1960-2010年北欧国家刑事政策

Tapio Lappi-Seppälä
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引用次数: 46

摘要

本文概述了近50年来北欧刑罚政策的主要变化。三个主线被区分开来。从20世纪60年代末开始,通过限制使用不确定的制裁、放松监狱制度、扩大替代措施的使用以及减少对传统财产犯罪和酒后驾车的处罚,监禁的使用得到了遏制。部分与“理性和人道”的刑事政策时期重叠,从20世纪80年代开始,态度变得强硬,首先是针对毒品犯罪,然后从90年代开始针对暴力和性犯罪,通常是由瑞典模式发起的。第三条线索强调了这样一个事实,即刑罚政策和法律改革往往与“压迫和自由”元素相矛盾,就像监狱改革、少年司法和社区替代方案的扩展一样。总的来说,北欧国家的监禁率比欧洲其他国家要低,在20世纪60年代,欧洲有几个国家的监禁率低于北欧国家,但最终的监禁率要高得多。北欧国家不仅监禁率低得多,而且受监管的罪犯也更少,恐惧和惩罚性要求的程度更低,严重暴力行为更少,财产犯罪也更少。监狱更小,监狱条件更好。因此,即使北欧的犯罪政策变得更有攻击性,更政治化,更适应媒体的声音,北欧例外论的说法仍然是合理的。解释可以追溯到社会经济和政治结构和文化传统,高度的社会和制度信任,福利差异较小的强大福利国家,以及共识和社团主义的政治文化。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Penal Policies in the Nordic Countries 1960–2010
The article gives an overview of major changes in Nordic penal policies during the last 50 years. Three main threads are distinguished. From the late 1960s onwards the use of imprisonment was curbed by restricting the use of indeterminate sanctions, relaxing prison regimes, expanding the use of alternatives, and by reducing penalties for traditional property offenses and drunken driving. Partly overlapping with the period of ‘rational and humane’ criminal policy, attitudes were stiffening from the 1980s onwards, first towards drug offenses, then from the 1990s in violent and sexual offenses, often initiated by the Swedish models. The third thread underlines the fact that penal policies and law reforms are often ambivalent with both ‘repressive and liberal’ elements, as is the case with prison reforms, juvenile justice, and the expansion of community alternatives. In all, the Nordic countries were able to keep their incarceration rates lower than the rest of Europe, where several nations started in the 1960s from levels below the Nordic ones but ended up with much higher figures. The Nordic countries have not only much lower incarceration rates but also fewer offenders under supervised control, lower levels of fear and punitive demands, less serious violence, and fewer property offenses. Prisons are smaller and prison conditions better. So, even if also Nordic crime policy has become more offensive, more politicized, and more adaptive to the voices of the media, the talk of Nordic exceptionalism remains justified. Explanations go back to socio-economic and political structures and cultural traditions, high social and institutional trust, strong welfare states with smaller welfare differences, and consensual and corporatist political culture.
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