greifswald, Lehrstuhl fr Kriminologie Domstr. 20, D-17487 Greifswald/Germany Tel.: 0049-(0)3834-862138 Thank you!

Documents

Criminological and comparative criminal justice research at the University of Greifswald Frieder Dünkel, University of Greifswald Paper presented at the