Advanced

”Jag är inte kriminell, varför är jag på en anstalt?”: En rättssociologisk studie av den kriminaliserande effekten samt rättssäkerheten för förvarstagna individer vilka kriminalvårdsplaceras utan att vara misstänkta eller dömda för brott.

Strand, Clara LU and Bäckander, Maja LU (2016) RÄSK02 20161
Department of Sociology of Law
Abstract
Foreign nationals may, according to Swedish law, be placed in detention centers. That means that they are deprived of their liberty for the purpose of being accessible for the migration authorities. The person will thereby be placed in a designated premises provided by the Swedish Migration Agency, although an incapacitation in police custody or correctional facilities can also become a reality. This means that people who are neither suspected nor convicted of crimes get an equivalent treatment as inmates. Interviews with six persons, who possess knowledge in the subject, have been conducted to analyze whether this kind of placement has a criminalizing effect. Both individuals working for the Swedish Migration Agency and people employed at... (More)
Foreign nationals may, according to Swedish law, be placed in detention centers. That means that they are deprived of their liberty for the purpose of being accessible for the migration authorities. The person will thereby be placed in a designated premises provided by the Swedish Migration Agency, although an incapacitation in police custody or correctional facilities can also become a reality. This means that people who are neither suspected nor convicted of crimes get an equivalent treatment as inmates. Interviews with six persons, who possess knowledge in the subject, have been conducted to analyze whether this kind of placement has a criminalizing effect. Both individuals working for the Swedish Migration Agency and people employed at correctional facilities have been interviewed to get a broad and deep understanding of the practical implementation of the law. According to previous research addressed in the thesis placing a detainee in correctional facilities is more severe than a placement at the detention center, meaning such incapacitation may cause a more criminalizing effect.

Furthermore the purpose of this thesis was to examine the decisions and placements in correctional facilities with Aleksander Peczenik’s explanation of material and formal legal security. The formal legal security is found to be relatively strong since the employees act in line with the Swedish law. Thereby according to the interviews the belief in the placements legality is legitimate, which is consistent with Max Weber’s view of a modern society. Yet it fails to be completely legally secure since it is difficult to predict the length of the placements. The level of material legal security is hard to define since the detention centers may predicate their decisions differently, thus it is a matter of subjectivity. (Less)
Please use this url to cite or link to this publication:
author
Strand, Clara LU and Bäckander, Maja LU
supervisor
organization
course
RÄSK02 20161
year
type
M2 - Bachelor Degree
subject
keywords
Sociology of law, Detention, Correctional facilities, Foreign nationals, Rule of law, Detainees, Criminalization, Legitimacy, Legality, Material and Formal Legal Security
language
Swedish
id
8876182
date added to LUP
2016-06-17 10:53:30
date last changed
2016-06-17 10:53:30
@misc{8876182,
  abstract     = {Foreign nationals may, according to Swedish law, be placed in detention centers. That means that they are deprived of their liberty for the purpose of being accessible for the migration authorities. The person will thereby be placed in a designated premises provided by the Swedish Migration Agency, although an incapacitation in police custody or correctional facilities can also become a reality. This means that people who are neither suspected nor convicted of crimes get an equivalent treatment as inmates. Interviews with six persons, who possess knowledge in the subject, have been conducted to analyze whether this kind of placement has a criminalizing effect. Both individuals working for the Swedish Migration Agency and people employed at correctional facilities have been interviewed to get a broad and deep understanding of the practical implementation of the law. According to previous research addressed in the thesis placing a detainee in correctional facilities is more severe than a placement at the detention center, meaning such incapacitation may cause a more criminalizing effect.

Furthermore the purpose of this thesis was to examine the decisions and placements in correctional facilities with Aleksander Peczenik’s explanation of material and formal legal security. The formal legal security is found to be relatively strong since the employees act in line with the Swedish law. Thereby according to the interviews the belief in the placements legality is legitimate, which is consistent with Max Weber’s view of a modern society. Yet it fails to be completely legally secure since it is difficult to predict the length of the placements. The level of material legal security is hard to define since the detention centers may predicate their decisions differently, thus it is a matter of subjectivity.},
  author       = {Strand, Clara and Bäckander, Maja},
  keyword      = {Sociology of law,Detention,Correctional facilities,Foreign nationals,Rule of law,Detainees,Criminalization,Legitimacy,Legality,Material and Formal Legal Security},
  language     = {swe},
  note         = {Student Paper},
  title        = {”Jag är inte kriminell, varför är jag på en anstalt?”: En rättssociologisk studie av den kriminaliserande effekten samt rättssäkerheten för förvarstagna individer vilka kriminalvårdsplaceras utan att vara misstänkta eller dömda för brott.},
  year         = {2016},
}