Polygraphic Study of Parameters of Subjective Perception of Norms and Humanization of Punishment by Residents of Khanty-Mansi Autonomous Okrug-Yugra

Naumenko Evgenii Aleksandrovich ORCID: 0000-0002-0235-8036 Doctor of Psychology Professor, Yugra State University 628011, Russia, Khanty-Mansiysk Autonomous Okrug, Khanty-Mansiysk, Chekhov str., 16, office 303 hea2004@mail.ru Other publications by this author

 Introduction

Relevance, significance and essence of the problem.

The article presents the results of a study of the subjective perception of criminal punishment by residents of the Khanty-Mansi Autonomous Okrug-Yugra, their assessment of the limits of humanization of such punishment, implemented in the IC UFSIN. Such a study is relevant at the present time, because in the public consciousness there is an incomplete, mythologized and multidirectional perception of norms, rules and practices of the execution of criminal punishment. The relevance of the research topic is also determined by the discussions held in various social institutions in recent years. A particularly important component of such discussions is public opinion – the opinion of citizens who are the direct subjects of determining the penalty.  The peculiarities of the regime of detention of convicts in the IC are also perceived in the public consciousness in a polar opposite way – from too strict and regulated, to free and self-determined. This perception forms all kinds of discussions in society about the need for revision, meaningful correction of the norms and rules of detention of convicts while serving their sentences in the IC. The social significance of such discussions and, in particular, the personal assessment by citizens of the limits and content of the humanization of convict detention regimes, form an institutional response in society to the norms of social activity and law-oriented behavior.

The scientific novelty of the research is determined by the materials characterizing the personal projections of the assessment of the subjective perception by citizens of the limits of the humanization of punishment in the practice of criminal proceedings and the execution of punishment in the system of the Federal Penitentiary Service. Insufficiently real, mythologized, poetic-romantic perception of the content and forms of execution of criminal punishment deforms the socio-normative behavior of citizens. To a special extent, this statement concerns the youth of the studied region, which determines the easy forms of entry of minors into the criminal subculture and antisocial relationships. The subjective perception of the humanization of criminal punishment and its limits also has a regional aspect. His research in a sample of residents of KhMAO-Yugra also determines the novelty of this study.

The hypothesis of the study is the assertion that insufficient rigidity and certainty of punishment, as well as its "softness", excessive humanization form inadequate relations of citizens in a social community and the implementation of law-abiding, law-oriented behavior. The same role in the formation of law-abiding behavior is played by the inadequate perception by the subject of the essence of criminal punishment for the relevant offenses. The purpose of the study was the need to determine the parameters of subjective perception of the limits of humanization of criminal punishment by residents of KhMAO-Yugra. The objective of the study: to obtain and analyze the meaningful results of the study of the subjective perception of the process of humanization of criminal punishment by residents of the Khanty-Mansi Autonomous Okrug-Yugra, to summarize the results in the final conclusions of the study. The practical significance is determined by the possibility of using its results in the practice of pedagogical, law enforcement, social, administrative and managerial work with residents of the region, taking into account the peculiarities of the perception of criminal law norms of punishment as a mechanism regulating the system of their social relations.

Basic provisions 1. The psychological processes of perception of the forms and content of criminal punishment have a regulating and law-oriented effect on the social activity of the subject.

            2. The content of criminal punishment, its forms and effectiveness are perceived through the process of legal socialization. Norms and principles of punishment are internalized – they acquire internal meanings and normative models of behavior in the consciousness of the subject through their social assessment and system of relations.

            3. Natural and climatic conditions of existence, socio-economic relations, cultural and ethnic differences, lifestyle of citizens have a significant impact on the processes of legal socialization. The mechanism of subjective perception of the norms of criminal punishment, their execution and humanization play a decisive role in the formation of law-abiding behavior and the system of law-oriented relations of the subject in society.

Overview of the problem. The importance of determining the measure of criminal punishment is an urgent task of the current stage of development of civil society. Discussion discussions on this issue affect various spheres of public institutions – legal, administrative and managerial, pedagogical and others. There are a variety of approaches to solving this problem, from extremely negative reviews about the need for tougher punishment, to the opposite – extreme humanization. In the study, we tried to determine the positions of the public opinion of residents of the Khanty-Mansiysk Autonomous Okrug – Ugra regarding measures to humanize punishment for criminal offenses by methods objectifying their subjective perception of the need for humanization processes in the Russian legal field.

A number of authors reasonably point out the legal problems that arise with a significant level of humanization of criminal punishment ^{[6; 8; 10]}. It is proved that the humanization of punishment forms a "liberal model of criminal policy" in which a cult is created around market relations and criminal legal counteraction to economic abuses is limited; commercialization of power arises; deprofessionalization and corruption of representatives of the criminal justice apparatus increases; persons with criminal experience and connections break into power; liberalization of punishment for economic crimes deepens; the system of legal education and crime prevention is severely deformed; it generates systemic corruption ^[6].  A number of authors note the fact that the principle of humanism in criminal punishment is fundamental for the system of law enforcement, it excludes the practice of physical and mental suffering of persons involved in criminal proceedings ^{[10; 13]}.

Another point of view on the humanization of punishment is also discussed. A number of researchers consider and prove the progressive importance of the humanization of criminal punishment. It is noted that the humanization of punishment contributes to the effective resocialization of convicts ^[7], increases human security in society, ensures equality and justice in the law enforcement system, establishes the principles of legality, equality, justice, humanism, which are of great importance for the evolution of legislation in a state governed by the rule of law and the implementation of universally recognized humanistic ideas ^[9]. The principle of humanism allows for a differentiated approach in legal proceedings, taking into account the individual characteristics of each defendant and removing the lower thresholds of criminal punishment under a number of criminal articles ^[11], determining the measure of punishment not related to deprivation of liberty ^[12].

We have defined the task of researching public opinion on this issue. It is solved by a survey method using an objectified assessment of the respondents' subjective perception of the perception of the humanization of criminal punishment. For this purpose, the analysis of psychophysiological parameters (objective) obtained in the polygraphic study of their answers to the questions posed in the study is used.

Materials and methods. The study involved respondents aged 17-65 years of both sexes, who had and had no experience of illegal behavior (including serving a sentence in the IC system of the Federal Penitentiary Service), different national and ethical groups in the number of 390 people. The respondents were offered standard questions prepared in advance, reflecting their subjective perception and attitude to the content and assessment of social justice of existing types of criminal punishment. The individual reaction of respondents to each question was revealed, as well as the degree of sincerity in his answer. Sincere and insincere answers were recorded separately, the attitude to which was reflected in the analysis of the results obtained. Experimental work was carried out by using the capabilities of the polygraph "Diana – 5" (certified device) ^[1]. Physiological readings of blood pressure sensors (BP), motor reactions (DR) and skin-galvanic reaction (KGR) were recorded. Based on the indicators of these reactions, in contrast to the background ones, we determined the psycho-emotional parameters of the respondents' subjective assessments of their perception of the norms of criminal punishment and their subjective attitude to the limits of humanization of existing punishments. In addition, the dynamics of changes in the indicators of emotional, motor reactions, jumps in blood pressure, and changes in the CPR testified to a subjective (internal) conflict in the content of the question being asked, to which it was necessary to project one's attitude and determine the answer. Respondents' responses identified as tendentious and not sincere were excluded from the survey database in both male and female groups. The polygraphic method provided internal (meaningful) validation of respondents' answers ^{[14; 15]}. The study was carried out by a qualified polygraph examiner with experience working with similar databases.      

Results and discussionsThe study of the subjective perception by residents of the Khanty-Mansiysk Autonomous Okrug of criminal punishment assessments and the limits of their humanization were studied in relation to various types of crimes.

The study of the assessment of the limits of the humanization of punishment (criminal) was conducted by a survey method for groups of respondents identified in accordance with their age parameters. In the proposed questions, the measure of punishment, in determining the limits of its humanization, was represented by a system of rank assessment. For this purpose, a questionnaire was prepared on the respondents' rank attitude to various types of criminal punishment in accordance with the incriminated composition of the crime. Respondents were asked questions in which they subjectively assessed the degree of effectiveness of existing criminal penalties for crimes. The personal (subjective) attitude to the measure of criminal punishment was fixed with the method of objective control – polygraphic determination of the attitude to the process of execution of punishment, to the measure of punishment, including the subjective attitude of the resident to the question of the need to humanize the content of punishment or a greater degree of its application. The measure of punishment and its subjective perception were the basis of the study.  In parallel, it was proposed to assess the change in the penalty (strengthening or weakening) for certain types of crimes. The data obtained were analyzed in subgroups assigned to different age categories of respondents.

            The sample of residents was divided into three age groups. In each of the three subgroups of respondents, we studied estimates of the real and subjectively desired limits of the limits of humanization of punishment under criminal articles ^[3] of the following categories: – murder; – violence; – corruption; – pollution of waters and the atmosphere; – damage to the earth; – illegal extraction of biological resources. The data given in Table 1 reflect the rank assessment of the subjective measure of criminal punishment in the current and proposed implementation option, considered by groups in accordance with the personal projection of its respondents. The range of assessment indicates a subjective perception of punishment as excessively high, in which measures are needed to humanize it (pole 0-1 points); 2-4 – the level of assessment is above average; 5-6 – average; 7-8 – above average (in the direction of tightening); 9-10 high (tightening of punishment). 

Table 1

Generalized indicators of subjective assessment of the limits of humanization of criminal punishment by a sample of respondents in different age groups

            Note: a). The data in the tables are given in standardized units. b). Only the most reliable data of respondents confirmed in the polygraphic study were taken into account.

Analysis of the results of the survey of respondents shows that there are differences in the estimates of the measure of real criminal punishment and its subjective assessment in different age groups. The lowest ratings of the existing punishment were found in the youth group of respondents (M=4.75), while in older ones the satisfaction with the existing punishment was higher (M=5.1; 5.7, respectively). Such assessments also found their response in indicators of subjective perception of the need to change the existing norms of punishment in terms of their humanization or tightening of such norms. The assessments of all groups of respondents tend towards the need for tougher punishment, and the most radical assessments are noted in the youth group of respondents (9.2 – high level) An interesting picture is also shown by the standard deviations of the values of the estimates (?). More dense (monotonous) results of assessments of dissatisfaction with the content and measures of criminal punishment are also found by the respondents of the youth group. The group of middle-aged respondents has the highest spread (heterogeneity) such estimates.

Interesting data from the survey on the need to humanize punishment assessments were revealed in samples divided by gender (Table 2).

Table 2.

Indicators of the need to humanize criminal penalties (for all categories of crimes under consideration)

Note: a). The data in the tables are given in standardized units. b). Only the most reliable data of respondents confirmed in the polygraphic study were taken into account.

The picture of the need to humanize criminal punishment tends to increase the severity of punishment for the crimes in question as a whole. In the women's group, such requirements are higher than in the men's group. Although, the scores in the groups of men and women are similar in content. The indicators of the standard deviation indicate a significant density of the results of the assessment of the need for humanization (tightening) of criminal punishment in all age groups of respondents.

The indicators of the respondents' subjective assessment of the need to humanize criminal punishment and for certain types of crimes mentioned above were considered. At the same time, during the survey, the subjects were informed in a standard form of the content of the punishment provided for by the Criminal Code of the Russian Federation for each type of criminal offense. Tables 3 and 4 give the following values for the female and male samples, presented in standardized point estimates.

Table 3

Subjective assessments of the rank choice of the punishment measure and the limits of its humanization. Women (maximum score in points – 10; minimum – 0)

Table 4

Subjective assessments of the rank choice of the punishment measure and the limits of its humanization. Men (maximum score in points – 10; minimum – 0)

      Note: (notation in Tables 3 and 4)

1 – murder; 2 – violence; 3 – corruption; 4 – pollution of water and atmosphere; 5 – damage to the earth; 6 – illegal extraction of biological resources.

a – assessment of the actual measure of punishment; b – proposed assessment;

First of all, it is interesting to assess by respondents the actual measure of punishment for crimes classified as premeditated murder, with all aggravating circumstances. All respondents in all age subgroups assessed the punishment as insufficiently harsh and effective. Respondents of almost all age groups supported the tightening of such a measure, their assessment is interpreted as high. This means that this contingent of respondents believes that the humanization of criminal punishment for such crimes is not justified, their content needs to be tightened. This opinion fits perfectly into the practice of public discussions on the abolition of the moratorium on the death penalty for those convicted of crimes related to the forcible deprivation of human life. High scores related to crimes against the person (violence, murder) indicate that respondents of male groups, especially of the middle age range, subjectively perceive criminal punishment for these groups of crimes as insufficiently effective and consider it necessary to toughen it. This well illustrates the difference in assessments between the actual existing measure of punishment (3; 2; 4 – violent crimes and 0; 0; 0 – murders, respectively, by age groups) and subjectively perceived as necessary (9; 8; 9 – violent types and 9; 10; 8 – murders). A certain maximalism of the subjective perception of the need for tougher punishment is also noted for other types of crimes – environmental, economic (Table 4).

Estimates of the subjective perception of measures to humanize criminal punishment of female respondents also indicate a significant preponderance of the expectation of tougher punishment in almost all the positions under consideration. However, with a summary assessment of this attitude of women to the need for tougher punishment, it can be noted that there are no extreme assessments. However, the trend of stricter standards is clearly visible (Table 3)

Conclusion1. An objective survey of residents of the Khanty-Mansiysk Autonomous Okrug, conducted through the use of printing equipment, showed that the need to toughen criminal penalties in the subjective perception of the public of the region is an urgent and socially demanded task facing state institutions of governance.

            2. The most polar estimates of the limits of the humanization of criminal punishment, having the largest range of their dispersion between actual punishments and subjectively desirable, are the youth audience of the Khanty-Mansi Autonomous Okrug-Yugra. Respondents of this group identified the highest estimates of the need to toughen criminal penalties and low estimates of available, relevant measures. This is evidence of a certain requirement of dehumanization of punishment, the assessment of which is formed in the minds of respondents of the youth audience.

            3. Some differences were revealed in the assessments of measures of humanization of criminal punishment in groups of respondents of different ages. If the respondents of the youth sample were the most radical in their assessments, then the respondents of the older age group became the most tolerant of actual punishments and their weighted assessment in the subjective picture of the need for their change (humanization). The estimates of the female audience turned out to be more "soft", weighted, with a tendency of averaging. They subjectively perceive the need to humanize criminal punishment within limited limits and consider the available penalties satisfactory.

            4. Unanimous in all groups of the sample under study is the attitude to the need for a principled tightening of criminal penalties for crimes related to the intentional deprivation of human life (with various aggravating circumstances). All respondents of different age subgroups consider the existing punishment inadequate to their internal subjective assessment and subjectively perceive the need for its tightening.  

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