The personality features of convicted women and their influence on incarceration. Conditions in the medium security institutions

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The personality features of convicted women and their influence on incarceration. Conditions in the medium security institutions

B.A. Amanzholova

Academician Y.A. Buketov Karaganda state university

This article considers some of criminological characteristics of women personality, who have committed crimes and serving sentences in maximum security penal colonies. This article considers the characteristic of educational work in a correctional institution for alimentation of convicted women, that should be taken into account to certain extent, and differ from the educational work with the convicted men. The positions of new Penal Execution Code of the Republic of Kazakhstan on the question of alimentation of convicted mothers and the opportunity of creation of orphanages, where the convicted mothers could spend the time with their children. The article describes the significant corrections of criminal-executive policy towards its humanization.

Key words: convicted women, the medium security institutions, deprivation of freedom, correction, self-education, incarceration conditions.

Б?л ма?алада ?ылмыс жаса?ан ж?не ?ата? режимдегі колонияларда жазаларын ?тейтін ?йелдер т?л?аcыны? кейбір криминологиялы? ерекшеліктері ?арастырылады. Соттылы?ы бар ?йелдерді ?стау ?шін т?зеу мекемелеріндегі т?рбиелік ж?мыстарды? сипаттамасы беріледі, ол кейбір д?режеде соттылы?ы бар ер адамдарды? т?рбиелік ж?мысынан айры?шалануы ж?не ескерілуі ?ажет. Соттылы?ы бар аналарды ?стау ж?не соттылы?ы бар аналарды? ?з балаларымен уа?ыт ?ткізе алатын балалар ?йін ??ру м?мкіндігі с?ра?стары бойынша ?аза?стан Республикасыны? жа?а ?ылмысты?-ат?ару кодексіні? ережелері. Ма?ала ?ылмысты?-ат?ару саясатыны? гуманизация ба?ытына ?арай ма?ызды ?згерістерін сипаттайды.

В данной статье рассматриваются некоторые криминологические особенности личности женщин, совершивших преступления и отбывающих наказания в колониях строгого режима. Дается характеристика воспитательной работы в исправительном учреждении для содержания женщин-осужденных, которая должна в некоторой степени учитываться и отличаться от воспитательной работы над мужчинами-осужденными. Положения нового Уголовно-исполнительного кодекса Республики Казахстан по вопросу содержания осужденных-матерей и возможность создания домов детей, в которых осужденные-матери могли бы проводить время со своими детьми. Статья описывает существенные изменения уголовно-исполнительной политики в сторону ее гуманизации.

The actuality of selected theme is largely determined by changes in social, economic and legal marks of Kazakhstan society, the new character of social relations. In accordance with this, the criminal-executive field is targeted to international standards of methods of treatment of convicts to deprivation of freedom. The new Criminal Executive Code of the Republic of Kazakhstan, which will come into force on January 1, 2015 [1] marked the beginning of a significant correction of criminal-executive policy towards its humanization in order to create more favorable conditions for the successful correction of convicted women in prisons.

The country's economic and political reforms have led to a crisis of society and a sharp drop in the standard of living of the population. Accordingly, it has affected the level of crime. The particular concern is caused by female criminality, which has a significant influence on the general crime situation, especially on the crime among the younger generation. Therefore, it is necessary to find the most effective ways, forms, means and techniques of neutralization of female crime [2; 22].

Correction of convicts in the process of execution and punishment is a main task among the others in the medium security institutions. Educational and correctional processes in security institutions occurs under conditions of physical isolation of convicted women from society and family. Their spiritual relationship with society is also restricted. The realization of the principle of process of education of the convicts with life is carried out according to the law and the regulatory regime of the colony and it has its own specific forms.

Isolation of convicted women from society, the specific conditions of isolation have a profound influence on their psyche, make them to experience their stay in the colony. This mental state of convicted women creates a certain climate, which is reflected in the correctional process. In this aspect, the study of problems of the penalty of deprivation of freedom of women has particular relevance and importance.

The phrase «convicted woman» consists of antonyms - words, which are hard to combine into one concept. Nevertheless, it exists in the third millennium, and even fairly widespread not only in Kazakhstan, but also in civilized foreign countries. The condemnation and isolation of the person in places of deprivation of freedom puts him in a difficult situation. Gender characteristics of women determine additional negative consequences associated with the difficult circumstances of their life while execution of the criminal sentence. Only some of them can independently solve a difficult situation and return to a normal life after the liberation. This implies the irreversible losses for the woman, her microenvironment, family, society as a whole. Obviously, the convicted women need a special complex help, i.e. legal, psychological, educational, social help. The system, which shows the essence and features of social work with them.

The conditions of execution of deprivation of freedom in security institutions depend on the type of institution, which is defined by the court and by the behavior of the convicted woman. The better behavior of convicted woman gives the greater benefits to her and stimulates her correction, inspires self-education, discipline [3; 112].

In the Articles 103-118 of the Criminal Executive Code of the Republic of Kazakhstan [1] are indicated in detail the conditions and procedure for execution of sentence of deprivation of freedom in different types of security institutions.

Of course, one has to agree with the statement of scientists that the activity of correctional institutions is primarily educational activity. Under the educational work with convicted to deprivation of freedom should be understood purposeful organizational psychological and pedagogical activity of correctional officers, public associations, providing re-socialization of convicts, and the whole solution of the correction of their views and beliefs, formation of perceived need for labor, formation of respect for the society, the law, rules and traditions of human coexistence.

The education in general and professional educational institutions is not only a mean of ensuring acquisition and development of convicted women a certain base of knowledge, but also it actively influences on the formation of the ideology, moral qualities, positive motives for socially useful activity, which in turn has only a positive effect on the behavior of the convicted, and, consequently, it improves the conditions of execution of deprivation of freedom. With the increase of the level of general education and culture of convicts, it is achieved a better understanding of the various aspects of labor, social and educational activity; it develops such qualities as self-discipline, the ability to overcome difficulties, sense of purpose, it ensures the formation of emotional -positive attitude towards them [4; 186]. Education is one of the most important social factors. Despite the lack of regular dependence between the growth of education and reducing crime, the prison statistics of different countries of the world shows that the structure of "prison population" is dominated by less-educated part of the society. Obviously, the relatively high level of education in the period of social and economic instability is not able to neutralize the effect of a complex of other negative factors. The level of education of women, deprived of their liberty, testifies not only to the presence of professional qualifications, life experience, formed consciousness and value-motivational sphere, priorities in satisfaction the needs, but also the general culture, development, awareness, including the problems of motherhood, childhood, education and training. From this perspective, the state and dynamics of the level of education of this category of convicts in Kazakhstan is characterized by inconsistency: the average educational level decreased, but significantly increased the number of those with higher and specialized secondary education (professional) education. Differentiation of convicted mothers on this indicator testifies the predominance of those with secondary and secondary special (professional) education. However, the «group of risk» includes every third convicted, as they have only primary or lower secondary education. In combination with other adverse social factors lower level of education often acts as a determinant, which predetermines criminogenic way to resolve difficult situations.

The educational work in the security institutions can not be done without the spiritual influence of society, without the participation of close relatives of convicted woman (parents, husband, children, and others.) and labor collective (sadly, now help from them is very weak).

Undoubtedly, the relationship between convicts and parents, children and other close relatives creates and strengthens their sense of guilt in front of them, helps to realize the error of their behavior, causes the desire to change it. In addition, such a relation provides information about life in freedom, about the prospects for the future, reducing the sharpness of isolation, helps prepare women for life in freedom.

It should be noted some importance and the educational role of the rights of convicts to religion, its practical effectiveness in the results of correction and re-socialization of convicted women.

Many convicted women participate in the group of psycho-correction work, which includes technology of relaxation training, self-hypnosis, the regulation of mental states; there are conducted various trainings, repeated tests, which have very positive effect on the behavior of convicts and to the terms and treatment. Convicts communicate with a great desire with psychologists.

In addition to the psychological preparation of the convicted woman to the life and activities on freedom, personnel of medium security institutions during imprisonment helps in formation of moral, legal, labor, physical, aesthetic and other education of convicts, which contributes to their correction and re-socialization.

The moral education is a very important and complicated matter, because the lack of stable moral principles led convicted women to the crime. Moral education is closely connected with all areas of the educational influence, since it concentrates in itself a manifestation of their influence on the individual. The most important personal characteristics of convicted women, which depend on their living conditions, education and development, are the needs and interests which motivate them. For all categories of convicted is characteristically a negative content of value-normative system, neglect of social norms, lack of volitional conscious aspiration and its compliance. Convicts clearly in favor of a certain anarchism or personal freedom in deciding between good and evil, they doubt whether they should work if it is not needed. It is clear that they have no value attitude to labor and tolerant forms of communication, and there dominate the forms of aggressive or passive adaptation.

The majority of convicted women shows no interest in politics, economics; the increase of the educational and cultural level is not value for them. The limitation of their interests leads the part of convicted women to closing them on their personality and leads to egocentrism, to distorted idea of their importance, to the inability to critically assess their capabilities (high self-esteem of the person). Others, on the contrary, lose all confidence, underestimate their strength, do not believe in the possibility of returning to a normal life because of the destruction of old relations, loyalties, family and kinship.

It is known that assessment of other people is important for women and what impression they produce, many are characterized by demonstrativeness. Convicted women do not constitute an exception among them. But the rise of demonstrative behavior of such persons at the same time combined with a reduction of control over it. Demonstrativeness, which determines criminal manifestations, including aggressive nature, performs protective functions and helps them in the self-affirmation. The criminals' need for the self- affirmation becomes obsessive and it has a significant influence on their whole lifestyle. It's not just the desire to please men or other women or to look better, it's a need to be confirmed, as if it fixes their existence, place in life in general.

The convicted women are characterized by sharpness of some character features. The shamefacedness is manifested in special way. In some cases, natural shamefacedness is disguised as defensive reaction in the form of a sharp irascibility, acrimony, sometimes rudeness. In other cases, shamefacedness is associated with increased vulnerability and emotional instability (tears, crying, offishness). In third group of convicted women almost complete lack of shamefacedness is observed, loss of sense of feminine pride, dignity, which is manifested in the vulgar behavior, bravado of their position.

The convicted women are characterized by certain deviations in the character, for some - hysterical, for others - a psychopathic manifestations. These features women develop faster than men. Sometimes they take extreme forms as roughness, imbalance, tearfulness, blatancy, etc. Contradictory character, its uncertainty is more clearly manifested in convicted women. However, there are masculine features are observed in behavior of convicted women. They even try to imitate men, their gait, clothing, mannerisms, speech, etc. Over time, this behavior becomes a habit, it becomes the norm.

One of the typical features of convicted women is their amorality. Egoism and selfishness, laziness and inertness, secrecy, anger and hostility to the surrounding define their relation to the collective, to the administration, to other people, it expresses their anti-social nature. Therefore, no coincidence that every six misconduct in women's prisons is related to the immoral behavior, and every fifth is expressed in fights, misbehavior, disobedience to the administration. [5; 14].

The legal education of convicts involves the formation of their sense of justice, including knowledge of the principles and norms of law, as well as belief in the need to follow them. In addition, it involves organization of lawful, responsible, socially active behavior of convicts [6; 12].

In educating of convicted women prominent place takes the participation in the amateur performances (according to the new legislation - voluntary organizations of convicts) that has a significant influence on the spiritual, professional and physical development; stimulate useful initiative of convicts, participation in issues of labor organization and leisure of convicts: the assistance the administration of the institution in maintaining of discipline and order, the formation of a healthy relationship between the convicts, providing social help for convicts and their families.

It should be noted that the labor of persons sentenced to deprivation of freedom is the primary means of correcting them. One should not forget a huge positive influence of labor for convicts as a necessary condition of their life. Attitude to work is an important indicator of the convicts. The overwhelming majority of convicted women express the desire to work in any field [7; 282].

In educational work with convicted women the phenomenon of acceleration should be taken into account, which manifests itself in a faster physical development of the body (weight gain, growth, etc.), as well as in the earlier puberty. Studies show that in social and moral, intellectual and educational development convicted women lag behind their peers, that is, the gap, which is caused by the acceleration, is shown here especially real. Therefore, in the absence of strong moral beliefs and clear principles of social behavior, young offenders often before entering the colony acquire a negative sexual experience. For many entry into early sexual relations is accompanied by the use of alcohol in the criminal groups, so some of them are abused by their partners. Early sexual relations for many convicted women were often accompanied by pregnancy and criminal abortions, which affected their health. Some of convicts, as a result of promiscuous sexual lifestyle, are sick with venereal diseases and was registered in venereal disease dispensary, some of them are subject to compulsory treatment of sexually transmitted diseases in correctional institutions. Negative sexual experience is the cause of amoral behavior of convicts in the colony, the most dangerous form of which is manifested in very common sexual perversion in the women's correctional institutions. Therefore, to the issue of counteraction to the sexual perversions should be given special attention.

The addiction to alcohol, drugs and smoking has a major influence on the physical condition of the woman's body, which is more destructive for body of women than men. Although the percentage of women among alcoholics and drug addicts is less than the percentage of men, but the transition from domestic drinking to alcoholism and associated decay of personality occur much faster. In recent years, demographers, psychiatrists, sociologists, educators are concerned about the growth of drug addiction and alcoholism among women.

The dismissive attitude of the convicted women to their health leads to the fact that they do not comply with hygiene requirements, do not protect themselves from catarrhal diseases, which causes various complications of gynecologic diseases. All this requires a combination of awareness-raising work with the organization of specific medical services for convicted women.

The anatomical physiological features of women are taken into account in the organizations, which execute the sentence, in a disciplinary practice, labor and living conditions of convicted mothers. This is also reflected in the criminal executive law. Thus, in accordance with the Art. 16 of the new Criminal Executive Code of the Republic of Kazakhstan, institutions, which execute sentences of convicted women with children, can organize the orphanage. In the orphanages institutions provide the necessary conditions for normal life and development of children. Convicted women and their children under the age of three years, are placed in the orphanage and communicate with children in their spare time without any restrictions. They are allowed to live together with their children. Convicted pregnant women and nursing mothers can receive food parcels in the amount and range defined by a medical report. Convicted pregnant women, women in childbirth and the postpartum period are entitled to specialized medical care. In institutions' orphanages children are provided with food, daily necessities, individual beds, bedding, clothing, underwear and shoes for the season, taking into account gender and climatic conditions due to budgetary funds.

Thus, taking into account the features of the person of convicted woman is important to the process of correction and re-socialization. Proper organization and maintenance of the punishment, the involvement of prisoners in labor activities, educational activities, training, the use of incentives and penalties, conditional release ahead of time and other forms of early release, the implementation of various forms of post-penitentiary activities to consolidate the results of corrective treatment - all these invariably involve thorough knowledge of personality of each convicted woman.

In contrast to the execution of punishment, serving it by convicts consists of coercive measures applied to them by the administration of the security institution on behalf of the state. In this case, if the punitive part of the sentence, from the objective side, is serving almost uniformly (excluding prominent violators of the regime), then the subjective attitude to this process can be quite different. Therefore, the criterion and the mark of convicts' relation to the sentence is strict observance of the regime and the individual educational work, in the aggregate, reveals the positive and negative personality features, the degree of stability to the crime and the nature of the changes during the period of serving the sentence in a medium security institutions.

criminological colony women orphanage

References

1 The Criminal Executive Code of the Republic of Kazakhstan dd. July 5, 2014. № 234-V The Law of the Republic of Kazakhstan // http://adilet.zan.kz/rus/docs/K1400000234

2 Avanesov G.A., Alekseev A.I., Antonyan Yu.M., Vitsyn S.E. Criminology and the crimes' prophylaxis. Tutorial / Edited.: Alekseev A.I. - Мoscow: Publishing house of HS of USSR MIA, 1989. - 430 p.

3 Convicted in Kazakhstan will be separated to exemplary and the malicious infringer. // http://tengrinews.kz/kazakhstan_news -256553

4 Antonyan Yu.M., Enikeev M.I., Eminov V.E. Psychology of the criminal and investigations of crimes. - Moscow: The Lawyer, 1996. - 336 p.

5 Serebryakova V.A. Criminological characteristics of female criminals // Issues of fighting against criminality. - Мoscow: Law literature, 1971. - № 14. - P. 3-16.

6 Vetrov N.I. Criminal law. The general part. - Moscow: Unity-Dana, The law and the right, 1999 г. - 415 p.

7 Dementiev S.I. Deprivation of freedom: prisons, camps, colonies and prisons. - Krasnodar, 1996. -310 p.

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