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§ 2. Interrelation of modern criminal subculture with subculture condemned

The criminal subculture as as a whole and universal, contains not only subject results of activity of members of certain groups and criminal societies (tools and ways of committing a crime, various material assets, etc.), but also includes subjective human efforts and abilities which are realised in the course of activity including the criminal.

It is possible to carry skills developed during criminal activity and a habit, knowledge, ability to subjective human efforts and abilities; intellectual development level, aesthetic requirements, ethical sights, outlook, forms and ways of mutual dialogue within the limits of the given communities and behind their limits; ways of the resolution of disputes and conflicts, creation and a management of criminal societies, etc.

According to N.P.Barabanova, in correctional facilities the system of interests, values condemned, and also the set of the is social-psychological characteristics reflecting the various parties of ability to live of the condemned connected with it is accurately expressed: an uncooperative altitude to work; kriminogennyj the way of behaviour expressed in non-observance of official norms; following to subcultural norms; kriminogennye and criminal knowledge, abilities, is professional-criminal skills, habits; the world outlook installations of underworld denying fault and responsibility for criminal acts, justifying a criminal way of life; acquisition and storage of subjects of criminal activity (tools and means of fulfilment of crimes, the material assets extracted criminal by), the forbidden subjects [93].

The criminal subculture shows now variety of various forms: «... mnogoplanova and the criminal subculture representing as though a puff pie. Each"layer"in such"pie"represents subculture of the groups occupied with concrete criminal activity, their organisation reflecting degree and professionalism. From these positions within the limits of criminal subculture as a whole it is possible to speak about subculture condemned, prison, thieves', subculture of speculators in foreign currency and fartsovshchikov, prostitutes and addicts,

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Sexual tyrants, souteneurs, etc. ».

Subculture of addicts in Russia - the phenomenon rather young and insufficiently studied. It is allocated with separate researchers [94 [95] as the independent subculture having criminal roots: «In the youth environment the subculture, which on the basic parametres srashchivaetsja with criminal subculture, its antisocial norms, foundations» [96 [97] is formed special «narkomanskaja».

According to our research, from 200 condemned, interrogated by us, 164 used drugs from which 63 - for the first time serving time and 101 - repeatedly serving time, that constitutes 31,5 and 50,5 % accordingly (see tab. 1).

Besides criminal subculture, a number of authors allocate prison (penitantiary) subculture.

According to V.G.Gromova, «the penitantiary subculture represents the system of political, ideological, legal, moral, philosophical, religious, aesthetic norms generated in the places of confinement, rules of behaviour, traditions, sights and the ideas inherent in persons with steady antisocial and asotsialnymi by values,

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Orientations and installations ».

In N.P.drum's research notices, that one of displays of subculture of the criminal world - the subculture which has developed in the places of confinement, prison subculture is connected with criminal subculture, but in the places of confinement has the difference caused by features of development of system of valuable orientations condemned, serving time in the form of imprisonment [98 [99].

In our opinion, the subculture of the condemned represents the difficult phenomenon. For today in the theory of criminology and criminally - executive right there is no uniform sight at this concept [100].

Therefore it is not casual, that one scientists believe, that prison subculture - an informal life of the criminals who have appeared in the places of confinement [101]. Others name its version criminal [102 [103]. The third consider it as prison subculture and as independent culture of a certain social microhabitat. The fourth consider, that the subculture in the places of confinement is a system of norms, values, traditions, the customs regulating behaviour of establishments condemned in informal structure, executing punishments under criminal law in the form of imprisonment [104]. Anyhow, all researchers unanimously recognise presence and existence of criminal roots, and their influence on a way of life in the conditions of enduring the punishment in the form of imprisonment.

In our opinion, D.A.Koretsky and V.V. Tulegenova's statement is quite fair, that the penitantiary subculture is a special kind of criminal subculture [105]. In formation of penitantiary subculture two groups of factors play a role: internal and external, - for a life condemned in the conditions of isolation the same as also the life of any person, is defined by external and internal factors. However influence of external factors has local character as possibilities for satisfaction condemned requirements are limited by maintenance conditions in correctional facility.

Internal factors are the processes occurring in a microhabitat condemned. If the subculture is a system of values, installations, ways of behaviour and vital styles of certain social group the maintenance of these values, installations, ways of behaviour, vital styles will be defined by qualitative structure of social group. If in the places of confinement the persons belonging to various social groups and representing various subcultures - both professionally criminal, and casually criminal compulsorily contain, - that is quite natural, that the subculture condemned is original "mix" from various subcultures. Values of such subcultures not only do not coincide, but also inevitably enter into the contradiction with each other.

For more correct understanding of occurrence and display of subculture condemned it is possible to consider it through a prism of mutual relations condemned, proceeding from conditions of isolation and their personal characteristics.

Kriminogennye forms of behaviour of the condemned have the penitantiary and psychological features defined by the social environment condemned, its is social-demographic, criminally-legal, by is informal-structural elements. Influence on the person of the condemned nearest social environment in the conditions of imprisonment is original, as represents concentrated kriminogennoe display of the mechanism based on constant and long mutual relations. In such conditions inevitably there is an exchange of personal properties, mastering of criminal norms of behaviour, traditions therefore the condemned becomes more criminal dangerous [106].

From here in genesis of subculture condemned it is possible to allocate three stages conditionally. At the first stage the various spontaneously formed group subcultures are in a condition of contradictions, antagonisms, the conflict - it is conditionally possible to name this stage a stage of a disputed condition, or a stage of origin of penitantiary subculture.

At the second stage condemned values and installations of dominating social group are forced to accept the majority. It is possible to name this stage conditionally a stage of the compromise, the forced acceptance of the imposed norms of behaviour by the majority condemned.

In a final stage there is a process of a substantiation of values of subculture condemned, it kultivirovanie. Throughout the Soviet and Post-Soviet history of criminally-executive system the subculture of the condemned differed the illegal maintenance that allows to draw a conclusion on domination of the separate social groups adhering to criminal values. Such subculture will exist until it will be equitable to interests of the majority of the condemned. Discrepancy of the general subculture of the separate groups condemned to interests condemned, as a rule, is connected with violent imposing to minority of values of the majority and only on occasion compromise, is frequent the temporal agreement between the contradictory parties.

External factors can be defined as the relation of the state to criminality as a whole and to condemned in particular which is expressed in the criminally-executive policy directly realised by administration of penitantiary establishment. The Criminally-executive policy and subculture of the condemned are in the original inevitable contradiction. The the big sphere of conditions of a life of the condemned is regulated by the state, the it is less than forms and ways of display at subculture of the condemned. And, on the contrary, the more passively the criminally-executive policy of the state, especially in creation of conditions of the maintenance condemned, their separate maintenance, proceeding from personal features of the control over internal processes in the environment of condemned, the more actively in a life of the condemned elements of penitantiary subculture start to be shown.

At such approach it is possible to approve with confidence, that the unwillingness of employees of administration correctional facilities to take part in a life of the vital issues condemned concerning the decision connected, for example, with granting of long appointment, reception of transfer (parcel), delivery or replacement of clothes, footwear, sleeping accessories, reception of medical treatment, etc., inevitably forces condemned to find different ways of satisfaction of own requirements, including the reference behind the help to authorities of criminal communities, that inevitably attracts also dependence on them. [107]

During research it is established, that there is a steady tendency to aspiration separate condemned to regulate ability to live of group, community, to giving to these formations of dominating qualities, as a rule, criminalised, that is shown in various rituals of reception arriving to a colony new condemned (residence permits, interrogations on knowledge of traditions and customs of subculture condemned), the consolidated non-observance of separate regulations, original support, including and payments in "obshchak", application of rigid punitive sanctions to condemned, whose behaviour contradicts norms of the criminal society. Hence, the penitantiary subculture is determined, caused by a complex of the developed conditions of ability to live condemned in a colony, and also is an original basis for reproduction of criminal subculture.

The penitantiary subculture - the dynamical phenomenon, it changes together with change of character and criminality structure. Some from for the first time condemned, getting under influence of skilled criminals, start to follow blindly to them, aspire to adjoin "authorities". The subculture of the condemned represents the inevitable phenomenon as such persons try to find ways of easing of heavy conditions of isolation in the places of confinement, to find the role, to show the "I" in the forced community.

In our opinion, «other life» arises in the places of confinement in connection with contradictions between norms, the moral values, admitting administration correctional facilities, and values which admit a part condemned, containing in these establishments more often consolidated in small groups, having the ideology, own code.

Consolidation condemned on the basis of specific subculture especially negatively influences their person and behaviour. Such culture becomes a major factor compensating to some extent weight of deprivations, connected with enduring the punishment. At the condemned the belief that only in the "" environment, instead of from administration, they can find understanding and support is formed. Their opposition to the personnel correctional facilities and finally to a society as a whole as a result becomes aggravated.

The formal organisation of a life condemned in the conditions of imprisonment is not capable to cover all aspects of life of the person. It reduces together only functional elements of environment concerning business and function of the person. The person for self-expression always does not have the possibilities, left to it any formal organisation.

Imprisonment conditions objectively influence many parties of the person condemned, including self-respect: they aspire to creation of the informal organisation and social structure with the statuses, roles, norms of behaviour. In the course of penitantiary socialisation condemned which represents adaptation to life conditions in the specific social environment, it becomes the subject of this system. The given process is impossible without acceptance of a role condemned, accumulation of the information on system of the organisation of ability to live both formal, and an informal life in corrective colonies, mastering of the new socially significant elements, concerning meal, clothes, work, a dream, use of special means of dialogue - language (slang). Specific criminal customs, representations, traditions and the general way of life in a colony in different degree concern all condemned, cause strict observance by the majority of them of behaviour rules in the criminal generality, provided by norms of ability to live in conditions

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Social isolation. [108 [109]

Each condemned introduces the expectations, the purposes, moods, opinions in the formal organisation, therefore in the places of confinement self-organising has mass character, in it are practically involved all. Unfortunately, priority there are «thieves' laws» which in bolshej degrees reflect interests and values of the condemned. Therefore the relation condemned to such subculture depends on their vital and criminal experience, a kind and the nature of crime, etc.

Thus, the subculture condemned can be considered as original dynamic system, as result of the compromise between conditions in which the criminal is forced to be, and necessity of maintenance with it of the safety, on the one hand, and also necessity of self-affirmation, understanding, support, with another. Between community condemned and the state strictly certain relations settled by rules of law as to the persons who have committed crimes are shown, and for it they are punished and require compulsory influence as to criminals with all circumstances following from this fact. From here isolation, aspiration to counteract, including in group forms that is quite natural and it is inherent in the condemned. Such condition inevitably generates and cultivates justificatory and strengthening mechanisms that allows to name them elements

Penitantiary subculture.

Thereupon we offer following definition of subculture condemned, isolated from a society: subculture of the condemned

(The penitantiary subculture) is the kind of the criminal subculture caused by system of influence of the state on condemned, serving time in the form of imprisonment, including creation for them conditions of enduring the punishment and regulation of many parties of their ability to live on the one hand, with another - proceeding from such conditions, their forced aspiration to adapt, provide the safety to ego-trip in community similar where the system of values inherent in such community is inevitably formed, concepts, the customs regulating mutual relations between persons isolated from a society.

The criminal subculture represents more difficult, multiplane phenomenon and requires ordering that various authors marked: «the Negative social phenomena represent motley enough spectrum of various offences and antisocial behaviour. Thus they can be subdivided depending on the broken rule of law into crimes and other offences (administrative, financial, labour etc.), on the acts connected with infringement of ethical standards, behaviour rules, i.e. Immoral acts; on infringements of any instructions. In a classification basis can be put and other criteria: the social danger, presence of antisocial installation or negative requirements, the general negative relation to legal interdictions, norms of morals, valuable orientations of the person, the relation to people, a society, public order observance etc.» [110].

Subculture of the criminal world as a whole and subculture in the places of confinement in particular are objective in the sense that their stereotypes (categories, norms, models, samples-schemes) are within the limits of the criminal world and prison community valid and obligatory, having compulsory character.

The subculture in the places of confinement is focused on opposite social norms and values. It denies official moral principles and norms, negatively influences the person condemned, criminalising it, stimulates deviantnoe behaviour, appears as the mechanism of counteraction to process of execution of punishment, transfers asotsialnyj experience and criminal attributes for limits of the places of confinement. The criminal subculture - language of the criminal world which has the features in each region and is acquired in the course of criminal socialisation of the person. The modern criminal environment has got new lines. It has arisen not on a naked place - the underworld has the history and the internal logic of development, especially it concerns correctional facilities [111].

The most detailed classification of criminal subculture is offered V.F.Pirozhkovym [112 [113]. At the same time, despite the completeness, it is not absolutely convenient in use, especially, in our opinion, with reference to imprisonment conditions. More successful, according to D.A.Koretsky and V.V. Tulegenova, S.JA.Lebedev's classification which, proceeding from criminal traditions and customs, allocates following elements is represented:

- reguljativnye - "laws" and the "rules" regulating mutual relations between criminals in connection with conducting of an antisocial way of life and fulfilment of crimes, specific rituals of dialogue and behaviour in the criminal environment;

- Attributive - tattoos, a slang, nicknames, a mimicry, the gesticulation reflecting an accessory to this or that kind of criminal activity;

- Emotional - songs, verses, sayings on thieves' subjects [114].

However the given classification, in our opinion, also is vulnerable, it does not cover so important element as stratification condemned, therefore it is not casual, the above-stated authors, suggest to add it, having included informal division of criminals in structure reguljativnyh elements of criminal subculture [115].

JU.A.Dmitriev and B.B. The Cossack consider, that structure of penitantiary subculture form:

1. Subjective human forces and abilities:

- Knowledge, abilities, is professional-criminal skills and the habits realised in criminal activity;

- The "philosophy" of the prison world denying fault and responsibility for criminal action, justifying a criminal way of life certain "thieves'" ideas;

- Special level of the individual and group moral and legal consciousness facilitating unlawful conduct;

- The aesthetic requirements, the perverted tastes and the preferences formed under laws stadnosti in the criminal environment;

- The criminal mythology surrounding with an aura of "honesty", "boldness", "decency" of concrete criminals and their act;

- Intragroup psychology of relations and management of the criminal society.

2. Subject results of activity of criminal societies (the tool and means of fulfilment of crimes, the material assets extracted criminal by, the money resources accumulated in "obshchake") [116].

The given classification, in our opinion, also is rather vulnerable. The concept «human forces» is not clear, and material assets in the form of results of criminal activity in some cases also cannot be placed in a definition substantiation.

0. V.Starkov believes, that in the maintenance of criminal subculture it is necessary to allocate three basic elements:

1. "Laws" - customs, rituals, criminal traditions.

2. Stratification - stratification of the criminals condemned on various cohorts, categories, kinds.

3. Communication media - a slang, nicknames, tattoos, tajnopis, folklore, gestures, graffiti, symbols, language of clothes, game [117 [118].

The classification offered by D.A.Koretsky and V.V. Tulegenovym, in our opinion, rather bulky and very confused. Moreover, in our opinion, it does not cover such important and playing far not last role in the criminal environment of an element, as requirements, interests and values of criminals. Thereupon the most preferable to us the classification offered by O.V.Starkov sees. However we suggest to add it, having included in it as a requirement basis, interests and values of the condemned.

Thereupon, in our opinion, the subculture of the condemned includes following elements: own laws, communication media - language, a slang, gestures, clothes, tattoos; stratification - exclusive division; interests, requirements and values of the condemned.

The criminal subculture is constituted by such independent

Subcultures, as subculture of representatives of professional criminality; subculture of representatives of the organised forms

Criminality; penitantiary subculture.

Proceeding from all variety of forms of classifications of the criminal subculture offered by different scientists, in our opinion, it is necessary to allocate functions of criminal subculture.

Internal functions:

Guarding (interferes with penetration of various alien ideas and sights into its maintenance);

Providing (provides maintenance and reproduction of values inherent in it by means of ideology, philosophies, informal norms and traditions, it is material - with the help "obshchaka");

reguljativnaja (regulates behaviour of the members by means of rules peculiar to given subculture, norms of behaviour, and with rather rigid sanctions);

Timeserving (in certain cases rigid requirements and subculture sanctions are softened).

External functions:

Ideological (development and idea perfection about the criminal society, an original brotherhood, mutual assistance, protection, etc.);

Personnel (involving in an orbit of subculture of new members, their training and formation at them similar sights at the surrounding validity);

Communicative (an establishment and maintenance of communications on the one hand with condemned, especially from among negatively characterised, and also with criminal groups in the conditions of freedom, and with another, with separate persons of authorities);

Dominating political (constant aiming at struggle for the power in community, in group, for influence on behaviour of the majority of members of these formations).

So, the above-stated allows us to establish, that a life condemned in the conditions of isolation the same as also the life of any person, is defined by external and internal factors. However influence of external factors has the limited, dosed out character as possibilities for satisfaction condemned requirements are limited by maintenance conditions in correctional facility that causes necessity of revealing of a circle of requirements, interests and values condemned, explanations of their stability, degree of their influence on behaviour in the conditions of isolation.

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A source: Anfinogenov Vasily Anatolevich. SUBCULTURE CONDEMNED And ITS INFLUENCE ON THEIR BEHAVIOUR In the conditions of ISOLATION. The DISSERTATION on competition of a scientific degree of the master of laws Stavropol - 2016. 2016

More on topic § 2. Interrelation of modern criminal subculture with subculture condemned:

  1. § 1. Concept of modern criminal subculture of the condemned; its reasons and a condition at the present stage
  2. CHAPTER 2. MODERN SUBCULTURE CONDEMNED
  3. § 3. Attributive elements of subculture condemned and their influence on kriminogennuju conditions in penitantiary establishments
  4. § 1. Subculture of a microhabitat condemned, leaving imprisonment
  5. § 4. Requirements, interests, values condemned and their role in subculture formation
  6. Anfinogenov Vasily Anatolevich. SUBCULTURE CONDEMNED And ITS INFLUENCE ON THEIR BEHAVIOUR In the conditions of ISOLATION. The DISSERTATION on competition of a scientific degree of the master of laws Stavropol -, 2016 2016
  7. § 2. Change of subculture of criminals from the XX-th century end
  8. § 1. The prevention and preventive maintenance of negative functions of penitantiary subculture in correctional facilities
  9. § 2. Preventive activity of structures of a civil society on neutralisation of influence of elements of penitantiary subculture
  10. CHAPTER 3. PERFECTION of MEASURES ON STRUGGLE Against INFLUENCE of PENITANTIARY SUBCULTURE
  11. § 1. Occurrence and evolution of subculture of criminals in pre-revolutionary Russia and during the Soviet period
  12. CHAPTER 1. OCCURRENCE And DEVELOPMENT of SUBCULTURE of CRIMINALS In XIX - the XX-th century END
  13. Chapter 1. Prison subculture and its influence on formation and development of groups of a negative orientation
  14. § 2. Correction condemned and social justice restoration as the purposes of punishment under criminal law and possibilityof an estimation of their achievement
  15. the Chapter II. The MODERN CONDITION of EXECUTION of PUNISHMENTS Concerning SEPARATE CATEGORIES CONDEMNED, SICK of SOCIALLY SIGNIFICANT DISEASES
  16. § 2. Features of the modern criminal legislation of the foreign countries regulating clearing of the criminal liability on affairs about crimes in sphere of economic activities
  17. §1.3. Social conditionality of an establishment of the criminal liability for false information granting in the modern criminal trial of Russia, the countries of continental Europe and the USA
  18. the Technique of definition of efficiency of punishment under criminal law in the form of restriction of freedom taking into account the business factors accompanying application of electronic means of tracking for condemned
  19. CHAPTER 1. HISTORY of DEVELOPMENT of the CRIMINAL LEGISLATION of Russia And the MODERN FOREIGN CRIMINAL LEGISLATION ON RESPONSIBILITY FOR DELIBERATE DESTRUCTION OR DAMAGE of ANOTHER'S PROPERTY
  20. §1. The general concept, the purposes and methods of the modern criminal policy of the Russian Federation.