9789177371663

­

bration of Jerzy Sarnecki and his

contribution to criminology. The book contains original papers from a range of writers from the fields

crime policy. A common theme of a public criminology and his willingness to contribute to the public

debate concerning crime and crime

policy. The Editor’s and the contributing authors hereby want to

gratulate Jerzy on his 75th Birthday – Best Wishes and Congratulations!

ISBN 978-91-7737-166-3

JERZY SARNECKI was born in Warsaw,

A L I F E I N C R I M I N O LO GY

the book is Jerzy’s contribution to

Festschrift to Jerzy Sarnecki

Festschrift to Jerzy Sarnecki

of criminology, criminal law, and

A L I F E I N C R I M I N O LO GY

EDITORS

A Life in Criminology is a cele­

which the modern state has evolved. In Sweden, crime and crime policy have been important subjects during most decades of the 20th century, and have from the late 1970s onward gained more and more attention in the public mind. This period is characterized by many events and happenings: the introduction of drugs, the rise in youth crime, the downfall of the rehabilitative ideal, the re-articulation of the welfare state and migration. But the period has also seen a constant – Jerzy Sarnecki.

Ever since his dissertation in 1978 Jerzy has been part of Swedish criminology, and not only a part but a driving force! Appointed in 1993 to the (then) only chair in criminology Jerzy has been instrumental in turning criminology from a subject matter on the margins to one of the most applied for subjects at Swedish universities, while at the same time becoming a public intellectual trying to bring about an informed public debate on crime and crime policy. This Festschrift is a celebration of Jerzy turning 75 years in 2022 as well as a celebration of his contribution to criminology. This Festschrift brings together papers from scholars, judges, jurists, lawyers, and public officials, but above all it brings together a bunch of friends of Jerzy who want to celebrate his work and his contribution to criminology!

Robert Andersson & Paula Wahlgren

CRIME HAS BEEN A CENTRAL social problem around

EDITORS

Robert Andersson Paula Wahlgren Omslag: John Persson/ArtStory Fotograf: Peder Nordenstad

Poland, in 1947 and came to Sweden in 1969. After studies at Stockholm University, Sarnecki earned his PhD in sociology in 1978. During the years 1977 to 1993 Sarnecki was employed as a researcher at The National Crime Prevention Council, the last years as head of the department for development. In 1993 he was appointed to the chair in criminology thus becoming Sweden’s second professor of criminology.

Sarnecki is the author of several standard works in criminology, and he has held numerous assignments, amongst them chair of the Nordic Research Council for Criminology. Sarnecki is one of the initiators behind the Stockholm Prize in Criminology and co-chair of the prize committee. Since 2012, he is also professor at Gävle University College.

A Life in Criminology.

Festschrift to Jerzy Sarnecki

Editors Robert Andersson & Paula Wahlgren

© Författarna och Iustus Förlag AB, Uppsala 2022 Upplaga 1:1 ISBN 978-91-7737-166-3 Produktion: eddy.se ab, Visby 2022 Omslag: John Persson Förlagets adress: Box 1994, 751 49 Uppsala Telefon: 018-65 03 30 Webbadress: www.iustus.se, e-post: kundtjanst@iustus.se Printed by Eurographic Group, Denmark 2022

Contents

Contents

Preface

9

Robert Andersson & Paula Wahlgren Jerzy Sarnecki and a Counter Factual History of Swedish Criminology

13

Agneta Bäcklund Unga lagöverträdare och kriminalpolitik. Ungdoms­­­brottslighet

27

David P. Farrington & Darrick Jolliffe Latest Results from the Cambridge Study in Delinquent Development (CSDD)

45

Emil W. Pływaczewski, Ewa M. Guzik-Makaruk & Wojciech Filipkowski Matrix of Excellence in Criminological Research in the Concept of the Bialystok School of Criminology

57

5

Contents

Sten Heckscher Professor Sarnecki och Den Tredje Uppgiften

75

Martin Hällsten & Ryszard Szulkin Is the “SES Hypothesis” Plausible to Explain the Over­ representation of Immigrants in Crime Statistics?

91

Johan Kardell Counting Suspects or Crime Suspicions? Over­­represen­tation of Individuals with Foreign Background in Registered Criminality by Prevalence and Incidence 107 Peter Lindström Äldre i fängelse

121

Anne Ramberg Några spridda tankar om juridik, politik och kriminologi

139

Lawrence W. Sherman Jerzy Sarnecki: A Renaissance Criminologist

157

Anette Storgaard Børn og unge imellem hjælp og straf

173

Bo Svensson Att utse en chef för utredningsenheten – en historia kring brottsförebyggande rådet

185

Paula Wahlgren & Robert Andersson Questioning Criminology – A Case of Scientific Populism?

Contextualizing Attacks on Criminology in Swedish Media 195 David Weisburd, Taryn Zastrow, Martin A. Andresen & Kiseong Kuen The Law of Crime Concentration: A Review of the Evidence

6

211

Contents

Erik O. Wennerström Preventing Crime to Advance Human Rights. Some Reflections on Developments in Jurisprudence of the European Court of Human Rights

229

Per-Olof H Wikström Kan fritidsverksamhet förebygga ungdomars brott?

247

Selected publications by Jerzy Sarnecki

257

7

Preface

Preface

When we started working on this Festschrift, the response was overwhelming. Within a few hours of our request, most of the contributors had responded, and they all wanted to be part of Jerzy’s celebration.

This reaction to our query speaks volumes about Jerzy and his contribution to criminology, both within academia as a researcher and outside academia through his role as a public intellectual. Even though Nordic or Scandinavian criminology has been a contributor to international criminology since the 1970s, the input from Swedish criminology during the 1970s, 80s and 90s was rather minor compared to Norwegian influences. But through the work of Jerzy, Swedish criminology has made an international impact during the last decades – not least through his work with the Stockholm Prize in Criminology, established in 2006.

Making the prize a reality also says a lot about Jerzy as a person and a scholar: an open-minded visionary who does not shy away from an arduous task if he can see the importance of it. Congenial, helpful, generous, and humble in his own way. Compared to many others in the academic world he does not seem to want to hold on to a grudge, instead his logic seems be to forgive and forget. A character trait that 9

Preface probably has helped more than one career in the field. His openness towards new ideas is well known. This combination of visionary, scholar and entrepreneur has most likely done wonders for criminology in Sweden, or so will we argue in our counter-factual essay on Swedish criminology in this book.

We must also say a few words about Jerzy as a public intellectual.

We do this by relating his many contributions to the Swedish debate on crime and crime policy to the issue of what a public criminology should look like. Public criminology draws on questions like: what kind of responsibility do researchers have when it comes to participating in the public debate, and what should the role of the researcher be?

Ian Loader and Richard Sparks (2011) brought these concerns back to life in criminology by addressing the questions of what a public criminology is supposed to be and do. Loader and Sparks book can be seen as a response to the “call to arms” that Michael Burawoy (2005) sounded for a public sociology in 2004. In practice, a public criminology aims to broaden the circulation of criminological research beyond academia, finding instead a broader audience, such as criminal justice practitioners and the public. Suggestions have been made that public criminology ought to place even greater emphasis on activities that informs public understanding concerning issues such as crime, punishment, criminal law, and criminal justice. In a Swedish context the idea of Bildung steps to the forefront. The concept of Bildung has no corresponding English concept or movement. The history of Bildung is related to Wilhelm Humboldt and the Berlin University, and the use of the concept in Sweden points to the historically strong connection between German and Swedish culture. The general idea is that science and research, when being taught, as well as practiced, at universities, should strive to go beyond a strict instrumental and utilitarian approach, focusing instead the general intellectual advancement of students, researchers, and society, thus paving the way for a more Enlighted public discourse. In Sweden Volksbildung, i.e., the idea of educating the public, became a pivotal instrument in building the Social Democratic welfare state.

Of course, the pedigree of Bildung hails back to the Enlightenment, and for many philosophers the Enlightenment is not an historical period, but rather a practice of social and intellectual reflection, unbound 10

Preface to time or place, where the application of reason will emancipate us.

When Immanuel Kant (1784) tried to define “enlightenment” his answer was humankind’s release from its self-incurred immaturity, where “immaturity is the inability to use one’s own understanding without the guidance of another”. Kant consequently identifies enlightenment as the process of undertaking to think for oneself, to employ and rely on the faculty of reason in determining what to believe and how to act. Kant further argued that this immaturity is self-inflicted, stemming not from a lack of understanding, but from the lack of courage to use one’s reason, wisdom, and intellect, without the guidance of another.

Kant maintained that using one’s reason is considered dangerous by many, and accordingly stated that the motto of the Enlightenment is Sapere aude! Dare to be wise!

Jerzy’s position as a public intellectual takes place in a time where using the faculty of reason many times is discredited as taking an “ideological” stance (see our paper on criminology in the media). Crime policy in Sweden has gained in importance as a way of showing political will during the last decades (Andersson & Nilsson 2017). This is mainly due to political changes, such as the Swedish EU-membership and the municipalization of large parts of the welfare policy, thereby extinguishing traditional arenas for making policy (Ibid.). But the political ambitions are all too often framed as something opposed to the research result emanating from criminology. This emotionally driven crime policy builds on posing the assumed emotions of the public against the unsensitive, instrumental and empiricist reasoning of criminology (Ibid.). Becoming a public figure always has its pros and cons but taking a position as a public intellectual while at same time going against the simplifying and stupefying argumentation that has come to permeate Swedish public debate on crime, takes its criminologist.

Saper aude seem to be the rationale guiding Jerzy as a public criminologist, while Volksbildung seem to be his aim.

We would hereby like to thank all the contributors making this book possible. A special thank you to Sten Heckscher, who proved to be very helpful in planning the presentation of this Festschrift at the Stockholm Criminology Symposium. An extended thank you goes to The Stockholm Criminology Prize foundation for granting us means making it possible for us to present this Festschrift.

11

Preface The publication of this Festschrift has been made possible due to generous contributions from Emil Heijne’s and Torsten Söderberg’s foundations. Thank you!

The editors

List of reference: Andersson, R. & Nilsson, R. (2017). Svensk Kriminalpolitik. Stockholm: Liber.

Burawoy, M. (2005). 2004 Presedential adress: for public sociology.

American sociological review, Vol 70, p. 4–28.

Kant, I. (1794) (2009). An answer to the question: “what is enlighten­ ment?”. London: Penguin.

Loader, I. & Sparks, R. (2011). Public Criminology?. London: Routledge.

12

­

bration of Jerzy Sarnecki and his

contribution to criminology. The book contains original papers from a range of writers from the fields

crime policy. A common theme of a public criminology and his willingness to contribute to the public

debate concerning crime and crime

policy. The Editor’s and the contributing authors hereby want to

gratulate Jerzy on his 75th Birthday – Best Wishes and Congratulations!

ISBN 978-91-7737-166-3

JERZY SARNECKI was born in Warsaw,

A L I F E I N C R I M I N O LO GY

the book is Jerzy’s contribution to

Festschrift to Jerzy Sarnecki

Festschrift to Jerzy Sarnecki

of criminology, criminal law, and

A L I F E I N C R I M I N O LO GY

EDITORS

A Life in Criminology is a cele­

which the modern state has evolved. In Sweden, crime and crime policy have been important subjects during most decades of the 20th century, and have from the late 1970s onward gained more and more attention in the public mind. This period is characterized by many events and happenings: the introduction of drugs, the rise in youth crime, the downfall of the rehabilitative ideal, the re-articulation of the welfare state and migration. But the period has also seen a constant – Jerzy Sarnecki.

Ever since his dissertation in 1978 Jerzy has been part of Swedish criminology, and not only a part but a driving force! Appointed in 1993 to the (then) only chair in criminology Jerzy has been instrumental in turning criminology from a subject matter on the margins to one of the most applied for subjects at Swedish universities, while at the same time becoming a public intellectual trying to bring about an informed public debate on crime and crime policy. This Festschrift is a celebration of Jerzy turning 75 years in 2022 as well as a celebration of his contribution to criminology. This Festschrift brings together papers from scholars, judges, jurists, lawyers, and public officials, but above all it brings together a bunch of friends of Jerzy who want to celebrate his work and his contribution to criminology!

Robert Andersson & Paula Wahlgren

CRIME HAS BEEN A CENTRAL social problem around

EDITORS

Robert Andersson Paula Wahlgren Omslag: John Persson/ArtStory Fotograf: Peder Nordenstad

Poland, in 1947 and came to Sweden in 1969. After studies at Stockholm University, Sarnecki earned his PhD in sociology in 1978. During the years 1977 to 1993 Sarnecki was employed as a researcher at The National Crime Prevention Council, the last years as head of the department for development. In 1993 he was appointed to the chair in criminology thus becoming Sweden’s second professor of criminology.

Sarnecki is the author of several standard works in criminology, and he has held numerous assignments, amongst them chair of the Nordic Research Council for Criminology. Sarnecki is one of the initiators behind the Stockholm Prize in Criminology and co-chair of the prize committee. Since 2012, he is also professor at Gävle University College.