Discussion Board Sweden
farra004
swedens.pdf
Kiruna
Stockholm
Norway
SWEDEN
400 km0
NORWEGIAN SEA
BALTIC SEA
Gothenburg
Den.
Poland Russia
Lithuania
Belarus
Latvia
Estonia Russia
Finland
Malmö
Ger.
Concepts to Know
Riksdag Offi ce of the Parliamentary
Ombudsman National Police Board Law Council Temporary Custody Act
(1973) National Council for Crime
Prevention lay judges principle of mandatory
prosecution
public victims’ counsel furloughs Act on Correctional
Treatment in Institutions (1974)
day-fi ne KRUM social boards social police
213
Chapter III
SWEDEN
INTRODUCTION Sweden is a large, elongated country located on the eastern half of
the Scandinavian peninsula. The Baltic Sea separates the country from its southern neighbors, Germany and Poland. Sweden encompasses an area of 173,731 square miles, which makes it the fourth largest country in Europe in terms of area and, by way of comparison, roughly the size of the state of California. Its population of more than 9 million is small compared to other European countries. About 90 percent of its inhabit- ants live in the southern half of the country, with one-third of the popula- tion living in the three major cities of Stockholm, Götenburg, and Malmö. The rest of the populace live in fairly small cities. This is largely the result of the highly decentralized nature of Sweden’s industry.
Sweden was largely an agrarian country until the middle of the nine- teenth century. Since that time, it has emerged as one of the most indus- trialized nations in the world. Included among the signifi cant industries are: iron and steel, chemicals, pharmaceuticals, communications, elec- tronics, paper, pulp and wood, and transportation equipment. The coun- try has become so highly industrialized that only 2 percent of the labor force is now employed in agriculture. The majority of the farms in Sweden are small, family-owned units. With the possible exception of the United States, Sweden is the only industrialized country in the world that has the capacity to be relatively self-suffi cient.
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Since World War II, the greatest attention and interest in Sweden has been directed at two objectives: (1) its ability to achieve a high standard of living for its people through economic prosperity; and (2) an adherence to and expansion of its application of social welfare principles. There are a number of factors that were instrumental in securing the achievement of this successful merger of capitalism with socialism. The level of indus- trialization obviously enhanced the process, but there were other equally signifi cant variables. For example, Sweden’s foreign policy was one of neutrality in times of both peace and war. Thus, they were free to direct their attentions and resources to domestic affairs.
While most advanced societies are characterized as having some regional, linguistic, religious, racial, or ethnic heterogeneous qualities, only the Scandinavian countries, along with Japan, can claim to be homo- geneous. The offi cial language spoken is Swedish, and about 80 percent of the population are at least nominally members of the Lutheran State Church. Moreover, there have been only two native minority groups of any signifi cance. The Sami or Lapps number about 17,000 and have lived in northern Sweden for centuries. In recent years, the Sami have begun to integrate into the general society as they abandon reindeer herding. The other minority group are the Finns, who number about 30,000 and have lived primarily near the Finnish border. The homogenous nature of the society has enabled the country to operate with an unusual degree of political and social stability.
A fi nal factor, which was allegedly instrumental in securing a success- ful economic and social policy, was that government bureaucracy was decentralized. While the national government is located in Stockholm, it is largely administered at the provincial and local levels. This led to a further integration of society rather than a segregation of it.
The successful merger of capitalism with socialism began to experi- ence some diffi culty by the 1980s. Among the factors that contributed to these concerns was a reduction in the growth of the economy. There were also added pressures placed on the government’s welfare budget. The welfare state had matured both in the sophisticated delivery of its ser- vices and in the number of people who were eligible for its benefi ts.
This last point is in part attributed to the previous decades of rapid industrialization, which led to demands for a larger labor force. As a result, there was an infl ux of immigrants from other Nordic countries and from the continent of Europe. In more recent years, the country has experienced an infl ux of immigrants who were also seeking political asy- lum. These included people from several eastern European countries, as well as refugees from Chile, Ethiopia, Iran, and Vietnam. In the late 1980s and early 1990s, Sweden began to experience racist incidents that were unheard of a decade earlier. This led to a good deal of discussion about restricting the country’s immigration policy. The government initi- ated a campaign ahead of the 2006 parliamentary elections that was
CHAPTER III • SWEDEN 215
designed to increase participation in Swedish society, especially for those who had been excluded in the past. While all citizens were targeted, immigrants, along with people with disabilities, were singled out for par- ticular attention.
Finally, it should be noted that Sweden became a member of the European Union (EU) on January 1, 1995. Sweden’s neutral—and at times isolationist—foreign policy will undoubtedly be altered by this decision. Upon entering the EU, the country did reserve the right to abstain from participating in any defense alliances that the EU might establish.
GOVERNMENT Sweden’s political and legal institutions were largely indigenous cre-
ations that resulted from centuries of isolation from events on the conti- nent of Europe. Sweden was an active participant in the European power struggles of the seventeenth and eighteenth centuries, but in the early nineteenth century, the country returned to a state of isolationism. Although its nonallied status in world politics enhanced its insular posi- tion, it is evident that this is not as pronounced as it once was. Ideas from France, Germany, England, and the United States have had a signifi cant impact on Swedish society. Nevertheless, Sweden retains a degree of insu- larity that is unmatched by other industrialized countries. This will likely change to some extent as a result of joining the EU.
Although there have been concerns in the past decade with regard to racist incidents directed at immigrants, the country retains an enviable record of social cohesiveness. The political and legal history of Sweden is characterized by an unusual amount of stability. In the realm of politics, change has always been gradual. Thus, confl ict among groups or alien- ation from the body politic has been negligible. An illustration of this is found in the number of female candidates who continue to make signifi - cant gains in local, county, and national elections. As a result of the 2006 general election, women occupy 47 percent of the seats in parliament. It should be noted that gender equality was not confi ned to this particular election. Women have held key positions in the government, as ministers of culture, foreign affairs, justice, and public administration, in addition to the position of speaker of the parliament. Following the 2006 election, the prime minister formed a cabinet of 21 ministers, of which 10 are headed by women.
Swedish historians attribute the unusual degree of social stability to a long-standing respect for the law that dates back to the Viking era. Swedes generally view law as an instrument that explains the limits of power and authority granted to those who govern. This attitude is refl ected in their constitutional law.
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The Constitution
Although Sweden’s political system is characterized as stable, it is not stagnant. The constitutional arrangement has always been fl exible in order to accommodate change. The country’s constitutional law, which in Sweden is referred to as fundamental law, is composed of four parts or acts.
The Instrument of Government is considered the most important of the four acts. Its purpose is to explain how government is organized. Although the earliest version appeared in 1634, there were signifi cant revisions in 1720, 1772, 1809, and 1975. The 1975 Instrument of Government, which has been amended, is similar to the original docu- ment in that it elaborates how government is organized and operated; thus, it is like the constitutions of other countries. While many constitu- tions contain a preamble or an introduction that declares some basic political principles, such a statement is found in Article 1 of Chapter 1 of the Act: “All public power in Sweden proceeds from the people. Swedish democracy is founded on freedom of opinion and on universal and equal suffrage. It shall be realized through a representative and parliamentary polity and through local self-government. Public power shall be exer- cised under the law.”
The foreign observer is often surprised to discover that the Swedish constitution does not contain a bill of rights. Due process and civil rights concerns are expressed, however, in a number of provisions found in Chapter 2 of the 1975 Instrument of Government. The rights and free- doms elaborated in this chapter are divided into two kinds: (1) absolute rights and freedoms, and (2) rights and freedoms that may be restricted by law. Among the absolute rights are: freedom of worship; protection from compulsion to make known one’s political, religious, cultural, or similar views; protection from compulsion to belong to a political asso- ciation, a religious community, or other similar associations; prohibition against the registration of any person solely because of his or her political views; and protection of Swedish citizenship.
Some absolute rights and freedoms are of particular signifi cance to understanding the country’s justice system. They include: the right to have deprivation of liberty tried by a court of law or an authority of equal rank without undue delay; prohibition against corporal punish- ment, torture, and medical treatment to force people to make statements or keep silent; prohibition against retroactive penal legislation; and pro- hibition against capital punishment. Absolute rights and freedoms can- not be altered unless the fundamental law is amended.
Rights and freedoms that may be restricted by law include: freedom of speech, information, assembly, demonstration, and association; protection from personal search and from house search or similar intru- sion; protection from examination of mail, wiretapping, and similar
CHAPTER III • SWEDEN 217
interference with confi dential communication; protection from depri- vation of liberty and other restraints on freedom of movement; and the right to public court proceedings.
It should be pointed out that when Sweden joined the European Union in 1995 it incorporated into its legal system the European Convention for the Protection of Human Rights and Fundamental Freedoms. Furthermore, a new provision of the Instrument of Government indicates that no law or regulation adopted in Sweden will contravene its commitment to the European Convention.
The second document that encompasses the fundamental law is the Act of Succession. It was fi rst drawn up in 1810 and gave the right of suc- cession to the Swedish throne to the male heirs of the Bernadotte family. This is referred to as an agnatic order of succession. In 1980, a new Act of Succession was adopted that was designed to assure gender equality. The new law simply states that the eldest child (male or female) of the monarch is considered heir to the throne. Thus, the change permits a full cognatic succession. Because Sweden is a constitutional monarchy with a parlia- mentary form of government, the monarch’s duties are largely ceremonial. These include serving as Head of State, opening the Riksdag each year, and presiding over the cabinet when there is a change of government.
The third fundamental law document is the Freedom of the Press Act. This law was fi rst enacted in 1766 and has been the subject of a number of revisions. The Act essentially enables people to publish materials without prior censorship from the government. The materials can be one’s own thoughts and opinions, but may also include offi cial documents. Chapter 2 of the Act explains what constitutes an offi cial document. Basically, it includes materials held by a public authority and documents that were drawn up by a public authority and are registered in a fi nal form.
While this Act provides people the right to express themselves in print, there are some restrictions. These are spelled out in Chapter 7 of the Act and include such offenses as: treason, espionage, insurrection, negligence injurious to the interests of the country, incitement to criminal acts, perse- cution of a population group, and defamation. Moreover, not all govern- ment documents are available to the public. The Secrecy Act provides guidance on such matters that pertain to national security interests and the protection of an individual’s personal and fi nancial information.
The issue of establishing rules for media other than print had been debated in Sweden since the 1970s. Initially, the attention was directed at radio and television but progressed to include fi lm and other electronic recordings. The Fundamental Law on Freedom of Expression, which came into force on January 1, 1992, addresses those concerns and is the last of the four fundamental law documents. This Act utilizes the same principles that are spelled out in the Freedom of the Press Act, namely a prohibition on censorship and permitting free expression in the modern
WORLD CRIMINAL JUSTICE SYSTEMS218
media. The principal exception to this policy is the provision for the review and licensing of fi lms and videos designed for public viewing.
Finally, another characteristic of the Swedish constitutional scheme should be noted: that the government and administration are considered to have separate functions. Government ministries are primarily con- cerned with the preparation of new legislation that is submitted to the Riksdag. Once the legislation has received the assent of the government and the Riksdag, it is the responsibility of various central and county administrative agencies to implement the law.
The Riksdag
The Riksdag Act explains the operation of the Swedish parliament. While not a part of the fundamental law, this legislation is considered more signifi cant than regular statute law. The Swedes have long considered the Riksdag a protector of their rights rather than a threat to their freedom. This faith was reinforced in 1809 when the Riksdag established the Offi ce of Parliamentary Ombudsman, which has the responsibility of protecting the rights of citizens. Unlike most countries that have established a legislative branch of government, Sweden has maintained a unicameral parliament since 1971. A constitutional amendment abolished the bicameral system that had existed from 1866. The Riksdag is formed by direct election, and suffrage extends to all Swedes who have reached the voting age of 18. Swedish citizenship and attaining the voting age are also the basic eligibility requirements to run for a seat in the legislature.
The Riksdag is composed of 349 members, generally from county districts, who are elected to four-year terms. All the trades and profes- sions are well represented and no individual group dominates the parlia- ment. This comes as a surprise to those who expect legislatures to be dominated by lawyers. It is also worth repeating that 47 percent of the seats are currently held by women. Moreover, all elections are by propor- tional representation. This is achieved by having 310 seats assigned to specifi c electoral districts, while the remaining 39 seats are distributed at large. This assures that 39 seats are evenly distributed among the politi- cal parties in proportion to the votes that they receive nationally.
It was pointed out earlier that Sweden is noted for the unusual degree to which it has been able to maintain a highly stable political and social system. This is often attributed to a willingness to seek compromise and to reach consensus opinions. One could not fi nd a better place to illus- trate these qualities in action than in the work of the Riksdag.
It is also important to comment on two political characteristics that are common to Sweden as well as to other Scandinavian countries. These factors contribute signifi cantly to our understanding of the parliamen- tary process in Sweden. First, it is generally assumed that when a political
CHAPTER III • SWEDEN 219
party receives a majority in an election, it will attempt to implement the policy presented to the electorate during the election campaign. This approach is common in countries such as the United States and England. In Sweden, however, the primary political criteria of the majority party does not hinge solely on the implementation of its policy. Rather, it is interested in reaching compromises with all power groups that will enable the enactment of consensus legislation.
Second, multiparty systems are generally associated with political instability. Countries such as France and Italy have suffered the conse- quences of having multiple parties throughout the twentieth century. This is often cited as a reason for abandoning such a scheme and adopt- ing a two-party system. However, Sweden and the other Scandinavian countries prove to be an exception to the rule. Sweden has maintained a multiparty system and has achieved a high degree of political stability. The extent to which the Social Democratic Party has dominated Swedish politics since 1932, however, is a stabilizing infl uence.
The Cabinet
Most of the political power in Sweden rests with the cabinet and the political party or parties represented in it. The term “cabinet” is used inter- changeably with “government,” which is common in many European countries. Following an election, it is determined which of the major politi- cal parties is capable of governing the country and commanding support within the Riksdag. Once this is ascertained, the leader of the victorious party assumes the position of prime minister and selects people to join his or her cabinet. The cabinet includes the heads of the permanent ministries: agriculture, culture, defence, education and research, employment, enter- prise, environment, fi nance, foreign affairs, health and social affairs, inte- gration and gender equality, justice and public administration. In addition, several ministers-without-portfolio are appointed to the cabinet.
Although ministers-without-portfolio are generally members of the Riksdag, there is no regulation that limits selection from that body. Moreover, the prime minister may appoint people from another party in recognition of the political forces that are found in the Riksdag. Cabinet members represent the judicious choice of the prime minister; they are not subject to the approval of the Riksdag.
While members of the cabinet retain their seats in the Riksdag, they give up their right to vote in the parliament. Thus, another person assumes their parliamentary duties as long as they remain in the cabinet. Ministers, however, are permitted to address the Riksdag.
Swedish ministries are rather small, employing about 100 people, because they are not responsible for running the daily business of the government for which they have been assigned. Rather, their work is
WORLD CRIMINAL JUSTICE SYSTEMS220
limited to initiating legislation that pertains to their area of government responsibility. The Swedish cabinet is similar to the British cabinet in that it practices collective responsibility. This means that each cabinet mem- ber is accountable to the Riksdag for the administration of the entire government. Although the cabinet does not have to be approved by the Riksdag, it can be voted out of offi ce by the legislature.
Prime Minister
The political position of the Swedish prime minister is similar to that of his or her counterpart in England: political versatility is a must. The prime minister is the leader of the government and, therefore, is respon- sible both for initiating and defending policy in the Riksdag. As chair of the cabinet and leader of a political party, he or she assumes an impor- tant role at election time. Unlike other party leaders, the prime minister has greater access to information and is in a strategic position to infl u- ence the Riksdag, interest groups, and voters.
Political Parties
As was mentioned earlier, unlike most countries that have adopted a multiparty political system, Sweden retains an unusual degree of stability. Part of this success is attributed to the fact that from the 1920s until fairly recently, the same fi ve parties have dominated the political scene. These parties include: (1) the Social Democrats, (2) the Left (formerly known as Communists), (3) the Liberals, (4) the Moderates (formerly known as Conservatives), and (5) the Center (formerly known as Agrarians).
For the most part, these parties have as their goal the furtherance of liberal democratic ideals. The differences among them have been found largely in the social and economic base of the party membership and in the speed with which they are willing to achieve their political objectives. Just as the French tend to divide their political parties into ideological categories, the Swedes often consider the Social Democrats and the Left as the socialist bloc and label the other parties as the nonsocialist bloc. When viewed as two political blocs, rather than distinct parties, the pub- lic has tended to support both blocs on an equal footing. Recently, two new parties—the Greens and the Christian Democrats—have emerged to compete with the traditional parties.
Social Democratic Party The Social Democratic Party is the largest of the fi ve political parties. It usually receives approximately 40 percent of the votes during an election. Its success has been attributed to its ability to move from a party of ideology to one that is based on
CHAPTER III • SWEDEN 221
more pragmatic considerations. During the 1920s, the party abandoned its Marxist ideological stance and set out to achieve reform through another approach: by increasing its support at the ballot box. The party directed its attention to all employees and not just to the workers. While the Social Democratic Party has attracted the support of both blue-collar and white-collar workers, it has retained strong ties in particular to the National Swedish Confederation of Trade Unions. The party’s goal of increasing welfare provisions for all citizens was aided by the extensive rate and success of industrialization that occurred in Sweden after the end of World War II. Current budget diffi culties have led to a rethinking of the speed with which the party attempts to achieve its goal.
Liberal Party The Liberals are more apt to adhere to their ideo- logical position than the others. Infl uenced by British and American forms of liberalism, they advocate popular democracy, individual free- dom, free trade, and social reform. On social issues, they are similar to the Social Democrats in their belief that social welfare legislation should be expanded. In fact, this is their major source of criticism of the Social Democrats. The Liberals believe that the welfare system is inadequate and that the Social Democrats are guilty of poor planning of the wel- fare state when they are in power. The Liberals also tend to side with the Moderates in opposing the Social Democrats’ attempts at economic leveling through a highly progressive tax system.
Moderate Party Like the Social Democrats, the Moderates (Conservatives) have made a pronounced shift from their original politi- cal stance. Before World War I, it was a party in opposition to the emer- gence of an industrialized society and the popular notion of parliamentary democracy. Although they have continued to support a strong national defense and the monarchy, the Moderates have become more liberal on issues of economic freedom and on social welfare issues impacting health care, education, childcare, and assistance for the elderly. The party is similar to the Conservative party of England.
Center Party Until 1958, the Center Party was referred to as the Farmers or Agrarian Party. Agrarian parties were a common feature of Scandinavian politics, and although the party was clearly an interest group, it did not attract the support of all their intended constituents. Owners of large farms tended to vote for the Moderates, while many agricultural workers supported the Social Democrats. The party usually appealed to the independent farmer. Since 1958, they have forged a new identity, along with a new name, and are identifi ed with opposing high taxes and large state bureaucracy. In addition, they have gained the sup- port of environmentalists because of their opposition to nuclear power.
Left Party Sweden’s Left Party was originally the Communist Party of Sweden. The party took an independent approach to Marxism and did
WORLD CRIMINAL JUSTICE SYSTEMS222
not align itself with either the Soviet Union or China. Since the fall of communism in eastern Europe, the party has not only changed its name, but also has attempted to expand its party base to include communists, disillusioned social democrats, and environmentalists. The Left Party’s central policy still adheres to the need to eliminate class differences and to provide for the basic needs of all.
Green Party The Green Party was the fi rst new party to emerge in Sweden since the early part of the twentieth century. Although the Center Party was largely viewed as Sweden’s “green” party until the 1970s, it supported at that time the use of nuclear reactors and of toxic substances in agricultural production. With the nuclear accident at Chernobyl in the former Soviet Union in 1986, which affected Sweden directly with radio- active fallout, environmentalists established an organizational structure for a new political party and developed a comprehensive energy policy that is sensitive to environmental issues. The diffi culty plaguing the Green Party is that it is perceived as a one-issue party. To help rectify this image, they have expanded their agenda to include grassroots democracy, social justice, and nonviolence issues.
Christian Democratic Party Many European countries have had political parties that place Christian philosophy at the core of their policies. The Christian Democratic Party was established in 1964 but was not viewed as a signifi cant party until 1991, when it garnered enough votes (statute requires a 4 percent minimum) to gain representation in parliament. The party supports traditional moral and ethical values, placing an absolute value on human beings, defending human dignity, and supporting the right to life.
Administration
The administration of Sweden’s government is carried out at three levels: national, county, and municipal. The national administration is conducted by government ministries, but as was pointed out earlier, these ministries are rather small and their principal duty is to initiate legisla- tion in the Riksdag. Ministries, therefore, are not responsible for the daily administration of government business; that responsibility is han- dled by a number of central administrative agencies. For example, the Ministry of Justice is responsible for the police and the prison service, but the National Police Board and the National Prison and Probation Administration are authorized to manage these respective services.
Sweden is divided into 21 counties. Each county has a governor and a county administrative board. The governor is appointed by the govern- ment to a six-year term; thus, this person serves as the representative of the national government in the administration of the county. The governor
CHAPTER III • SWEDEN 223
and the county administrative board are primarily concerned with regional planning, social welfare issues, and police. Also found at the county level are county councils, whose members are elected by the pop- ular vote of their constituents. These councils are responsible for the healthcare facilities and public transit of the county, and they impose an income tax on residents to provide these services.
The country is also divided into 290 municipalities. Municipal gov- ernments are responsible for housing, water and sewage, basic educa- tion, and public assistance. This work is funded by revenues from an income tax and a property tax.
Ombudsman
Although the government and the Riksdag play a signifi cant role in checking the power and authority of Sweden’s administrative bureau- cracy, the position of ombudsman has long been synonymous with the country’s attempt to curb government abuse. The word “ombudsman” means representative or attorney. There are hundreds of people through- out Sweden who are called ombudsmen. Labor unions, banks, and insur- ance companies have them, and the government has utilized the position to oversee antitrust, consumer, and equal rights issues.
Although there are several government-appointed ombudsmen—for example, the consumer ombudsman, the equal opportunities ombudsman, the ombudsman against ethnic discrimination, and the children’s ombuds- man—it is the Offi ce of the Parliamentary Ombudsman that is of particular interest. This offi ce was created in 1809 when the Swedish constitution made the holder of the position an offi cer of the Riksdag. Its purpose was to guar- antee the citizenry that the judicial system and the government administra- tion would not use oppressive measures in carrying out its duties.
Today, the offi ce consists of four ombudsmen. The chief ombudsman handles issues involving taxation, in addition to the general duties of administering the internal workings of the offi ce. One ombudsman super- vises the military, the local governments, and the administrative courts, while another is responsible for social welfare and education programs. The fourth ombudsman supervises the courts of law, prosecutors, police, and the prison service. Each ombudsman is elected by the Riksdag to a four-year term that is renewable. It has been a tradition in Sweden that the ombudsman receives the support of all parties in the Riksdag. Prior to 1974, the law required that an ombudsman possess a legal education; as a result, most people who occupied the offi ce were former members of the judiciary. There are no longer special qualifi cations for serving, but ombudsmen continue to be selected from the ranks of the judiciary.
Parliamentary ombudsmen perform three tasks. They periodically inspect the government agencies for which they are responsible; they
WORLD CRIMINAL JUSTICE SYSTEMS224
conduct long-term investigations that are prompted by either individual complaints (or possibly an investigative article that has appeared in a magazine or a newspaper); and they deal with complaints from the pub- lic. Complaints often result from citizens being caught up in an agency’s bureaucratic paperwork.
In its annual report covering the period from July 1, 2005, to June 30, 2006, there were 6,008 cases registered with the offi ce. Of these, 5,804 were classifi ed as complaints; 89 were cases initiated by an ombuds- man; and 115 cases involved an ombudsman commenting on new legis- lation. Of the cases initiated by an ombudsman, the organization that received the most attention were: courts (7), police (8), prison adminis- tration (9) and social welfare (7). The organizations that attracted the most citizen complaints were: police (539), prison administration (912), social insurance (1,491), and social welfare (756).
The Offi ce of the Parliamentary Ombudsman was originally viewed as that of a special prosecutor. A number of prosecutions were instituted during the nineteenth century. This is the exception today, however. The ombudsmen’s principal weapon is to admonish or criticize offi cials who are at fault. In the process, they frequently suggest ways to rectify problems. On occasion, they may even recommend that a statute be amended. Ombudsmen, however, do not have the power to change an administrative decision or to order an offi cial to take a specifi c course of action. Nevertheless, it is alleged that the offi ce has enhanced the public’s confi dence in the courts and government agencies.
National Council for Crime Prevention
The National Council for Crime Prevention (NCCP) was established in 1974. Since 1994, it has been a government agency within the Ministry of Justice. The NCCP has a director-general and a board that is appointed by the government. The board includes representatives from various political parties in the Riksdag, undersecretaries from some ministries (such as Justice, Health and Social Affairs, and Education), representa- tives from county and local councils, and people from the private sector of labor and management. The purpose of the board is to establish the council’s policies and priorities.
The NCCP has two advisory groups that assist in determining the priorities of the council. Members of the Scientifi c Council offer advice regarding research and development activities; specifi cally, this includes appropriate research methodologies, ethical questions about projects, and evaluation methods. The other body is called the Advisory Group; it recommends how research activities should be prioritized and encour- ages cooperative ventures between practitioners and scholars of the jus- tice system.
CHAPTER III • SWEDEN 225
The NCCP is essentially a research and information center on crime and criminal justice. It provides the government, the Riksdag, other justice agencies, and the public with information about crime, criminals, crime prevention, and the impact of reform in criminal policy. The specifi c work of the council is organized around eight divisions. The crime studies division examines trends in crime and social change. This includes special studies on recidivism, drugs and crime, and economic and organized crime, or it may focus on a specifi c group of offenders, such as juvenile delin- quents. The individual change program division assesses the effects of various programs on offenders. This has included correctional treatment programs in general and an evaluation of electronic surveillance in particu- lar. The statistical division produces the offi cial justice statistics for the country. The methods and development division focuses on the research strategies of the council and also provides in-service training for people working in the justice system. The local crime prevention division provides the resources for various local crime prevention projects and particular attention has been directed at schools. The division is also responsible for evaluating these projects. The information and publication division disseminates the various materials that have been produced by the council. These include research reports, surveys, and evaluations. This division also organizes conferences. The international secretariat is designed to facilitate cooperative efforts between the NCCP and other international organizations. Finally, the administrative division handles the budgetary and personnel issues of the council.
In the past, the NCCP was credited with establishing working groups that attempted to improve efforts at coordinating activities between gov- ernment agencies that are either directly or indirectly related to criminal justice. For example, they were active in improving cooperation among social welfare agencies, schools, and the police. They also considered ways in which the schools might instruct students about the law and the legal system. Of course, they disseminated information about crime and crime prevention through publications, exhibits, and conferences. Members of the NCCP have seen their principal duty as educating the citizenry regarding the fact that crime control is not just the responsibil- ity of the criminal justice system, but also a duty involving all citizens.
This approach to issues of crime control was given a renewed impe- tus in 1996, when the government published Our Collective Responsibility: A National Programme for Crime Prevention. The government focused on three key initiatives to address the crime problem. The fi rst was a recognition that general societal development, other social problems, and government decisions outside the realm of crime policy have all had a profound impact on crime. As such, the problem of crime needs to be addressed on a broad political front. This should include political leaders at the national, regional, and local level, but it would also include the private sector. The business community was singled out to become active
WORLD CRIMINAL JUSTICE SYSTEMS226
in various initiatives in general and to assist in the reduction of certain types of crime in particular. For example, efforts to improve the manu- facture of theft-proof cars were singled out for attention. The second initiative involves improving legislation and developing crime control policies that are more effi cient. One objective is to write clear and com- prehensible legislation that reduces the possibility of fraud or other abuse. Another objective is to reexamine the range of sentencing options in light of the view that imprisonment has not been an effective deterrent. The fi nal initiative argues that the crime problem must be addressed at its source—the local level. Thus, cooperative efforts between government and citizens is imperative, and crime prevention strategies that have been initiated by citizens were singled out for particular attention (Ministry of Justice, 1997b). The NCCP is responsible for supporting and monitoring the crime prevention strategies that have emerged from these initiatives.
Among some of the NCCP’s planned or recent projects are: an analy- sis and assessment of local crime prevention boards; an investigation of how courts take the needs of a child into account when sentencing a for- eigner to deportation as a result of criminal activity; a trial study of pro- viding long-term prisoners with the opportunity to serve the fi nal four months of a sentence at home with electronic supervision; the develop- ment of a knowledge base on adults seeking contact with children via the Internet; and a national crime victim and security study that assesses levels of insecurity among victims and people exposed to crime.
POLICE Until the middle of the nineteenth century, Swedish police forces were
characterized as decentralized, unprofessional, and disorganized. Police forces in most European countries were suffering a similar stigma at that time. This is usually attributed to the fact that towns and cities were self-governing political units. As a result, policing the citizenry was considered a municipal concern. The responsibility for protecting a local community was considered a duty that was shared among police con- stables, town watchguards, fi reguards, and, at times, a military garrison. Because many constables were employed at other occupations during the day, they were often limited to part-time duty at night.
Attempts were under way to reform the police service in Stockholm by the middle of the nineteenth century. The changes that were instituted over the next 100 years served as the model for law enforcement through- out the country. In 1850, for example, police districts were established within the city to improve patrolling techniques, whereas garrisons were primarily limited to policing the outskirts of the city. By 1864, the head of the detective department was also a public prosecutor who was given
CHAPTER III • SWEDEN 227
the authority to prosecute cases in the police court that handled minor criminal matters. Initially, the governor of Stockholm served as the judge in this court, but this responsibility was transferred to the police commis- sioner. Thus, minor offenses were detected, prosecuted, and adjudicated by the police.
Despite these improvements, the police service continued to suffer from a lack of training and discipline. In 1876, a special department was established to train offi cers. Other specialized units were created during the 1880s; among these were a mounted division, a riot squad, and an orderly department that was designed to aid people in need of assistance. Finally, there was a concerted effort to improve the selection of police personnel. Traditionally, police had been recruited from among the work- ing class. Throughout the 1880s and 1890s, however, attempts were made to attract recruits from other classes by improving the wages of police. Moreover, as a condition of service, police were required to have military training. This was designed to improve discipline within the forces.
The idea that the police service should be nationalized was fi rst raised in the 1920s. The Riksdag occasionally studied the issue during the 1930s and 1940s, but nothing resulted from these inquiries. In 1962, a study recommended that the service be nationalized, and changes were put into effect in 1965. Thus, in the course of about 100 years, the Swedish police service was transformed from a decentralized, unprofessional, and disor- ganized service into one characterized as centralized, professional, and systematized.
Organization and Administration of the Police
Although Sweden opted for a centralized national system in 1965, one of the paramount concerns over the course of the past three decades has been with the management of the service. At issue is the extent to which police should be administered by the national government or responsible and accountable to a local authority. As a result of the 1965 decision, a number of signifi cant changes had an immediate impact on the law enforcement establishment. For example, the number of police districts was reduced from 554 to 118. This amalgamation was designed to make the system more effi cient, because 70 percent of the 554 forces had less than 10 offi cers. Under the new scheme, law enforcement would be fi nanced at the national level; thus, the police were no longer dependent on funding from the local district government in which they were serving. In turn, the responsibilities of police management were altered. Prior to centralization, the chief of police in most cities was also the public
WORLD CRIMINAL JUSTICE SYSTEMS228
prosecutor and the distrainer. Distrainers are responsible for seizing the property of people who have failed to pay a debt or taxes. Under the new scheme, the chief of police was directly involved only with police work, and prosecutors and distrainers were found in separate departments.
The nationalization of the police service and the centralization of its management resulted in a good deal of criticism. Opponents of the new scheme initiated a campaign for reform that would both decentralize and democratize the police service (Akermo, 1986). Their concerns cen- tered on the fact that the relationship between a local community and its police force had diminished and that decisions involving law enforce- ment were no longer being made at the local level. Rather, the National Police Board had established a virtual monopoly over policy, personnel, and process decisions. Moreover, the central police bureaucracy contin- ued to expand. This was an important concern for those distrustful of the proliferation of government bureaucracy—especially when the agency was mandated to perform such sensitive duties as law enforcement and order maintenance.
Some critics also believed that contact between the police and the public had been further reduced during the 1970s with the advent of advanced technology in police work. They were of the opinion that this situation might lead to more coercive confl icts between police and citi- zens. The concept of democratization was directed in general at improv- ing police-community relations and in particular at enhancing the authority of locally elected police boards.
In 1975, the government established a commission on the police to examine a host of issues, not the least of which were the criticisms gener- ated by the 1965 move to nationalize the police. The commission was instructed to determine whether the police were adequately meeting the present needs of society. In its prefatory remarks, the commission pointed out that all government services had expanded considerably since the mid-1960s. This had created a need for closer coordination between the national and local governments, as they became more dependent on one another. As a result of this trend in government expansion, the police were no longer limited to law enforcement and order maintenance con- cerns, for they had increased their involvement in social service functions. Because of these added responsibilities, the commission believed that there must be a greater degree of cooperation between the National Police Board and local police agencies. Admittedly, the government and the Riksdag did not wish to relinquish their control over the police through the National Police Board, but the commission was of the opinion that the powers and authority of the Board should be eased somewhat.
The commission published its report recommending several app- roaches in which the management of the police could be decentralized (Government Commission on the Police, 1979). One of the commission’s
CHAPTER III • SWEDEN 229
specifi c recommendations was that the regulations governing police be combined under one piece of legislation. The Police Act and a govern- mental Police Ordinance were enacted in 1984. Most of the commis- sion’s recommendations were contained in either the act or the ordinance, and they were implemented during the latter half of the 1980s. Subsequent changes were introduced so that now the police are governed by the 1999 edition of the Police Act. A description of the organization of the Swedish police service is found in Figure 3.1.
The Ministry of Justice The Ministry of Justice is a cabinet-level department in the Swedish government. The minister of justice is appointed by the prime minister and is usually a member of the Riksdag who is trained in law. The ministry consists of 18 divisions. Six of them are specifi cally responsible for matters that pertain to criminal justice: Division for Police and Prosecution Issues, Division for Procedural Law and Court Issues, Division for Penal Law, Division for Criminal Cases and International Judicial Cooperation, Division for Crime Policy, and Division for Constitutional Law. Thus, the minister of justice is the civilian politician who has the greatest responsibility for the Swedish criminal justice system.
The National Police Board It was pointed out earlier that cabinet ministries are primarily concerned with the initiation of legisla- tion in the Riksdag. The actual day-to-day coordination of government is the responsibility of central administration. The central administration of police is entrusted to the National Police Board. The board includes the national police commissioner, the commissioner’s deputy, and eight addi- tional members. Both the commissioner and deputy are appointed by the government to six-year terms. Among the other eight members, two are representatives from the administrative staff of the board, and the other six
Figure 3.1
ORGANIZATION OF THE SWEDISH POLICE
Ministry of Justice
National Police Board
National Laboratory of Forensic Science
National Security Service
Economic Crimes Secretariat
National Criminal Investigation Department
National Police College
21 Police Districts
WORLD CRIMINAL JUSTICE SYSTEMS230
are members of the Riksdag. All are appointed by the government. Thus, the minister of justice and the six board members from the Riksdag consti- tute a signifi cant civilian element in the administration of the police.
The authority of the board is directed at coordinating improvements in the effi ciency of police service throughout the country. The board’s general responsibilities include: administration, budget, research and planning, computer services, equipment, and general inspection. The board also reg- ulates the basic training scheme for all police districts and is responsible for the National Police College. Finally, the board administers the National Forensic Laboratory, the National Security Service, the National Criminal Investigation Department, and the Economic Crimes Secretariat.
The National Laboratory of Forensic Science provides forensic anal- ysis primarily for the police service, but also offers professional assis- tance to other government agencies and organizations. The laboratory presents forensic training courses and conducts research into the devel- opment of new forensic techniques. It also has a cooperative relationship with a number of other forensic laboratories throughout the world.
The National Security Service is also under the direct control of the National Police Board. The board acknowledges that citizens have the right to know about the existence of the unit but are not willing, for obvi- ous reasons, to explain in any detail the nature of the work. The basic purpose of the service is to collect information that affects the external and internal security of the country. As such, espionage and terrorist activities are the primary concerns of the service. Some of this work is also coordi- nated with the Swedish military and the Industrial Security Group. It also should be noted that the Security Service provides protection to govern- ment offi cials and foreign embassies and coordinates the security for state visits. Members of the service are recruited from the regular police service. They participate in an extensive training program that includes a basic training course followed by advanced training in fi rearms and driving.
The National Criminal Investigation Department (CID) is involved in the investigation and surveillance of all criminal activities that do not fall under the jurisdiction of the National Security Service or the Economic Crimes Secretariat. The National CID has essentially two responsibili- ties: (1) to investigate serious criminal activities that are either national or international in scope, such as organized crime, and (2) to provide support to local police districts in the investigation of serious crime, such as murder, drug offenses, and car-theft rings. Finally, the Economic Crimes Secretariat was established in 1998 to investigate, as its name suggests, the ever-increasing range of economic crimes.
Police Districts It was pointed out earlier that in the early 1960s Sweden was divided into 554 police districts. In 1965, efforts were initi- ated to centralize the police. One of the strategies employed to enhance the effi ciency of law enforcement was to consolidate some of the police
CHAPTER III • SWEDEN 231
districts. In 1965, 554 districts were reduced to 118. Since that time, fur- ther efforts at consolidation have continued apace. Today, the police are divided along county lines. Thus, there are 21 police districts. The police authority for each district is a local police board, and the executive of the board is the county chief of police. The chief of police and other mem- bers of the local board are appointed by the government. Although they are provided with guidelines and priorities from the National Police Board, the local board is responsible for the organization and planning of their police district. The board is also responsible for a number of person- nel issues including the establishment of an appropriate size for the force.
Each county also has an administrative board that is responsible for a host of regional and local government issues. Until recently, the county administrative board was responsible for its county police service. That is no longer the case, but the police authority is expected to keep the administrative board apprised of county-wide law enforcement issues. Ultimately, the supervision of each of the police districts rests with the National Police Board.
Each police district has the authority to establish its organizational struc- ture. In addition to administration, which would handle personnel, fi nance, public relations, and other offi ce matters, major divisions of responsibility also include public order and criminal investigation. Public order is the larg- est division and consists of uniformed patrol offi cers working a specifi c beat area and a traffi c unit. Criminal investigation is usually divided into four squads: criminal investigation, drugs, economic crimes, and forensics.
Specialized Security Agencies Throughout the industrialized world, countries have established specialized security agencies to combat specifi c forms of criminal behavior. The very nature of certain crimes lends itself to this enforcement strategy. Sweden has established several agencies that fall into this category. Customs is involved with detecting the smug- gling of drugs and illegal immigrants. The Financial Inspection Agency oversees banks and insurance companies and investigates insider trading in stocks and currencies. The Competition Agency is responsible for inves- tigating monopolistic practices or other violations of the Competition Act. The Environmental Agency, along with various county and local boards, is concerned with crimes against the environment. For the most part, these agencies are empowered to investigate the aforementioned allegations. Unlike offi cers serving in the regular police service, these offi - cers are not authorized to use force in the exercise of their duties.
Duties of the Police
In Sweden, most public-sector ventures, whether designed to address a problem or to create a new opportunity, are undertaken in cooperation
WORLD CRIMINAL JUSTICE SYSTEMS232
with two or more groups. These groups might represent governmental departments exclusively or could include public interest groups or private organizations. Irrespective of the makeup of the groups, the underlying principle is one of inclusiveness. This notion of cooperation illustrates a specifi c approach of government and instills a particular attitude for gov- ernment. This cooperative view is expressed in Section 1 of the Police Act, where it is acknowledged that police work is but “one aspect of commu- nity involvement in the promotion of justice and security.”
Section 2 of the Act lists the responsibilities that have been deferred to the police. These include the prevention of crime and public order disturbances; the preservation of public order and safety by proactive and reactive strategies; the detection and investigation of crimes falling within the domain of public prosecution; the granting of protection, information, and assistance to the public; and the performance of func- tions that are incumbent on the police by special regulations.
Section 3 illustrates that police not only have to coordinate many of their efforts with other agencies that are clearly a part of the criminal justice system, but they also must cooperate with organizations whose principal mission may be outside the justice system. This section was specifi cally designed to stress the need of police to cooperate with social welfare agencies in their work. It further assumed that other organiza- tions would reciprocate by assisting police in achieving their objectives.
The Swedish police are similar to other law enforcement personnel on the continent of Europe in that they carry fi rearms while performing many of their duties. The uniformed branch is always armed while on duty. Detectives, however, carry fi rearms only when they are sent to arrest some- one or when they are conducting an investigation. Although the Swedish police retain their powers when they are off duty, they do not carry weapons. Firearms must be stored at the police station rather than at the offi cer’s home. An offi cer who witnesses a crime while off duty is expected to inform his or her colleagues who are on duty. Although an off-duty offi cer may assist, he or she is expected to refrain from taking unnecessary risks.
The Police and the Public
Like their counterparts in other industrialized countries, the Swedish police have been faced with increases in serious crime since roughly the middle of the 1960s. Violent crime, narcotics offenses, property crime, and juvenile delinquency head the list of problems confronting the police. In reference to crime statistics, it is important to note that the method of counting criminal offenses varies among countries. In Sweden an attempted offense is counted along with completed offenses. Moreover, when multiple offenses are perpetrated on a victim during a single event, each offense is counted separately.
CHAPTER III • SWEDEN 233
During 2007, 1,306,000 crimes were reported to police. This was a 7 percent increase from 2006. Crimes against the person represented 16 percent of this total. Among these crimes, assaults represented the largest proportion, at 82,000. Of these assaults, 4,750 involved rape and 8,700 were robberies. Crimes against property represented 45 percent of the total. Of these offenses, more than 576,000 involved theft, and slightly more than 16,900 were residential burglaries. Crimes infl icting damage to property increased by 35 percent and involved a total of 179,000 offenses, which includes graffi ti crimes. Crimes against the Road Traffi c Offences Act and the Narcotics Drugs Act were at 6 percent and 5 percent, respectively (National Council for Crime Prevention, 2008).
Although on a national scale morale remains generally high among police, this is not always the case in some major cities. This is refl ected in part by the number of vacancies that exist in larger police districts, a problem that has lingered for at least the past three decades. Many vet- eran offi cers prefer to work in rural areas, where the chances of feeling alienated from the public are reduced signifi cantly. Young offi cers recruited from the countryside are then assigned to police the urban areas. Many request a transfer back to a more rural setting once they have accrued a suffi cient amount of time in the service.
Despite offi cer concerns over the public’s attitude toward them, vari- ous independent surveys conducted during the 1970s suggested that the police were favorably perceived by a majority of the public. For example, in one survey, people were asked to rate various professions in terms of trustworthiness. Although judges and physicians were ranked higher than police, law enforcement personnel were rated above teachers, attorneys, cabinet ministers, union leaders, legislators, and print and video journalists (Becker and Hjellemo, 1976). Another survey revealed that 90 percent of the respondents were of the opinion that police were helpful and dependable. Eighty percent did not think police used exces- sive force or abused their authority in the performance of their duties (Snortum, 1979).
In a more recent study comparing the public’s satisfaction with politi- cal and social institutions, police ranked at the top, with an 80 percent approval rating in 1981 and a 74 percent rating in 1990. In both surveys, the police led the educational system, legal system, and armed forces, which were the institutions that received the next highest rankings in public satisfaction (Petersson et al., 1999).
Finally, the Swedish Crime Survey for 2007 examined the public con- fi dence in the criminal justice system. Across the system there were more higher levels of confi dence than lower levels. The police received the highest levels of support, at 60 percent, and were followed by courts, at 56 percent. Only 14 percent of the participants ranked police as very low or fairly low, which was the same percentage of negative ranking achieved by courts. It was further discovered that the respondents to the survey
WORLD CRIMINAL JUSTICE SYSTEMS234
who had been threatened or exposed to violent crime had more negative experiences with police than those who were victims of other kinds of crime. Not surprisingly, men had more negative experiences than women, and older people had more positive experiences in general (Toyra and Wigerhoit, 2008). The ability of the police to retain the support of the public is attributed to a number of factors. Among them are training programs established for recruits and veterans and the crime prevention programs that have been developed throughout the country.
Recruitment and Training The National Police Board has long been noted for its attempts to improve the quality of recruitment and training for law enforcement personnel. With regard to recruitment, the board has divided the country into six regions and has assigned seven recruitment consultants who work in each of the regions. Until recently, the central government determined the number of people recruited, but this responsibility has shifted to the local police authorities, who have a better sense of their personnel needs.
Sweden has established a dual entry scheme for those aspiring to a career in law enforcement. A candidate for the position of police com- missioner must be a Swedish citizen, have a driver’s license, be in good health, and possess a bachelor of law degree. Although there are usually a signifi cant number of applicants (some being veteran police offi cers), only a small number are selected, after reference checks and employment interviews. Veteran police offi cers are usually well represented among the fi nalists for these positions.
Recruits for the position of police commissioner are sent to the National Police College at Sorentorp. For six months, they study general police duties as well as organization and management issues such as lead- ership, supervision, planning, and personnel administration. Following the completion of theoretical training, the recruit will spend the next two years acquiring practical experience within the criminal justice system. Six months are spent in a police district, followed by three months at the county level. The recruit is then assigned to a public prosecutor’s offi ce for three months, which is followed by 12 months of service at a district court. The candidate returns to the Police College for a two-month exten- sion course. The training phase is concluded with a four-month assign- ment to the National Police Board. The candidate is then prepared to command a police district but is assigned to a district as a deputy police commissioner until a vacancy occurs.
Most candidates recruited to the police service begin their careers as line offi cers. To enter the service at this level, one must be a Swedish citi- zen at least 20 years of age, have passed the National University Admission Test or completed 20 or more academic credits, possess a driver’s license, and meet the physical requirements. Additional qualifi cations that are sought include: university education, knowledge of languages and cultures,
CHAPTER III • SWEDEN 235
and work experience. It is the candidate’s personality, however, that is the central factor in the recruitment process.
The successful recruit participates in a two-and-one-half year basic training program. The fi rst two years are spent at the National Police College, where training consists of both theoretical and practical studies, with a greater emphasis placed on theory. Among the subjects presented are: general police theory, criminal law and procedure, criminology, road safety, criminal investigation, drug crimes, public disturbances, domestic violence, and young offenders. The full-time faculty consists of police instructors and various specialists in their respective disciplines. Much of the training focuses on problem-solving techniques. Thus, it is designed to improve the recruit’s independence and critical assessment skills. Recently, the course offerings for this program were enhanced by devel- oping partnerships with universities and research institutes. Once this phase of basic training is completed, the candidate begins six months of in-service training in a police district.
The National Police College also offers advanced police courses and courses for those offi cers aspiring to middle-management positions. Other specialized courses are offered throughout the country at select training centers. For example, various kinds of motor vehicle training, ranging from motorcycles to helicopters, are conducted at the Swedish Army Driving School. Some continuing training is also conducted at the district level and includes physical training and the use of service weapons.
It should be interjected at this point that women are eligible to serve in police forces. Unfortunately, they have suffered from many of the same skeptical attitudes that have confronted their counterparts in other parts of the world. Although their initial training and probationary period was the same as the male recruits, they were often assigned to be plain- clothes detectives working as social and juvenile offi cers. These barriers are being removed as greater assurances are offered for equitable treatment and opportunities. Attempts are also under way to diversify the police service by recruiting more ethnic minorities.
Crime Prevention Programs The National Police Board has been active in establishing crime prevention programs, often in conjunc- tion with the National Council for Crime Prevention. These strategies serve a dual purpose. They are principally designed either to curb a spe- cifi c type of deviant behavior or to reduce crime in general. They also provide the police with an excellent opportunity to improve their public image with the citizenry. What follows are some of the crime prevention strategies employed in Sweden.
Crime prevention has been a long-standing feature of Swedish polic- ing. Before it became fashionable in other parts of the world, each police district had at least one crime prevention offi cer. Although their primary responsibility was directed at residential burglaries, they were also involved
WORLD CRIMINAL JUSTICE SYSTEMS236
with other types of crime, such as consumer fraud. In addition to advising homeowners about security measures, crime prevention offi cers consulted businesses about crime prevention techniques. The crime prevention offi - cer was also involved with conducting classes on crime prevention for other offi cers in the district.
The block or neighborhood police offi cer scheme was established in 1959. Neighborhood police offi cers work out of informal storefront offi ces or apartment complexes. They interact with people in the neigh- borhood by walking a beat and distributing crime prevention literature from their offi ces. Because they are familiar with the neighborhood and its people, these offi cers are in an excellent position to establish close bonds with the immediate community. In addition to assuring that the law is enforced and that order is maintained throughout the neighbor- hood, the block offi cer also serves as a useful communications channel to police headquarters, city hall, or social service agencies when citizens have complaints or problems.
This position requires a long-term commitment by offi cers who are interested in specializing in this type of generalist work. This endeavor appears to work in many communities, but in larger cities, such as Stockholm and Malmö, it apparently is not as successful. One explana- tion is that larger cities tend to be policed by young recruits from the countryside. As such, their goal is to accumulate enough time to warrant a transfer back to a rural county force. Thus, a serious commitment to community policing in an urban setting is lacking to some extent in these young offi cers (Skolnick and Bayley, 1988).
Another type of crime prevention program was initiated in the early 1970s. It was specifi cally designed to improve the maintenance of public order in Sweden. Its implementation was a direct result of the urban dis- orders that plagued a number of European cities in the 1970s. The major difference between this program and other crime prevention measures is that it has the force of law. The Riksdag voted 288 to 16 to enact the Temporary Custody Act in 1973. The intent of this legislation is cited in Section 3. It states:
He who, through his activities, disturbs the public order or constitutes an immediate danger for such shall be detained by a police offi cer, if it is necessary for the maintenance of order. Such detention shall also occur when it is needed to ward off a prosecutable offense.
With this legislation, the police have the authority to detain for up to six hours any person who is disrupting the public order and who is con- sidered an immediate danger to the community. The person, however, is not subject to any legal consequences, nor is their name placed in offi cial registers. This is clearly an example of a proactive crime prevention strat- egy that has the force of law.
CHAPTER III • SWEDEN 237
Advocates of a continued reform of Sweden’s justice system voiced some criticism of this law, focusing their concerns on three questions: (1) To what extent does this law serve a crime prevention role? (2) Is it a serious attack on one’s human rights? (3) And is there adequate concern, either explicit or implicit, for the welfare of the person detained?
Eckart Kuhlhorn conducted an evaluation of the Temporary Custody Act (Knutsson, Kuhlhorn, and Reiss, 1979; Kuhlhorn, 1978). The study revealed that of all the people detained each year by police, only a small percentage are held as a result of this legislation. When detention was used, detainees were accused of active disturbances of the peace, such as violence, assaults, threats of violence, or loud noise in 67 percent of the cases. Gang behavior was responsible for 30 percent of the detentions, while confl icts with police were responsible for the remaining 3 percent. Kuhlhorn discovered that detainees were under the infl uence of alcohol or other drugs in approximately 66 percent of the cases, that the public had summoned police in 33 percent of the incidents, and that police attempted to resolve the problem without invoking the act in 60 percent of the cases.
Some critics were also concerned that police might use the legislation to curb political demonstrations, but Kuhlhorn’s study found no evidence to support such a charge. Approximately 66 percent of those detained had been convicted of a serious crime in the past fi ve years. These crimes often involved the use of violence in which alcohol or other drugs played a role.
The purpose of the Temporary Custody Act is to prevent through detention the commission of a criminal act. Kuhlhorn contends that every fi fth detention prevented the continuance of a violent activity in a high- crime area. The act appears to help restrict criminal activity in high-crime areas. Finally, although only 6 percent of those detained were contacted by a social service agency, it is believed that this can be attributed to the fact that 60 percent of the people were already under some kind of social care. The use of the Temporary Custody Act will continue as long as the public remains concerned about the growth of violence and gang activity, especially in urban centers. Proponents of this legislation were given fur- ther assurances of its credibility when key provisions of the act were incorporated (at Sections 11 through 18) into the Police Act 1992.
In the late 1970s, Operation Identifi cation was introduced with the hope of reducing residential burglaries. Two features differentiate the Swedish scheme from those introduced in the United States. In Sweden, all people use their identifi cation number, received at birth by each citi- zen, for purposes of identifying their property. Each item is then recorded on the national police computer, along with the owner’s identifi cation number and the item’s registration number.
Shortly after this scheme was made operational, one report suggested that police had improved their ability to return stolen property to the
WORLD CRIMINAL JUSTICE SYSTEMS238
rightful owner (Snortum, 1983). Another study, however, attempted to evaluate the success of Operation Identifi cation. It concluded that no crime prevention effect could be found with the scheme. It also pointed out that some items that are particularly attractive to burglars, such as jewelry and silver, are often too small to mark (Knutsson, 1984).
Since 1975, Sweden has had a policy of establishing random roadside police checks for drunk driving. One study conducted to test the merits of such checks found that of the 1,182,482 breath analysis samples col- lected, less than 1 percent showed violations of Sweden’s drunk driving laws (Snortum, 1983). Other researchers have argued that this study, along with other data, suggests Sweden’s drunk driving laws are effective (Shapiro and Votey, 1986).
The laws in question obviously relate to the possible sanctions involved. For fi rst-time offenders with a blood alcohol level of 1.5 or more per thousand grams of blood, a one-month prison sentence is authorized. A second offense within three years calls for a two-month prison sentence. Later in this chapter it will be noted that Sweden’s over- all correctional policy tends either to limit or to avoid incarceration for most offenders. Those found with blood alcohol levels between .05 and .15 receive signifi cant fi nes. The fi ne is the common method of sanction- ing in Sweden. In addition, an offender with a blood alcohol level in excess of .08 may have his or her license suspended for one year.
In 1999, legislation was introduced to cover driving under the infl u- ence of drugs that can impair a person’s ability to drive. This legislation also established two categories of “drink-driving”; in this context, drink- driving means under the infl uence of either alcohol or other drugs. The fi rst category is called the offense of drink-driving, which can lead to either a fi ne or imprisonment of up to six months. The second category is gross drink-driving and is reserved for those offenders who are deemed seriously intoxicated. This category can lead to a term of imprisonment for up to two years. It is interesting to note that sanctions of either impris- onment or fi ne are decided by a district court, which is part of the regular court system of Sweden. However, a suspension of a driver’s license is handled in a regional administrative court. The distinctions between reg- ular courts and administrative courts are explained in the next section on the judiciary. In addition, the crime prevention strategy of random road- side checks may serve to disprove a common perception that Sweden is a fairly permissive society. This perception is based in part on the country’s liberal social welfare policies. Admittedly, this liberal philosophy often comes into play within the justice system at the treatment phase, but that does not mean the country is without fairly strict laws and methods of enforcement.
In each of the aforementioned crime prevention strategies, the police have a central role to play in the development, implementation, and maintenance of the strategies. Recently, there has been a conscious effort
CHAPTER III • SWEDEN 239
to revise this approach by removing part of this exclusive burden from the police. Part of the reason for this change was the recognition that crime has continued to increase, despite the efforts of the police. For example, there has been a 500 percent increase in crime from 1950 to 1995 (Ministry of Justice, 1997b). What is particularly troubling is that the increases have included the serious categories of assault, robbery, theft, and drug abuse.
As was mentioned earlier, the country embarked on a national crime prevention program in 1996 that is based on the following premises. First, the government is ultimately responsible for crime policy. Second, crime policy should not be exclusively limited to crime issues but rather be inclusive of the social problems that are often associated with crime. Third, the causes of crime must be addressed where the problems exist, which is at the local level. Finally, a successful crime prevention strategy requires not only a commitment from the general public but also active citizen involvement in the effort.
A central feature of the crime prevention strategy is the adoption of a collaborative model to address the problem. The collaborative model is multifaceted and a truly system-wide endeavor. It seeks greater coopera- tion among agencies of the criminal justice system, in particular police, prosecutors, and juvenile justice. It attempts to establish an ongoing interaction among criminal justice agencies and other public- and pri- vate-sector groups. These groups include: welfare authorities, housing authorities, nursery schools, elementary and high schools, leisure centers for children, the business community, and residential neighborhoods.
The program has three goals: (1) to reduce opportunities for crime, (2) to reduce recruitment to criminal lifestyles, and (3) to reduce the criminal activity of persistent offenders. It is the responsibility of local crime prevention councils to develop plans to address these goals. It should be pointed out that the local crime prevention councils include a cross section of the community from the private- and public-sector groups. The specifi c crime prevention plans that a council identifi es are expected to address one of four basic objectives: (1) make it more diffi - cult to commit crime, (2) increase the risk of detection, (3) reduce the rewards of crime, or (4) make the justifi cation of crime more diffi cult. From the perspective of the police, what has emerged from this govern- ment initiative is a renewed commitment to community policing with a specifi c focus on problem-oriented policing.
The National Council for Crime Prevention (NCCP) is available to sup- port these local efforts throughout the country. The NCCP has been given four specifi c tasks. First, it is expected to stimulate local crime prevention efforts by assisting with basic issues of organization. Second, the NCCP will provide information on crime prevention. Third, it will facilitate or secure any training needs. Finally, it will monitor and evaluate a selection of these local crime prevention projects (Ministry of Justice, 1997b).
WORLD CRIMINAL JUSTICE SYSTEMS240
The emphasis placed on the importance of local crime prevention efforts has the support of local communities. As of 2000, 175 of Sweden’s 289 municipalities had established a local crime prevention council. The NCCP facilitated these efforts by developing a “best practices” approach to organizing and integrating a crime prevention council in local com- munities. The Council has provided additional literature that is designed to target specifi c crime prevention issues. These include: assessing local problems, describing more than 30 different crime prevention projects, evaluating projects, mapping and crime prevention, neighborhood watch, the role of schools in reducing antisocial behavior, prevention of violence against women, and parental activities at the local level.
It also should be noted that Sweden has approximately 10,000 licensed security guards. The training of these guards is arranged through the local police. Some police authorities have the guards assemble at the local police station before their shift in order to update them on signifi - cant events. Other authorities have the guards prepare brief written reports on the state of security in their particular area.
The police also have devised some crime prevention programs specifi - cally designed to meet the needs of young people. That subject is dis- cussed in the section on juvenile justice.
JUDICIARY Early in its history, Sweden’s administration of justice was indepen-
dent of royal authority. It was noted for being carried out at the grass- roots level. Local custom remained the principal law in Sweden for resolving disputes until the sixteenth century. Throughout this period, Sweden was divided into districts called lands. Each land retained legisla- tive and judicial powers over its territory. Within each land there was a local assembly called a ting, which was responsible for passing legislation and enforcing the customs of the district.
The principal administrative offi cer of a land was the lawman, who was learned in the customary law of the district. Throughout much of Europe, the people who were usually knowledgeable in law were mem- bers of the clergy (because they could read and write) or the wealthiest landowners in a territory (because of the economic power they wielded). This was not the case in Sweden, however. The lawman could be anyone in a community who understood the customary law and who had gained the trust of the electorate.
During the medieval period, some Swedish kings attempted to unify the law and the administration of justice. The method of codifi cation was employed to establish a law that could be enforced throughout the country. Attempts at codifi cation will be discussed later in the section on the law.
CHAPTER III • SWEDEN 241
Efforts to unify the administration of justice were illustrated by attempts to centralize the courts. This was initiated by King Erik of Pomerania when he attempted to replace the tings with a royal court. According to his decree, which was handed down in 1413, judges would be appointed by the king and would sit with lawmen to hear cases. The court would also have appel- late jurisdiction over the land-tings. Later, lower courts and an intermediate appellate court would be introduced. The king, however, was unable to gain the support of the people for this scheme.
It was not until the seventeenth century that King Gustavus II Adolphus (1611–1632) succeeded in centralizing the courts. He estab- lished a fi nal court of appeals, the Svea Hoffratt; an intermediate appel- late court, the Hoffratt; and general trial courts, Radstuguratt. As a result of these changes, the judge and namnd (a body of 12 citizens responsible for investigating pertinent facts in a case) would settle judicial disputes independently. Their decisions were no longer subject to the ratifi cation of the ting. Gustavus Adolphus also had legislative authority transferred to the National Assembly, which was composed of nobles, clergy, prop- erty owners, and townspeople. Thus, the power and authority of the land-tings ceased to exist by the seventeenth century.
Although Sweden was the fi rst Scandinavian country to establish a distinct legal profession, its development lagged behind that of many other European countries. Like other countries on the continent, the emergence of a legal profession was associated with a university educa- tion. The University of Uppsala was the fi rst university established in Sweden. Before Uppsala was founded in 1477, Swedish students had to journey to continental universities. Because Uppsala did not have a law school, the universities at Paris, Leipzig, and Prague tended to attract Sweden’s law students. While studying abroad, these students were intro- duced to the Romano-Germanic tradition.
Gustavus Adolphus’s efforts to promote legal studies were realized in 1620 when a law school was established at Uppsala. For a number of years, Uppsala employed only one law professor, but the school eventu- ally established a chair in Roman law in 1657. From its inception, the law school produced graduates who sought careers in government ser- vice, and this tradition has continued to this day. Another Swedish tradi- tion also has been maintained: a person does not have to have the qualifi cations of a lawyer to represent people in court.
Organization and Administration of the Courts
Sweden has a three-tiered court hierarchy that is responsible for han- dling civil and criminal litigation. The Code of Judicial Procedure explains
WORLD CRIMINAL JUSTICE SYSTEMS242
the organization and functions of these courts. Figure 3.2 illustrates the organization of Sweden’s general courts. Before the general court system is described, it is important to mention briefl y the role of a few govern- ment units that have a role to play in either the management or work of the courts and also to explain the purpose of the administrative courts.
National Courts Administration It was pointed out earlier that the Ministry of Justice is the cabinet-level department in the govern- ment that is responsible for the judiciary. In addition, it was mentioned that cabinet ministries are primarily concerned with the initiation of legislation in the Riksdag. The actual day-to-day coordination of gov- ernment is the responsibility of central administration. With regard to courts, that responsibility falls to the National Courts Administration. Specifi cally, the administrative responsibilities include general courts, administrative courts, various tribunals, and the National Legal Aid Authority. It also coordinates training programs and is the source for information about the judiciary.
Figure 3.2
ORGANIZATION OF THE GENERAL COURTS
The Supreme Court
Courts of Appeal
District Courts
The Chancellor of Justice The Chancellor of Justice is the chief legal advisor to the cabinet and represents the state in civil litigation. The Chancellor also has an oversight responsibility. Attention was directed earlier at the role of the Offi ce of the Parliamentary Ombudsman and its role in providing oversight of government bureaucracy in order to curb or prevent abuse. As mentioned, that offi ce is accountable to the Riksdag, which created the position. The Chancellor of Justice provides a similar role to that of the ombudsman; in fact, the offi ce utilizes many of the procedures followed by the ombudsman. One of the principal differences between the two is that the Chancellor of Justice is accountable to the government rather than to the Riksdag. The Chancellor provides an oversight function that is designed to ensure that offi cials of the govern- ment are in compliance with government regulations. Two of the more noteworthy pieces of legislation that it has a particular responsibility for are the Freedom of the Press Act and the Fundamental Laws on Freedom of Expression. These are two of the four pieces of legislation that make up the fundamental law, or constitutional law, of the country.
CHAPTER III • SWEDEN 243
The Law Council The power of judicial review is one of the prin- cipal responsibilities of the U.S. Supreme Court. In Sweden, this type of review is not practiced because it is believed that the independent status of courts could be compromised. Swedish constitutional law has estab- lished the Law Council, which is composed of judges from the Supreme Court and the Supreme Administrative Court. The Law Council has the responsibility of reviewing bills presented to the Riksdag to assure that they do not violate constitutional law. Thus, before a bill becomes law, its constitutionality has already been carefully scrutinized. A panel of three justices usually provides an opinion, but it is important to note that the government is not required to adhere to the Council’s opinion. Any grievance that questions the constitutionality of a law after it has been enacted is directed to an administrative tribunal or to an ombudsman.
Administrative Courts Administrative law involves matters of constitutional and political importance to the Swedish system of govern- ment Because issues of this kind have been deemed nonappealable through the general court hierarchy, a separate court system was estab- lished to handle such matters. This method of having judicial arbitrators, who are divorced from the general courts but responsible for controlling the government bureaucracy, is common in many European countries. In Sweden, administrative tribunals at the county level are responsible for adjudicating decisions of the local and county authorities. Some of these decisions can be appealed to one of the four fi scal courts of appeal, which are located in the country’s principal cities. The highest administrative court is the Supreme Administrative Court; it hears only those cases that involve possible precedent-setting issues.
General Courts The judicial bodies that are a key component of Sweden’s criminal justice system are collectively referred to as general courts. As is true in other countries, the judges of these courts occupy an important position and make a signifi cant contribution to the political system of their country. It has been suggested, however, that their politi- cal role is not as pronounced as it is in other countries, such as the United States. The extent to which these judges are able to maintain their judi- cial independence from the political system is based on three factors: (1) judges are not appointed to the bench based on past political associa- tions or favors; (2) they do not rule on administrative matters, for that is the province of administrative tribunals; and (3) there is no tradition of judicial review, as those types of issues already have been anticipated and generally resolved by the Law Council. Thus, these judges are left with the responsibility of handling civil and criminal litigation.
The Supreme Court Established in 1789, the Supreme Court is composed of at least 16 permanent justices. The cabinet appoints one of the justices to serve as president of the court. The court’s jurisdiction is
WORLD CRIMINAL JUSTICE SYSTEMS244
primarily limited to hearing appeals against decisions handed down in one of the courts of appeal. The court carefully scrutinizes the kinds of cases that it will hear, and generally accepts for review only those cases that may establish a precedent. There is an exception to this rule in that cases brought by the Director of Public Prosecutions will automatically be reviewed. In other instances, the decision to accept or reject a request for appeal is made by a panel of three justices. If the request is approved, usually fi ve justices (but no more than seven) sit to hear the appeal. If during the course of a hearing a majority of the justices are inclined to overturn a legal principle previously established by the court, the justices may decide that the case should be heard by either the entire court or at least nine members. One might get the impression that the Swedish legal system adheres to the prin- ciple of stare decisis. That is not the case, however. Judges in Sweden apply the law as they interpret it; they are not obliged to follow precedent. While judges do appreciate the value of consistency and show deference to the Supreme Court’s previous judgments, they are not bound by them.
Courts of Appeal There are six courts of appeal, and each is given a territorial jurisdiction as determined by the cabinet. These courts hear appeals from district courts. They also have limited powers to serve as courts of fi rst instance in special cases. The courts are divided into two or more divisions. Civil matters are determined by fi ve judges, whereas criminal appeals are heard by three judges and two lay judges (or lay assessors). The role of lay judges will be explained later in this section. Although each court handles most of the appeals from the city in which it is located, it may hold sessions in other locations within its circuit if the circumstances warrant it. The cabinet also can require a court of appeal to hold a session in another place within its circuit at specifi c times throughout the year.
District Courts The district courts are the principal courts of fi rst instance in the Swedish court hierarchy. They handle about 95 percent of all litigation in the country. The cabinet determines how many district courts are needed to serve the country; currently there are 53. Each court is presided over by a chief judge and several assistant judges. The court may also be divided into divisions. The number of judges hearing a civil case may range between one and three. The number is dependent on the nature of the case, the degree of diffi culty, and, in some cases, the agree- ment of the parties to the dispute. Criminal cases are handled by one judge and a panel of three lay judges. Cases of minor importance are heard by a single judge. If the legal issue involves a technical matter, the bench is composed of judges and technical experts. This is common in cases involving real estate.
Special Courts Although courts are essentially organized into the two categories of general or administrative courts, there are some
CHAPTER III • SWEDEN 245
additional courts that are detached from these categories and specialize in a very narrow branch of law. For example, the Labor Court handles all labor issues and has both original and appellate jurisdiction. A labor court includes at least seven people. The chairman and deputy chairman must be trained in law, while a third member does not have to be trained in law but must have expertise in labor market conditions. The other members of the court do not have to be trained in law; they include two people recommended by the employers’ organization and two people recommended by the employees’ organization.
Other special courts include the Market Court, which handles dis- putes about restraints on trade and marketing practices. The chair of this court is a legally trained judge, while the other members represent busi- ness, employee, and consumer interests. There is also a Housing Court as well as Rent and Leasehold Tribunals that are composed of some judges trained in law, while others represent landlord and tenant interests. In 1999, the enactment of an Environmental Code called for the establish- ment of Environmental Courts. Usually, this court is composed of a legally trained judge, an environmental advisor, and two environmental experts. One expert has experience in environmental protection, while the other has been involved with industrial or municipal organizations. The existence of these special courts is another illustration of how and why Sweden is noted for its highly stable social system. The composition of the bench for these courts is obviously an attempt to assure that compromises are sought and a consensus is achieved.
The Legal Profession
Once law students complete their legal studies at a law school, they choose a career path of either judge, prosecutor, or private counsel. Thus, the legal profession is divided into three distinct groups: judges, public prosecutors, and attorneys. Members of each group have been profes- sionally trained in law. Although lay judges serve an important purpose in the judicial process, they are distinct from the legal profession.
Judges Judges represent a separate tier in the legal profession. They follow a tradition, long established in European countries, that has been infl uenced by the Romano-Germanic legal tradition. Graduates of a law school who have received a master of law degree and aspire to careers on the bench apply to the Ministry of Justice. If accepted, about 30 percent are successful, they begin their career in the judicial civil service with an assignment to one of the courts. Their principal duties are to assist judges in preparing to hear cases and to serve as court clerks. This period of training usually lasts two years. Once the training is completed and the candidates pass the appropriate test qualifying them for service on the
WORLD CRIMINAL JUSTICE SYSTEMS246
bench, candidates are assigned to one of the district courts. At this point, the person is not considered a permanent judge. He or she is given a broad range of judicial assignments that can last up to eight years. Once a person secures one of the permanent judicial positions, the cabinet determines judicial appointments and promotions based on merit.
Judges who wish to serve at the appellate level usually must wait until they have accrued approximately 20 years of service. Supreme Court justices are generally selected from the ranks of the appellate judges. Occasionally, a law professor or a distinguished attorney is selected to serve on the high court.
Although the Swedish legal system has retained a number of charac- teristics that are indigenous to Sweden and its ancient legal tradition, it is nevertheless part of the Romano-Germanic family. That tradition started in the middle ages when students journeyed to France and Germany to acquire their legal education. This subsided somewhat during the seven- teenth and eighteenth centuries but was renewed during the nineteenth century, when Swedish legal scholars were infl uenced by French and German legal thought.
Today, the method of judicial interpretation has been characterized as a mixture of that which was practiced in France and Germany and then in England and the United States. A good deal of importance is placed on statutory law, but the Swedes have not tried to establish an all- encompassing legal code, which is a characteristic of France and Germany. They do appreciate the signifi cance of precedent, but Swedish judges are not bound by precedent. Thus, they do not rely upon judge-made law to the same extent as England or the United States. The Swedish judge applies the law based on his or her interpretation.
Public Prosecutors The organization of public prosecutors is under the administration of the Ministry of Justice. At the top of the administrative hierarchy is the Prosecutor-General, the individual directly responsible for the prosecutorial system. Appointed by the cabinet, the Prosecutor-General has the specifi c duty of prosecuting cases before the Supreme Court and is also responsible for initiating actions in lower courts when the accused is a civil servant, judge, or military commander who allegedly has violated the public trust. The most obvious grounds for such action would be charges of bribery.
The country is further divided into 43 local offi ces, which are admin- istered by a chief district prosecutor. Among these offi ces, 35 are general public prosecution offi ces, while six deal with international cases. The remaining two are national prosecution offi ces: one deals with anti- corruption, and the other focuses on allegations of crime among police offi cers. It should be further noted that there is a special prosecutorial department, the Swedish National Economic Crimes Bureau, which deals with all matters associated with white-collar crime.
CHAPTER III • SWEDEN 247
State prosecutors are responsible for public prosecutions within their district. They are actively involved in the preliminary investigation of cases, especially cases that are considered serious. Prosecutors decide whether to charge the accused and conduct any subsequent prosecution before the court. Thus, the prosecutor is afforded a good deal of power in the administration of justice. It should be noted that in cases involving young offenders the prosecutor may waive the proceedings and permit a local board to address the issue with the objective of developing a pro- gram of rehabilitation. Although most prosecutions are instituted by a prosecutor’s offi ce, the Code of Judicial Procedure permits injured par- ties to initiate prosecutions by applying to a court for a summons against the accused.
Graduates of law school who have received a master of law degree and aspire to prosecutorial careers apply to the Ministry of Justice. Once a candidate is accepted, the person begins a two-and-one-half-year train- ing period. Part of the time is spent working in district offi ces of prosecu- tors. The rest of the training is spent with the police—especially the detective division—because one of the responsibilities of the Swedish prosecutor is to direct police in the preliminary investigation of alleged crimes. After this practical training is completed, the candidate attends a special prosecutors’ course. The candidate is then prepared to begin a career as a prosecutor with civil service status.
Attorneys In Sweden, the accused is not required to employ an attorney for his or her defense. The accused may choose to defend him- self or herself or select someone who is not trained in the law to represent his or her interests. This tradition is being phased out, however, as more people are either hiring an attorney or requesting that the court appoint one. When a court is asked to appoint a public defender, that person must be a member of the Swedish Bar Association. Compared with other countries, the number of attorneys in private practice is small. Approximately one-half of the attorneys in practice are members of a law fi rm. The size of the fi rms are also small, ranging between two and fi ve members. The work of attorneys in Sweden is similar to that of law- yers in the United States in that they provide a variety of services. They have the responsibility of drawing up legal documents, advising clients, and representing them in court. Attorneys are not restricted with regard to where they plead cases; they can practice before any court in the country.
Attorneys gain admittance to the Swedish Bar Association after they have received a master of law degree and have practiced law with merit for at least fi ve years. A board exists within this association that super- vises members and has the authority to disqualify an attorney from prac- ticing law. The Code of Judicial Procedure also has mandated to the attorney general the authority to request that the board take action
WORLD CRIMINAL JUSTICE SYSTEMS248
against any attorney who has been negligent in his or her duties. Attorneys’ fees are not monitored by an offi cial schedule, but there are general rules regulating fees to assure that compensation is not unreasonable.
Lay Judges
The terms “lay judges,” “lay assessors,” “namnd,” and “jurors” have been used synonymously to describe a component of Sweden’s judi- cial system dating back to the medieval period. In order to reduce the likelihood of confusing the issue, this component will be referred to as lay judges. As was mentioned earlier in this section, lay judges had emerged by the thirteenth century as an important feature in Sweden’s administration of justice. At that time, both parties to a suit selected six people to serve as lay judges. The lay judges would then collect the facts that were pertinent to the case. In conjunction with the lawman, the lay judges would decide the case based on their investigation of the facts and the oral testimony of the parties involved.
Although lawmen were replaced by professional judges in the seven- teenth century, the role of lay judges was retained. Originally, lay judges were viewed as a check on royal authority in the context of the adminis- tration of justice, because the king had the power to appoint judges. Today, lay judges are viewed as an important feature of the democratic political system. This rationale is often given for the jury system in countries that ascribe to democratic principles.
While lay judges have one thing in common with Anglo-American and continental juries (that is, assuring civilian participation in the administration of justice), it is important to stress the fact that the Swedish scheme has a number of distinct characteristics setting it apart from both the common law and civil law jury systems. For example, lay judges are elected to serve in either a district court or one of the courts of appeal. Members of a municipal council select people to serve at the district level, while county council representatives elect people to serve in the appellate courts. Lay judges serve a four-year term, but they usually sit in court for only 10 days out of a year. Because the position of lay judge is renewable, some have served a number of years and have become quite knowledgeable in the law. Lay judges are not paid a salary, but they do receive a per diem allowance.
To be eligible to serve as a lay judge, one must be a Swedish citizen and under the age of 70. A person cannot refuse the appointment unless they have reached the age of 60 or have a valid excuse. Although the usual term of service is four years, a person can resign following the completion of his or her second year. The Code of Judicial Procedure also has identifi ed certain categories of people who are excluded from
CHAPTER III • SWEDEN 249
participation. They are: judges, court offi cers and employees, public prosecutors, police, attorneys, and any others professionally engaged in judicial proceedings.
In district courts, lay judges are used in serious criminal cases and cases involving family matters. The bench is composed of one profes- sional judge and three lay judges. In criminal matters, the entire bench decides issues of law and fact and imposes an appropriate sanction. Although it is rare, a majority of lay judges can prevail over the opinion of the professional judge. The courts of appeal use lay judges when hear- ing criminal cases. In the appellate courts, the bench is composed of three professional judges and two lay judges.
Lay judges can be disqualifi ed from hearing a case. This usually occurs under one of fi ve circumstances: (1) a lay judge or a relative has a special interest in the case by which they stand to gain from the outcome of the trial; (2) a lay judge is related to one of the parties in the case; (3) there is an adversarial relationship between one of the parties and a lay judge; (4) a lay judge already has been involved in the case but in a different context; or (5) the circumstances are such that a lay judge is unlikely to be impartial if permitted to hear the case. If a lay judge is disqualifi ed from a case or fails to attend the session and no other lay judge is available, the professional judge can substitute anyone in the municipality or county who is eligible for election.
The effectiveness of this system of lay participation is dependent on the professional judge’s ability to be patient and tolerant of the questions that are put by lay judges. Such questions frequently involve points of law. Lay judges generally respect the opinions of the professional judges with whom they work. Thus, the professional judge tends to infl uence the outcome of the trial.
Legal Education
Sweden’s system of legal education resembles more closely the approach established on the continent of Europe than that which has evolved in England or the United States. Sweden has fi ve law schools, which are located at the Universities of Uppsala, Lund, Stockholm, Göteborg, and Umeå. All were founded by the government, and the government remains the principal employer of many of the graduates.
Depending upon the pace with which the student wishes to proceed, a law student will spend four to fi ve years pursuing the degree. The two principal areas of study are civil law and public law. Civil law consists of such subjects as contracts, torts, property, estates, criminal law and pro- cedure, commercial law, and civil procedure. Public law includes consti- tutional law, administrative law, and fi nance and taxation. The mode of
WORLD CRIMINAL JUSTICE SYSTEMS250
instruction is theoretical in nature and is not designed to enhance the student’s ability to master the mechanical aspects of practicing law. Moreover, emphasis is placed primarily on studying the codes and stat- utes rather than case law because the doctrine of stare decisis is not appli- cable. Examinations for the courses may be taken any time a student feels ready to be tested on the material. Law schools do not administer a comprehensive examination to degree candidates; nor do graduates take a bar examination in order to practice law.
The number of law professors in Sweden is extremely small: approxi- mately 100 people who teach law at the fi ve schools. They are selected on the basis of their scholarly accomplishments and must hold a doctorate in law. In addition to teaching and individual scholarly pursuits, law professors often assist in drafting legislation and serve as advisors to various committees of the Riksdag.
LAW Throughout the twentieth century, Scandinavian legal scholars have
debated the issue of whether their law should be distinguished as a dis- tinct legal family like the Romano-Germanic law and the common law. Central to this discussion is the extent to which Scandinavian law was infl uenced by Roman law in its development. At the turn of the twentieth century, many Scandinavian scholars rejected the contention that Roman law played a signifi cant role in the evolution of their legal system. They were almost as vehement in their arguments as were the late nineteenth- century English scholars who advanced the unique and indigenous quali- ties of England’s common law. Advocates of a separate Scandinavian family thesis suggested that Scandinavian law was markedly different in content from that which emerged on the continent of Europe.
Today, these arguments have been amended considerably. A number of Scandinavian legal scholars contend that their legal system is indeed part of the Romano-Germanic family. The basis for this contention is that the unity of the Romano-Germanic family is found in the formal techniques of the law rather than in its specifi c content. In support of this view, Jacob Sundberg (1969) cited two basic factors that have character- ized the evolution of Romano-Germanic law. One is the conscious attempt to establish a simple and consistent approach to law through what Sundberg refers to as a conceptual apparatus. This apparatus includes the importance placed on codifying the law. Scandinavian coun- tries had a long tradition of codifi cation, dating back to the early Middle Ages when the development of provincial codes was largely based on customary law. Although the customary law may have been indigenously created, one can assume that law students who went to the continent to
CHAPTER III • SWEDEN 251
study Roman law must have brought back ideas to augment their exist- ing system—especially if the customary law did not provide a resolution for all disputes.
During the early modern period, Scandinavian monarchs established national codes. Sweden developed its fi rst national code in 1734 and has been revising it ever since. Admittedly, Sweden’s codes are not as system- atic as what one fi nds among other continental codes. Nevertheless, revi- sions of the codes were infl uenced by French and German legal thought during the nineteenth and early twentieth centuries, respectively. Moreover, convincing arguments have been offered for the reception of Roman law during the seventeenth century. For example, it has been sug- gested that Roman law was being used by the Svea Court of Appeals to settle commercial disputes (Jagerskiold, 1967). Thus, there is a strong case for the existence of Roman law infl uences since the early modern era, with the possibility that they extend even further back in time.
The other factor that Sundberg cited as characteristic of the evolution of Romano-Germanic law is the fact that medieval universities were founded largely by monarchs who viewed these institutions as training academies for civil servants. It follows that the legal process and, in par- ticular, the legal education taught at these institutions were viewed as instruments by which the monarch could enhance the ability to govern. The close relationship of the legal profession to the executive branch of government has long been ingrained in Scandinavian countries. For example, Swedish judges are reluctant to interfere with the work of the legislature or the executive. They view themselves as civil servants whose responsibility is to carry out the politics of the ruling majority rather than developing their own particular point of view. Thus, although the content of the law may vary from country to country, it is the technique that unites those countries claiming membership in the Romano-Germanic family.
Criminal Law
Sweden’s criminal justice system is regulated by legislation estab- lished by the Riksdag. The principal legislative enactments are found in the Code of Judicial Procedure, which explains the procedures for enforc- ing the criminal law, and the Penal Code, which identifi es the various types of crimes and appropriate sanctions. Offenses are not categorized as felonies or misdemeanors, and all crimes are not listed in the Penal Code. There are a number of offenses that are described in separate stat- utes, including traffi c offenses and narcotics violations.
Because Sweden has refrained from the large-scale codifi cation that is common among other European countries, there is room for judicial
WORLD CRIMINAL JUSTICE SYSTEMS252
interpretation. This has traditionally been viewed as a feature of the com- mon law family. Thus, despite the fact that Sweden is considered a mem- ber of the Romano-Germanic family, the judiciary has a limited, although important, role in interpreting legislation. This has resulted in some scholars suggesting that Sweden’s legal system occupies a halfway point between continental and Anglo-American legal systems.
The most important source of criminal law is the Penal Code. The current code came into force in 1965 and has been subjected to a number of revisions. The code is divided into three parts. The fi rst part contains general provisions that are designed to explain the extent to which the criminal law may be applied. For example, a criminal act does not exist unless intent was established at the time of the act. Issues of intent and negligence are considered to be elements of a crime, but they are not defi ned in the Penal Code. It is the responsibility of the court to offer a conceptual defi nition as it applies to a particular case. While Sweden’s criminal law does not distinguish offenses as felonies and misdemeanors, the law does make distinctions between punishments (imprisonment and fi ne), penal measures (conditional sentence, probation, and surrender for special care), and other legal consequences (forfeiture of property or lia- bility for damages).
The second part of the Penal Code consists of a listing of many of the major crimes and the specifi c elements that constitute each offense. The type of sanction that may be imposed is also cited. The offenses listed in the code are divided into several categories, including: crimes against life and health; crimes against liberty and peace; theft, robbery, and other crimes of stealing; crimes against public order; and crimes against the security of the realm. It should be noted that Sweden does not have a separate military criminal code. Thus, the Penal Code includes a chapter devoted to crimes by members of the armed services. Finally, the third part of the code is concerned with principles for assessing sanctions. This includes the choice, limitations, and remission of sanctions.
Criminal Procedure
For our purposes, the examination of Sweden’s criminal procedure is divided into two categories. The fi rst involves the pretrial process, which includes an examination of police powers and other issues pertinent to the preliminary investigation. The second category is concerned with the trial process, which consists of the main hearing as well as appellate reviews. Sweden’s Code of Judicial Procedure is the legal document that explains all of the aforementioned procedures. This code is not limited to criminal procedures, however. Procedural issues involving civil cases are also presented.
CHAPTER III • SWEDEN 253
Preliminary Investigation Once it has been determined that a crime has been committed, a preliminary investigation is undertaken to determine who committed the act or who can be reasonably suspected of being involved in the crime. The principle of mandatory prosecution prevails throughout an investigation. This means that the authorities have a legal duty to prosecute anyone whose guilt has been substantially established. Preliminary investigations are conducted by either the police or the prosecutor. Police usually handle investigations that are fairly straightforward, but the prosecutor may issue instructions pertaining to the conduct of an investigation. Prosecutors conduct investigations with the aid of police when the matter is complex or when a person has been reasonably suspected of committing the crime.
The code is clear on the need to have a preliminary investigation conducted in as objective a manner as possible. Chapter 23, Section 4, states:
At the preliminary investigation not only circumstances that are not in favour of the suspect but also circumstances in his favour shall be considered, and any evidence favourable to the suspect shall be preserved. The investigation should be con- ducted so that no person is unnecessarily exposed to suspicion, or put to unnecessary expense or inconvenience.
If reasonable suspicion focuses on an individual, the individual must be promptly informed of this so that a lawyer can be chosen and retained at public expense. Defense counsel will not usually conduct their own investigation because they have access to a copy of the prosecutor’s inves- tigative report. Moreover, the suspect or lawyer may request the prosecu- tor to question people or collect evidence that will assist in the defense. Such requests are complied with as long as they aid in the completion of an objective investigation. If the prosecution refuses a request, they must state their reasons. The defense then has the right to report the refusal to the court. The entire preliminary investigation signifi cantly reduces the likelihood that surprise witnesses or evidence will be introduced at trial.
Any person who possesses information pertinent to a case may be questioned during a preliminary investigation. The interrogation of a person who is not under arrest or being detained cannot exceed six hours. The person is free to leave once an examination is completed and cannot be called back for further questioning until 12 hours have elapsed. The accused and his or her defense counsel may be present at an interrogation and may question the person who is being examined.
Whenever possible, the code also calls for the presence at examina- tions of “a reliable witness commissioned by the investigating authority.” Since 1957, the municipal council of Götenburg has appointed local citi- zens and paid them a salary to attend interrogations in order to assure
WORLD CRIMINAL JUSTICE SYSTEMS254
that a person’s rights are protected during the preliminary examination. It has been suggested that this scheme should be implemented through- out the country. Once the prosecution has decided to prosecute, a sum- mons application must be submitted to the court. The court then issues a summons to the defendant and requests a copy of the evidence that will be used at the main hearing for the defense.
Powers to Arrest and Detain A police offi cer’s power to arrest involves two sets of circumstances: (1) cases of arrest with a detention order, and (2) cases of arrest without such an order. Following the com- mencement of a preliminary investigation, detention orders are issued by the court for an accused who could be imprisoned for at least two years; for suspects who could be imprisoned for at least one year and can be reasonably expected to fl ee, evade, or impede the legal proceedings; and for suspects in less serious cases who have no permanent residence and may fl ee. Thus, the standard fears of fl eeing, collusion, or recidivism determine who will be arrested. When circumstances justify it, a person can be arrested while awaiting the court’s formal order, but a person may not be detained if it is assumed that they will only be sentenced to a fi ne. There is one exception to this last rule, however.
Any person suspected on probable cause of an offence may be detained regardless of the nature of the offence if: 1. his identity is unknown, and he either refuses to provide his name and address or he provides a name and address that can be assumed is false; or 2. he does not reside in the Realm and there is a reasonable risk that he will avoid legal proceedings or a penalty by fl eeing the country.
Arrests without a detention order are permitted when the apprehended person “has committed an offence punishable by imprisonment, if he is caught in the very act of running away from the place. Anyone may also apprehend a person wanted for an offence. The apprehended person shall promptly be turned over to the fi rst policeman encountered.” Such people must be examined by the arresting authority as soon as possible.
Once an arrest has been made, the person must “be informed of the offense for which he is suspected. The household servants, or the imme- diate relatives, of the arrested person shall also be notifi ed of the arrest as soon as this can be done without detriment to the investigation.” The decision to detain a person is made by a professional judge at a court hearing. Suspects arrested by the police must be brought before a judge within 24 hours, but if a detention order is made, the initial appearance must occur within four days of the arrest. At this initial hearing, the court also determines when the main hearing will commence.
If the period of detention before the main hearing exceeds two weeks, the court must review its decision every two weeks and keep abreast of
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the prosecutor’s preliminary investigation to assure that there are no unnecessary delays. If the case involves a fairly simple matter and the main hearing will occur within a week from the time of arrest, then a decision to detain can be made at the time of the main hearing. As a rule, the court must begin the main hearing within the week following the formal approval to prosecute.
Power to Search and Seize The powers to search and seize are also governed by the Code of Judicial Procedure. A search of a premise may be issued by either the police, the prosecutor, or the court. The rules under Chapter 28, Sections 1 and 2, explain when such searches may be conducted:
Sec. 1. If there is reason to believe that an offence punishable by imprisonment has been committed, houses, rooms, or closed storage places may be searched to look for objects subject to seizure or to detect other information of potential importance to the inquiry of the offence.
The premises of a person, other than one reasonably sus- pected of having committed the offense may not be searched unless the offence was committed there, or extraordinary rea- son indicates that the search will reveal an object subject to seizure or other information concerning the offence.
A suspect’s consent is not adequate to justify a search of his premises unless the suspect personally initiated the request for the search.
Sec. 2. In order to fi nd a person who is to be apprehended, arrested, detained, taken in custody for questioning or appear- ance in court or subjected to a body search or a body search conducted at his premises, or at another person’s premises if there is extraordinary reason to assume that the person wanted is present there. The same applies to a defendant wanted for service of a summons application or summons to appear at the hearing if efforts to serve have failed or are considered pointless.
The code also calls for the authorities who conduct a search to secure a witness to the search. This could include the person whose premises are searched. If this is not possible, Chapter 28, Section 7, of the code states: “the person whose premises were searched must be notifi ed of the search as soon as this is possible without detriment to the investigation.” During the course of the search, any object that is considered important to the investigation can be seized. However, “[i]f a seizure is executed by any- one other than the investigating authority or the prosecutor, and neither of them has ordered the seizure, a report shall promptly be made to him, and he must then immediately consider and determine whether the seizure shall remain in effect.”
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An offi cer may conduct a search of a premise without a search order if the purpose is to apprehend, arrest, or detain a suspect. Moreover, body searches are considered reasonable “[i]f there is reason to believe that an offence punishable by imprisonment has been committed a per- son reasonably suspected of the offence may be subjected to a body search …” Moreover, a person, who is not the suspect, “may be sub- jected to a body search if there is extraordinary reason to assume that an object subject to seizure thereby be discovered or it is otherwise of impor- tance for investigating the offence.”
Both the power to arrest and detain and to search and seize are viewed as awesome powers. Offi cials who fail to abide by the rules and instruc- tions governing these powers may fi nd themselves subject to punishment. The power to sanction irregular activities by any civil servant is found in the Penal Code. Chapter 20, Section 1, states, in part:
A person who in the exercise of public authority by act or by omission, intentionally or through carelessness, disregards the duties of his offi ce, shall be sentenced for misuse of offi ce to pay a fi ne or imprisonment for at most two years. If, having regard to the perpetrator’s offi cial powers or the nature of his offi ce considered in relation to his exercise of public power in other respects or having regard to other circumstances, the act may be regarded as petty, punishment shall not be imposed.
If a crime mentioned in the fi rst paragraph has been com- mitted intentionally and is regarded as gross, a sentence for gross misuse of offi ce to imprisonment for at least six months and at most six years shall be imposed. In assessing whether the crime is gross, special attention shall be given to whether the offender seriously abused his position or whether the crime occasioned serious harm to an individual or the public sector or a substantial improper benefi t.
Travel Prohibitions Swedish constitutional law does not provide for a right to release on bail. When there is some risk that a defendant might attempt to fl ee the area, the Code of Judicial Procedure allows for the issuance of travel prohibitions as a substitute for detention. Travel prohibitions can be issued by the prosecutor or the court. If the order is issued by the prosecutor, the defendant can request the court to recon- sider the order. A travel prohibition requires the person to obtain permis- sion before leaving the area. Other restrictions are usually placed on the defendant with the issuance of such an order. For example, a defendant might be required to report daily (or several times a week) to local police or might be required to be present at his or her residence or place of employment at specifi c hours of the day. Failure to adhere to a travel prohibition or any other restriction can lead to the arrest and detention of the suspect.
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Prosecutor and Defense Counsel Although the prosecutor and defense counsel have been alluded to earlier, a few additional com- ments are in order regarding procedural issues. As was pointed out, the principle of mandatory prosecution requires that a prosecutor commence proceedings against the accused if guilt has been suffi ciently established. If a prosecutor initiates a prosecution that is not based on the probable guilt of the accused, the prosecutor may become the subject of a prosecu- tion. Rules have been established to assist the prosecutor in deciding whether to prosecute. The exceptions for nonprosecution in cases in which guilt has been suffi ciently established include: if the sanction is not more severe than a fi ne, if the public interest does not require prosecu- tion, if the accused suffers from a mental abnormality in which he or she will be confi ned to an institution for treatment, or if the director of public prosecutions is of the opinion that a sanction is not required to prevent the suspect from further criminal activity. These rules illustrate the considerable discretionary authority of the prosecutor.
The breadth of prosecutorial discretion includes other issues as well. For instance, prosecutors may waive cases that are beyond the scope of the aforementioned rationales if it becomes obvious that a sanction is not needed to prevent future criminal activity or if special circumstances war- rant refraining from initiating a prosecution. The enhancement of pros- ecutorial discretion was initiated more for economic reasons than for change in criminal policy. It was found that it would reduce the number of cases brought to court. Thus, although the rationale in law for prose- cuting cases remains based on the mandatory prosecution principle, an economic principle founded on expediency has had a signifi cant infl uence on the establishment of rules that supersede the mandatory prosecution principle. Finally, if the prosecutor decides not to prosecute, the injured party (or in the case of the victim’s death, his or her descen- dants) may initiate the proceedings. However, private prosecutions are very rare.
Persons accused of a crime in Sweden have three options with regard to the manner in which they will be defended in court: (1) they may defend themselves, (2) they may hire their own attorney, or (3) they can ask the court to appoint a public defense counsel. The court will appoint a public defender if it fi nds the person is not capable of adequately defend- ing himself or herself or protecting his or her own rights. Public defense counsel is not usually provided in minor criminal cases unless the accused is ill, is too old, or is a minor unable to safeguard his or her own rights. The right to select one’s lawyer is considered an important principle in the judicial process. The actual selection of a public defender is made by the accused. However, the court may reject the choice if the defense coun- sel charges unusually high fees.
Public defenders are reimbursed for their services out of public funds that are based on a fee schedule. The fees can exceed the schedule if
WORLD CRIMINAL JUSTICE SYSTEMS258
counsel can show that extensive work beyond the norm was required in the preparation of the case. If a defendant employs the services of a pub- lic defense counsel and is convicted, the defendant is liable to pay for part of the costs, based on economic status. The poor fi nancial circumstances of many suspects usually eliminates that liability. A person who elects to pay for private counsel will have the costs reimbursed out of public funds if he or she is acquitted.
An outside observer may get the impression that defense lawyers in Sweden are passive parties to a trial. This is based on the fact that they rely upon the prosecutor’s preliminary investigation and seldom make inquiries of their own, preferring instead to ask the prosecutor to supply the needed information. The issue is not one of indifference, but rather one of a difference in judicial tradition. Scandinavian lawyers do not view the trial as a battle. In fact, some view the American tradition of separate investigations and the occasional tactic of introducing surprise witnesses or evidence as bordering on being unethical. Scandinavian defense counsel perceive investigations undertaken by police and prose- cutors to be objectively fair, thorough, and trustworthy. Thus, they usu- ally consider a second investigation to be a superfl uous exercise.
The Trial Swedish trials generally are governed by rules that are characteristic of many Romano-Germanic law countries. They differ in one noted respect, because over the past 50 years they have adopted the Anglo-American technique of allowing the prosecution and defense counsel to question both the accused and witnesses. In Romano-Germanic law countries, it traditionally has been the responsibility of the judge to examine the accused and witnesses.
Compared to a trial conducted in England or the United States, the Swedish trial might seem rather dull. Because the evidence pertaining to the case has already been revealed during the course of the preliminary investigation, there are few surprises uncovered during the trial. In addi- tion, rules of evidence do not prohibit the introduction of hearsay evi- dence. Any information that is of signifi cance to a case is admissible. This is based on the notion that the two parties should be permitted to submit their evidence and allow the court to decide the degree of its relevance.
The main hearing of a Swedish trial is generally open to the public. It is an oral hearing, which means that the parties involved may not read written statements or positions in the case. The principal participants in a trial are the district court, prosecutor, and defense counsel. The district court con- sists of one professional judge and three lay judges. In cases in which the maximum penalty is a fi ne, only one professional judge hears the case.
A victim may take an active part in a trial if he or she is seeking com- pensation for damages. In more serious cases, the court can appoint an aggrieved victim counsel to assist with the case. Serious crimes generally include those for which the sanction of imprisonment may be imposed.
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Thus, the appointment of counsel cannot occur until after the prelimi- nary investigation has been initiated. The cost of the aggrieved victim counsel is provided by public funds. If the accused is found guilty, the judgment of the court may include paying the costs of the aggrieved vic- tim counsel.
The standard trial procedures for the main hearing include the fol- lowing steps:
1. The prosecutor reads the summons application, which describes the crime and the circumstances in which it was committed and includes a statement of the reasons for charging the defendant with the crime. The prosecutor can claim compensation for damages for the injured party, or the victim may make this claim.
2. The professional judge then asks the defendant how he or she pleads and if he or she is willing to pay the compensa- tion demanded.
3. If the defendant pleads not guilty, the prosecutor proceeds with the case by reporting on the evidence uncovered dur- ing the preliminary investigation.
4. If the injured party is to testify, he or she would go fi rst. The injured person, as a party to the suit, does not take an oath. As is the case with all people who are placed on the witness stand, the victim is permitted to give a personal account of his or her story without interruption. This is then followed by questions posed by the prosecutor, defendant, and defense counsel.
5. The defendant takes the stand. As a party to the suit, he or she does not take an oath. The defendant tells his or her story uninterrupted and is then questioned by the prosecutor, injured party, and defense counsel.
6. One by one, the witnesses, who are under oath, are brought into the courtroom to tell what happened. They are subject to an interrogation.
7. Any other evidence to be introduced is presented at this time and examined by the court.
8. Next, the defendant’s personal circumstances are taken into consideration. This may include an examination of the results of a psychiatric examination or an investiga- tion into the personal fi nances of the defendant. This phase of the trial sometimes is conducted behind closed doors. Any doubts about the mental or emotional state of the defendant will be raised by the police or the prosecu- tor. In that event, the court would appoint psychiatric
WORLD CRIMINAL JUSTICE SYSTEMS260
experts to examine the defendant. Defense counsel rarely raises this issue. A defendant who is infl uenced by mental disease, feeblemindedness, or some other mental abnor- mality is subject to an order to surrender to an appropri- ate psychiatric facility. Self-induced intoxication is not considered a defense, however.
9. Following the investigation into the defendant’s personal circumstances, fi nal arguments are heard. The prosecutor and defense counsel summarize the case and then state which sentence they think is appropriate in the case the defendant is found guilty. Claims for reimbursement are also made at this time. The injured party and witnesses are eligible for travel expenses, daily allowance, and loss of earnings. The public defense counsel is reimbursed by the state for handling the case. The defendant who is acquitted is also eligible for reimbursement. A defendant who is found guilty may be partially or totally liable for repaying the state for its expenses in reimbursing the pub- lic defense counsel, the injured party and the witnesses. The amount is based on the defendant’s income and the extent of obligations to dependents. People who are con- victed and have a low annual income are often excused from paying any court costs.
10. Once the fi nal arguments are made and the claims sub- mitted, the judge declares the session closed. It is at this time that the court begins its deliberations. The profes- sional judge and the lay judges are the only people who take part in these proceedings. They determine the guilt or innocence of the defendant and select an appropriate sanction. The Penal Code guides the judges in the deter- mination of the sentence.
11. Finally, the judgment of the court is announced. The judge briefl y explains the judgment and indicates how it may be appealed. If the judgment is not going to be announced immediately, the court will indicate this decision to the parties involved. Once the judgment is ready, the parties can come to the court and read the decision, or they can call the court and have it read over the telephone.
The Penal Code groups the types of sentences available into three categories. The most common punishment consists of fi ne and imprison- ment. Disciplinary punishments are sanctions that can be imposed on public servants and members of the military forces. The third category includes conditional sentences, probation, and surrender for special care. The various types of sanctions that can be imposed on the civilian popu- lation will be explained in greater detail in the section on corrections.
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One should not be left with the impression that people accused of a crime are necessarily going to be subjected to a trial. The Code of Judicial Procedure authorizes prosecutors and police to impose fi nes for minor offenses. This procedure has reduced considerably the number of cases that must be heard by the courts. It has been suggested that more than 80 percent of the crimes committed are handled in a summary fashion by prosecutors or police (Svensson, 1995).
The prosecutor may issue an order for this kind of summary punish- ment if the offense is punishable by a fi xed fi ne, a day-fi ne, or imprison- ment in which the term would not exceed six months. Orders for a summary punishment must be in writing and signed by a prosecutor, and the accused must be given a specifi c amount of time to consent to the order. To consent to the summary order, the accused must either do so in writing or pay the appropriate fi ne. Once accepted, the order has the same effect as a court judgment.
The offenses that are limited to the sanction of a fi xed fi ne are referred to as breaches of regulations. The power to impose a breach-of-regula- tion fi ne is given to police, customs offi cers, and prosecutors. The Prosecutor-General and the National Police Board determine which types of offenses are included in the list of breaches of regulations. Breach-of- regulation orders must be in writing and signed by a police offi cer. The order either can be issued in the suspect’s presence (in which case he or she can immediately agree to the order) or the offi cer can issue the order while permitting the accused to consent to it at a later date (if the order is issued in the suspect’s absence or if the suspect wants time to think about the consequences of admitting guilt). If the suspect consents to the order, the order has the same effect as a court judgment.
It has been pointed out that once a trial is concluded, the parties have an opportunity to appeal the court’s judgment to a court of appeal. As long as their petition is received by the district court within three weeks from when the court pronounced its judgment, both the defendant and the prosecutor have the right to appeal. In the petition for appeal, the appellant must state the factual or legal grounds for the appeal. If the appeal is granted, the prosecutor may be required to reopen the investi- gation into the case if the need arises.
At the main hearing, three professional judges and two lay judges from a court of appeal would hear the case. To the extent that it is rele- vant for the appeal, the parties are permitted to make an opening state- ment. This is followed by the presentation of evidence that is of importance to the appeal and may include a reexamination of witnesses. The parties are then given an opportunity to offer fi nal arguments. All appeals are not resolved through a main hearing, however. If the prosecutor appeals for the defendant’s benefi t or if a defendant’s appeal is supported by the other party, the court can dispose of the appeal without a main hearing.
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After the court of appeal has heard the arguments presented, it must reach its decision in the case. It can let the judgment of the lower court stand, reduce the sentence imposed by the lower court, or change the sanction; it cannot impose a harsher sentence. Additionally, the court can vacate the lower court’s judgment because of a grave procedural error, though this is a rare occurrence. The court may also vacate the lower court’s judgment if the procedural error is not grave, but it is demon- strated that it affected the outcome of the trial.
The courts of appeal also entertain appeals based on orders issued by the lower court during the course of the proceedings. Chapter 49, Section 5, of the Code of Judicial Procedure lists a number of these; they include:
1. dismiss an attorney, counsel, or defence counsel or reject- ing a request thereon;
2. reject an application by a third party to participate in pro- ceedings as an intervenor or aggrieved person … ;
3. direct a party or another person to produce a written evi- dence or to make an object accessible for view or inspec- tion, or orders in which pursuant to the Freedom of Press Act … or Fundamental Law on the Freedom of Expression …, a court has found it to be of extraordinary importance that an information referred to there is provided on examination of a witness or party under truth affi rmation;
4. determine an issue concerning fi nal imposition of a default fi ne or detention, responsibility for a procedural offence, or liability of a person to pay litigation costs;
5. determine an issue concerning compensation or advance out of public funds to an aggrieved party, or concerning compensation or advance to counsel, defence counsel, witness, expert, or another;
6. determine an issue in civil cases concerning provisional attachment or measure pursuant to Chapter 15 or orders in criminal cases concerning detention …;
7. reject a request for counsel or defence counsel, or appoint- ing as such a person other than the one proposed by the party;
8. determine an issue concerning legal aid in accordance with the Legal Aid Act (1996:1619) in situations other than stated in items 5 or 7 above;
9. reject a request that compensation to a witness invoked by a private party shall be paid out of public funds…
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These kinds of appeals are referred to as limited appeals. Finally, appeals against judgments and orders handed down in a
court of appeal are heard in the Supreme Court. In this event, the party must submit a review petition to the appellate court within four weeks of the appellate judgment. The petition must state the factual or legal grounds for the review petition.
Three justices of the Supreme Court determine whether a review of a case should be granted. Reviews are granted if the Supreme Court believes the issue requires legal guidance or if there is an extraordinary reason such as a procedural error or a gross oversight. Once the review is granted, the case is heard by fi ve justices of the court. Most cases reach the Supreme Court because they raise an important issue in reference to the application of the law. These types of cases are usually signifi cant because they entertain possible precedent-setting issues. The Supreme Court’s formula for determining if a case will be heard with or without a main hearing is the same as the one applied to courts of appeal.
One must keep in mind that the Swedish Supreme Court does not rule on the constitutionality of a law. Justices from the Supreme Court and the Supreme Administrative Court, together as members of the Law Council, advise the Riksdag on the constitutionality of bills intro- duced in the legislature. Moreover, the Supreme Court does not rule on administrative law matters. That is the province of a separate tier of tribunals and courts, the highest of which is referred to as the Supreme Administrative Court.
Critical Issues
Throughout the twentieth century, Sweden was acknowledged as a leader in the extension of innovative social welfare policies for all of its citizens. Such creativity had been lacking somewhat in policies involving crime victims. Like other justice systems, Sweden tended to focus most of its effort on the social welfare of offenders rather than on victims of crime. This attitude has changed as the government has implemented several initiatives.
One should not be left with the impression that Sweden had no policy as it relates to crime victims. It simply had not been a leader in establish- ing creative programs and policies. Swedish law has long enabled the victim’s claim for damages to be consolidated with the prosecution and heard in the criminal court. Under legal aid, the victim could also secure the services of a lawyer to assist in the claim at trial.
The State Compensation Act of 1971 enabled the awarding of compensation for personal injuries or property damage committed by offenders who had escaped from a state institution. Under this legislation,
WORLD CRIMINAL JUSTICE SYSTEMS264
compensation was awarded if the offender could not pay or if payment was not awarded through insurance. In 1978, the Criminal Injuries Compensation Act created the Criminal Injuries Compensation Board, which is composed of people knowledgeable in either law, claims adjust- ments, or criminal policy. In addition to personal injury, property dam- age and fi nancial loss are also covered when caused by escaped criminals, although there are some restrictions in these latter cases (Edqvist and Wennberg, 1983).
In the 1980s, various components of the justice system reexamined the plight of crime victims. Several changes were either implemented or recommended. As was the case in other countries, the principal catalyst for this reform was a growing recognition of and concern for women as victims in both sexual assault and domestic violence cases. This concern prompted government inquiries, changes in agency policies, and new leg- islation (Falkner, 1989).
For example, at the beginning of the 1980s, the prosecution was somewhat restricted in handling domestic violence cases. Prosecution was not forthcoming unless the victim reported the crime and supported the prosecution or unless the offense was clearly a grave crime for which it was in the public interest to prosecute. As such, many cases were not prosecuted. The new policy, based on the belief that it is in the public interest to try to prevent serious cases of domestic violence, enables the prosecution to initiate a case without the victim’s support. Also in the past, the prosecution was apparently somewhat passive in pressing for damages in criminal proceedings. At the beginning of 1988, however, the Code of Judicial Procedure was changed to encourage the prosecution to take greater care in presenting damage claims of victims.
These changes have led to reforms in other branches of the justice system. For instance, courts now are expected to increase their attentive- ness to prosecutorial claims for victim damages. Police are supposed to offer more help and support to crime victims and are expected to con- sider the issue of damages throughout their investigation of a crime. Both the police and prosecutors are expected to provide legal aid to victims and to inform them about fi ling a claim for fi nancial compensation. They, along with courts, will assist in securing the appointment of an aggrieved victim counsel, if the offense was a crime against the person. The Ministry of Justice has produced a booklet for crime victims that explains the judicial process, the possibility of collecting damages, and the state com- pensation scheme. There are approximately 150 women’s shelters that offer both practical and psychological support. In addition, 20 men’s refuges have been established to support not only men who have been assaulted but also to provide help for men who have been violent toward women. Finally, the National Association of Victims’ Assistance Agencies was created in 1988. This has led to the establishment of more than 100 victim assistance agencies at the local level.
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In the 1990s, the Riksdag initiated two pieces of legislation designed to assist crime victims, specifi cally those associated with sexual assault and domestic violence. One involves expanding the legal aid scheme. In addition to providing legal services in pursuit of damages during the criminal proceedings, legal aid now offers a public victims’ counsel. This person is appointed by the court (unless the victim does not need coun- sel) during the pretrial investigation. Public counsel not only offers help and support to the victim but also serves as an advocate for the victim’s interests during the investigation. The other piece of legislation intro- duced protection orders that are designed to prevent female victims from being harassed by their assailants. A protection order can be initiated by a prosecutor or a court; its purpose is to prevent the accused from con- tacting the victim. Violation of the order can lead to a fi ne or up to six months’ imprisonment.
A Victim Support Fund was introduced in July of 1994. This fund is used to benefi t efforts at victim support, research, and education about the issue as well as the production of public information about victimization. Defendants found guilty of a crime that includes a sanction of imprison- ment or those who accept a summary fi ne from a prosecutor are required as part of their sentence to pay a fee to the Victim Support Fund.
Two developments involving crime victims offer rather creative strat- egies for some long-standing problems. The fi rst deals with the issue of domestic violence. In recent years, much interest has been expressed about viewing domestic abuse as a women’s health issue. As a result, the Penal Code was amended in 1998 to include a new crime of gross viola- tion of integrity. The Code states that “a person who commits criminal acts …, if the acts form a part of an element in a repeated violation of that person’s integrity and suited to severely damage that person’s self- confi dence, be sentenced for gross violation of integrity” (Penal Code, Chapter 4, Section 4a). The sanction for this offense is imprisonment for a minimum of six months to a maximum of six years. What this means is that under certain circumstances courts can sanction a domestic abuse offender for the original traditional offense (for example, assault) and also for a gross violation of the victim’s integrity. In order for the justice system to utilize this new offense, courts will need to have knowledge of the woman’s abusive circumstances. This will require abused women to seek medical treatment, which in the past they have often refused to do. The strategy is designed to have police, social workers, and healthcare professionals work together to address this problem. This will be achieved by encouraging the abused person to reveal the extent and length of abuse, collecting physical evidence, and addressing the victim’s percep- tions of self-worth. If these objectives are realized, this should empower the victim to seek assistance from the justice system, which will then be in a position to charge the offender with the offense of gross violation of integrity (Nylen and Heimer, 2000).
WORLD CRIMINAL JUSTICE SYSTEMS266
The other innovation deals with a new law on prostitution that went into effect in 1999. The law criminalizes the person who purchases sex rather than the prostitute. The rationale is based on the long-held view by people who have studied the problem that prostitution is another form of exploitation, usually with men taking advantage of women, and thus the prostitute should be viewed as a victim. The new law calls for a sanction of either a fi ne or imprisonment for a maximum term of six months (Boëthius, 1999).
Finally, the National Council for Crime Prevention has continued to consider the issue of victimization and has recommended further reforms. The council has suggested that victims be apprised of more information during the preliminary investigation, including decisions made by the police and prosecutor in the case. It has recommended that police be given more training in order to provide meaningful assistance to victims. The council also has argued that the state should take a greater role in assuring that the offender pays damages and that damage claims have a higher priority than they currently do when offenders fi le for bankruptcy. It also has recommended that government funding for the various com- ponents of victim assistance be increased.
CORRECTIONS When a country’s population is relatively homogeneous, the citizenry
are more apt to agree on basic values and morals. We have already alluded to the importance placed on reaching consensus opinions in Sweden. This characteristic is equally evident in the criminal justice system. Although the pretrial process appears to refl ect this quality, in the fi eld of corrections—especially sanctioning rationales—an unusual degree of agreement has been reached. This section describes the building of con- sensus by examining the underlying philosophy behind sentencing and by explaining the organization and administration of both institutional and noninstitutional approaches to corrections.
Sentencing Philosophy
The Swedish prison system emerged in the nineteenth century. It adopted a model based on the principle of solitary confi nement. It has been suggested that these early penitentiaries were very effective institu- tions at maintaining order and control of the inmates. Of course, by the beginning of the twentieth century, solitary confi nement was beginning to be viewed as an extreme form of punishment (Nilsson, 2003). Since the 1940s, Sweden has embarked on an effort to make the fi eld of
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corrections a more humane and morally just component of the justice system. Other countries have frequently looked to Sweden’s correctional system and sentencing rationale as a model that should be emulated. To date, the planners and policymakers of the system have not been satisfi ed with the results, despite the fact that signifi cant innovations have been introduced. From their perspective, more changes are in the offi ng. At issue are two policy questions with which they have been grappling for more than 40 years: What type of behavior should be criminalized in a country that prides itself on being democratic, prosperous, and highly industrialized? And what kinds of sanctions are effective for such a society (Sveri, 1981)?
An examination of the history of Sweden’s attempts to answer these questions identifi es two fairly distinct phases. The fi rst phase started in the 1940s and became somewhat obsolete when the new Penal Code came into force in 1965. During this phase, attention focused more on the second question posed by Knut Sveri: What kinds of sanctions are effective for criminal behavior? The 1965 Penal Code was quite clear in enunciating an answer for civilians found guilty of violating the criminal law. Two types of sanctions were available. The common punishments consisted of fi nes and imprisonment; alternative sanctions included con- ditional sentence, probation, youth imprisonment, internment, and sur- render for special care.
The fi rst phase was marked by a fi rm belief in, and commitment to, a treatment philosophy. Criminologists and legislators joined in advocat- ing and implementing a medical treatment model that relied on experts from the medical, psychological, and psychiatric professions.
The introduction of alternative sanctions was a central feature of this treatment philosophy. The conditional sentence was designed for people who could be punished by imprisonment but whose prognosis was such that incarceration was considered unnecessary. Probation was viewed as an alternative to imprisonment for those who had committed offenses punishable by imprisonment. It enabled the offender to remain free in the community while under supervision. Youth imprisonment was intended for people between 18 and 20 years of age who had committed an offense that was punishable by imprisonment. It was an indeterminate sentence involving both institutional care and a continuance of treatment and supervision upon release from an institution. Internment was an indeter- minate sentence designed for dangerous offenders and recidivists. It was limited to offenders who had been convicted of crimes punishable by a minimum of two years of confi nement. It involved both institutional and noninstitutional treatment, with an emphasis placed on institutional care. The internment board determined when a person was ready for release; once released, the offender was subject to both supervision and continued treatment outside the institution. Finally, surrender to special care enabled offenders to seek help beyond the correctional community.
WORLD CRIMINAL JUSTICE SYSTEMS268
This type of sanction was given to adults who were in need of psychiatric or alcohol treatment, as well as young people whose welfare could ben- efi t from social or medical care.
In a slightly different context, imprisonment and fi nes played a sig- nifi cant role in the treatment model and the move to establish a more humane and just system of sanctioning. Sweden’s policymakers realized that they could not totally abolish the sentence of imprisonment because those offenders committing serious crimes required a severe sanction. Because society would demand the retention of imprisonment for certain crimes, and because an alternative to incarceration had not been devel- oped, imprisonment was retained. Every effort was made, however, to shorten the length of the sentence, to develop facilities that were designed to treat the inmate in a humane fashion, and to offer a number of reha- bilitation programs. Monetary fi nes, especially the day-fi ne, were also developed further.
By the mid-1960s, however, critics had identifi ed a number of fl aws in the treatment model, not the least of which was the overly optimistic view of what it could realistically achieve. Sweden was obviously not alone in discovering the shortcomings of the treatment model; other cor- rectional systems throughout the world were grappling with similar concerns. They also discovered defects in both the underlying assumptions of the treatment philosophy and in its practical application, especially in closed institutional settings.
Norman Bishop (1980) summarized a number of criticisms that dominated discussions in Sweden. Attempts were made from the start to standardize the treatment model. In turn, this led to a simplistic diagno- sis of the offender’s problems and the avoidance of an in-depth analysis of all possible causal factors. Some critics also argued that institutional treatment was not voluntary but coercive in nature. Thus, the inmate’s rights and legal safeguards were often skirted in the name of humane treatment. The use of the indeterminate sentence for youth imprisonment and internment was especially susceptible to charges that the model was not as humane as some proponents alleged, based on the contention that it left inmates in a state of uncertainty regarding the actual length of time served. Others were concerned that institutionalization would merely reinforce the offender’s negative self-image and sense of alienation. Moreover, the presence of high recidivism rates suggested that the approach to treatment was a failure. Finally, critics alleged that the cor- rectional system had become too preoccupied with treatment at the expense of other valid reasons for sanctioning.
Critics of the treatment model were not suggesting that it be aban- doned totally or that inmates be subjected to less-than-humane treat- ment. They were arguing that a more realistic sentencing philosophy be acknowledged, refl ecting a belief that the sanctioning process could have multiple purposes other than rehabilitation and that these alternative
CHAPTER III • SWEDEN 269
purposes should be given equal weight at sentencing. In particular, sanc- tions should be viewed as having a general deterrent effect and used as a method of protecting society from serious law violators.
Since the mid-1960s, Sweden’s policymakers embarked upon the second phase of their attempt to determine what types of behavior should be criminalized in a democratically prosperous country and what kinds of sanctions are effective. Erland Aspelin (1975) suggested that the great- est efforts at policy development focused on four areas of concern. First, attempts were made to decriminalize minor offenses and to develop non- punitive reactions to such behavior. For example, full decriminalization has been addressed to issues involving offenses against the family and morality. Unlawful marriages, abortions, and certain sexual offenses are areas that have already been reformed. Attempts also have been made to depenalize certain offenses. This has been entertained because police and prosecutors already have tremendous caseloads, and depenalization would enable them to concentrate their efforts on more serious crimes. Some tax offenses, minor frauds, and minor property offenses could be handled by a fi ne, for example, rather than a custody sentence.
Second, because Sweden experienced an increase in serious crime, greater attention was directed at utilizing the justice system’s limited resources to combat serious criminality. For example, because armed robbery and other similarly violent crimes escalated, efforts were made to impose harsher sanctions for illegal possession of weapons. Similarly, because narcotics offenses became a serious problem, the severity of sanctions was increased in an attempt to curb the problem. There also has been an attempt to expand the realm of criminality for certain seri- ous offenses that are not violent in nature. Tax fraud, traffi c offenses, and offenses against the environment are some of the crimes that have been targeted as warranting increased attention.
Third, efforts have been under way to limit the use of imprisonment. This argument is based on a belief that imprisonment is counterproduc- tive for many offenders and that society does not actually benefi t from its imposition. The long-standing criticism of the use of the indeterminate sentence was resolved with the abolition of youth imprisonment in 1979 and internment in 1981. Instead, the imposition of fi nes and noninstitu- tional sentences was increased.
Finally, greater attention has focused on the need to improve crime prevention strategies. These endeavors have included making citizens more aware of their role in preventing property crimes. The police have been attentive to this need by establishing the block police offi cer scheme and by creating the position of a crime prevention offi cer in each district. The National Council for Crime Prevention has been an important instru- ment in conducting research and evaluating prevention strategies since 1974, and it has a key role to play in the recent national crime prevention strategy that was explained in the section on police.
WORLD CRIMINAL JUSTICE SYSTEMS270
During this second phase in policy development, the government also addressed the concerns raised by critics of the treatment model. A shift in emphasis regarding the rationale for sanctions is illustrated by the 1988 annulment of Chapter 1, Section 7, of the Penal Code. The section stated “that the sanction shall serve to foster the sentenced offender’s rehabilita- tion in society.” According to the National Council for Crime Prevention, the abandonment of this policy refl ects the view that a sanction should be based primarily on the nature of the crime in question, along with a proper consideration for both mitigating and aggravating circumstances—and not on the offender’s rehabilitation. The council is of the opinion that this change in sentencing policy is directed at recidivists in particular. They also point out, however, that the “correctional system should continue to be based upon a humane orientation and should facilitate the sentenced person’s re-adjustment to society with rehabilitative and supportive mea- sures” (National Council for Crime Prevention, 1990).
Sweden, along with the other Scandinavian countries, has made a number of signifi cant advances over the past 40 years toward establish- ing a more humane and morally just sentencing philosophy. They have reduced the number of offenses that warrant a prison sentence, in addi- tion to reducing the actual amount of time served. With modifi cations in the sentencing rationale, Sweden has reduced the number of sanctions available. Presently, there are fi ve types of sentences: (1) fi nes, (2) impris- onment, (3) conditional sentence, (4) probation, and (5) commitment for special care. The Penal Code gives the court a good deal of discretion in selecting an appropriate sentence. The court is guided in its choice of disposition by the nature of the offense and the presentence report on the offender. Thus, the court selects a sanction that will assure general obedi- ence to the law and assist in the offender’s readjustment to society. A central principle of the sanctioning rationale is to avoid the imposition of a prison sentence, if possible.
Organization of the National Prison and Probation Administration
The 1970s were marked by attempts to reform the correctional system. A government committee was formed in 1971 to examine the prison and probation services, and a year later it presented several proposals to the Riksdag. Four ideas were singled out as being central to the reform movement. One stressed the importance of noninstitutional treatment as the most effective form of sanctioning. This principle was supported by studies that suggested that institutionalization would merely reinforce an offender’s criminal tendencies. Probation and day- fi nes were identifi ed as the principal alternatives to imprisonment.
CHAPTER III • SWEDEN 271
Another idea emphasized the need to coordinate institutional and noninstitutional treatment more closely. From an administrative point of view, this has been achieved by creating the position of regional directors who coordinate both institutional and noninstitutional treatment in their regions. Moreover, probation offi cers are more involved with the treatment programs of those sent to remand and local correctional institutions.
The notion that prisoners should serve their sentences in an institu- tion located near their families was another signifi cant principle behind the reform effort. This idea is based on a belief that the success of any treatment program could be enhanced if a prisoner is permitted easy access to his or her family, friends, and local employment contacts.
Finally, emphasis was placed on the belief that inmates should utilize facilities that are available to the rest of society. This idea enhanced the importance of inmate furloughs. Inmates are able to participate in educa- tional and job-training programs and to seek medical and social welfare assistance in the community, rather than having these programs imported on a limited basis to the institutional setting. Each of these ideas has had a signifi cant impact on the manner in which the national correctional system is organized, administered, and implemented. Figure 3.3 illus- trates the organizational structure of the prison and probation service.
Ministry of Justice The Ministry of Justice has the ultimate responsibility of administering the correctional system. The minister of justice appoints members to central and local boards that administer and monitor the various components of the system. He or she also introduces legislative proposals to the Riksdag and administrative directives to the cabinet that are designed to improve the effi ciency of the correctional system.
Figure 3.3
ORGANIZATION OF THE NATIONAL PRISON AND PROBATION ADMINISTRATION
Ministry of Justice
National Prison and Probation National Paroles Board Administrative Board
Local Probation Boards National Prisons
Correctional Care Regions
Remand Local Probation Prisons Institutions Districts
WORLD CRIMINAL JUSTICE SYSTEMS272
National Prison and Probation Administrative Board The board of the National Prison and Probation Administration is the central agency entrusted with the duty of administering correctional ser- vices in Sweden. The board is composed of laypersons appointed by the government. The chief offi cer is the director general of administration. In addition to members from the Riksdag and representatives of prison and probation offi cers, other board members include representatives from the National Welfare Board, the Central Labor Unions, and the National Labor Administration, as well as a director from private industry. The staff is divided into the Department of Treatment and Security and the Department of Work and Training. Other divisions deal with planning, personnel, and fi nance.
National Paroles Board The National Paroles Board is com- posed of fi ve members. The chair and vice chair are judges from the Supreme Court or courts of appeal. The board is empowered to make parole decisions for all inmates sentenced to more than two years’ impris- onment; they also hear parole appeals from decisions made by local pro- bation boards.
Local Probation Boards There are 30 local probation boards that are responsible for probation and parole decisions in their respective districts. Each board is composed of fi ve members. The chair must be a lawyer (usually a judge from a district court), while the other members are laypersons. If an inmate violates a probation or parole order, the board has the power to initiate proceedings against the person. A board’s decision in such matters may be reviewed on appeal. If a parolee is inclined to appeal, the issue is reviewed by the National Paroles Board, whereas the court of appeal for the region handles reviews of probationers.
Correctional Care Regions The country is divided into six cor- rectional care regions. Each region is administered by a director who is a professional probation offi cer. The responsibility of the director is to supervise the remand prisons, the local institutions, and any various non- institutional care programs in the region. The director does not supervise the national prisons located in the region. If a district court within the region sentences a person to imprisonment, the regional director deter- mines where the person would serve the sentence.
The exception to this rule involves people sentenced to a term of imprisonment of four or more years. These inmates are considered long- term prisoners. Once sentenced to a long-term period of incarceration, they are sent to a reception center (Kumla prison for men or Hinseberg prison for women). After an assessment is made of the inmate’s propen- sity to violence and of the type of treatment regimen that would be most suited to him or her, the National Prison and Probation Administration
CHAPTER III • SWEDEN 273
determines where the prisoner would be sent during the initial phase of incarceration.
Imprisonment Before the various types of correctional institu- tions are explained, it is important to offer some general comments about the sanction of imprisonment and the nature of the facilities utilized. According to the Penal Code, a person sentenced to imprisonment receives either a fi xed term or a life sentence. A fi xed term can range from 14 days to 10 years. If a person is convicted of several crimes and at least one warrants a prison sentence, a formula is used to determine a fi xed term of incarceration that would not exceed 16 years.
A life sentence is rare and is usually commuted to a determinate sen- tence of between 15 and 20 years. The National Paroles Board generally issues a conditional release after one-half to two-thirds of a determinate sentence has been served. Thus, a person sentenced to life imprisonment can expect to spend seven to 10 years in prison.
There was a downward trend in prison incarcerations throughout the 1970s until 1982, when it began to rise again. Since that time, it has declined again. For example, 16,098 people were incarcerated in prison in 1988, while 13,836 were imprisoned in 1992 (National Prison and Probation Administration, 1994). Since the turn of the century, the yearly average is around 9,500 (Ministry of Justice, 2004). For the American reader who is accustomed to hearing about lengthy prison terms, these fi gures can be misleading. In Sweden every attempt is made not to incar- cerate convicted offenders; if incarceration is necessary, the term should be for a short period of time. With that in mind, the number of people incarcerated in prison on any one day is about 4,000.
Inmates sentenced in 2007 were convicted of 13,973 crimes. Of that total, 7,430 were crimes against the Penal Code. These include crimes against the person (2,989), crimes against property (3,373), crimes against the public (325), and crimes against the state (743). In addition to offenses listed in the Penal Code, people were incarcerated for viola- tions against the Road Traffi c Offences Act (3,914), Narcotics Drugs (Punishment) Act (1,645), Taxes Offences Act (229), and other statutes (755). Of the adults sentenced to a term of incarceration, 17 percent received a sentence of no more than one month, and 15 percent received a sentence of more than six months but less than 12 months. Thirteen percent received a term of more than two years. Of these, 16 received a life sentence (National Council for Crime Prevention, 2008). Both the length of time prescribed in the Penal Code and the actual time served illustrate the country’s commitment to limiting the use of imprisonment as a sanction.
It should be pointed out that Sweden initiated an experiment with electronic monitoring. A pilot program was started in 1994 for people sentenced to less than two months of imprisonment and who agreed to
WORLD CRIMINAL JUSTICE SYSTEMS274
refrain from alcohol or other drugs (Svensson, 1995). Because of the positive results from the initial study, it was extended and expanded to include the entire country and those sentenced to up to three months of imprisonment (Ministry of Justice, 1997). In 1999, electronic monitoring became a permanent method of dealing with sanctions that call for a short term of imprisonment. People sentenced to imprisonment for a term of three months or less may apply for intensive supervision. In order to be eligible, the offender must have a residence, a telephone, and be employed for 20 to 40 hours a week. A contact person at the place of employment monitors the person during his or her working hours. The probation service makes frequent visits to assure that the person is not abusing alcohol or other drugs. If a person violates the terms of the inten- sive supervision, it ceases and the offender serves the remainder of the sentence in prison.
Types of Institutions At the present time, there are 56 prisons in Sweden, of which six are utilized by women prisoners. All of these insti- tutions are categorized into one of three types of correctional facilities: (1) remand prisons, (2) local institutions, and (3) national institutions. Each is designed for a specifi c purpose and is intended for a particular type of offender. The remand prisons are designed primarily to hold peo- ple who have been detained or have been arrested and are awaiting trial. The purposes of these facilities are similar to some of the objectives of jails in the United States. The limited number of remand facilities has led to the creation of remand wings in some other correctional institutions. Legislation mandates that the local probation service provide detained and arrested people with the same treatment and assistance that is avail- able to prisoners housed in these facilities. Because a period of remand is fairly short, little is actually accomplished. However, if a person is even- tually convicted and sentenced to a period of incarceration, these pre- liminary contacts may assist in determining the appropriate institution in which the person will serve the sentence.
The local institutions are used primarily to house people sentenced to less than one year of imprisonment. Local institutions are small, gener- ally handling about 40 inmates, and there is roughly an equal number of open and closed facilities. Because security is not emphasized at these facilities, inmates who are in need of close supervision because of the nature of their crimes are not sent to local institutions. The primary pur- pose of a local institution is to keep inmates as close to their family as is reasonably possible. Moreover, through the help of probation offi cers, every effort is made to facilitate the transition back to freedom. Local institutions also enhance the effectiveness of furloughs, work-release programs, and study-release programs because of their proximity to fam- ily, employment, and educational opportunities. Inmates who are serving a longer sentence at a national institution are usually transferred to a
CHAPTER III • SWEDEN 275
local facility toward the end of their term in order to prepare them for release. Thus, probation offi cers work closely with local institutions to prepare for an inmate’s release.
Finally, there are national correctional institutions. Unlike the remand and local facilities that are administered by a regional director, these insti- tutions are the direct responsibility of the National Prison and Probation Administration. These facilities are designed to house people who have been sentenced to more than one year in prison. Given the clientele that they serve, approximately three-quarters of these facilities are closed insti- tutions. In comparison to other industrialized countries, these prisons are fairly small. The largest is Kumla, which has a capacity for 206 inmates.
It is possible that offenders sentenced to less than one year of impris- onment may fi nd themselves sent to a national institution. Such decisions are made if a national prison can better accommodate an inmate with the kind of treatment required. Inmates may also be housed in this type of facility if they cannot cope in the more open environment of a local insti- tution. There are a few high-security institutions among the national facilities. These institutions house offenders who are considered danger- ous or likely to attempt an escape.
Until recently, each inmate was provided with a separate cell or room. Complaints about prison overcrowding, which are common in many countries, were once nonexistent in Sweden. However, separate quarters are no longer possible because the daily prison population has increased. This has led in some instances to placing two inmates in a cell or turning common living areas into sleeping areas. Some of the new open prisons designed for short-term inmates (especially those incarcerated for drunk driving) are designed to accommodate more than one person to a cell (Svensson, 1995). It has been suggested that three factors have led to the increase in the prison population: (1) parole is more restrictive, (2) short- term imprisonment is an important sanction for drunk driving, and (3) sentences for recidivists have been increased (Jareborg, 1994). In order to address the problem of overcrowding, the National Prison and Probation Administration announced plans to expand the prison capac- ity by 1,000 beds (Von Hofer, 2003).
Nevertheless, the high standards of cleanliness and humaneness refl ected in Sweden’s correctional facilities are often praised by outsiders. Knut Sveri put that adulation in perspective, however: “It (prison condi- tions) is only a refl ection of the general high standard of living in the Swedish society in general. A country without any slum-districts cannot let their prisoners live under slum-conditions.”
Act on Correctional Treatment in Institutions (1974) The Act on Correctional Treatment in Institutions (along with more recent amendments to it) offers a fairly thorough understanding of the govern- ment’s attempt to assure a humane environment for the incarcerated
WORLD CRIMINAL JUSTICE SYSTEMS276
offender. The general provisions of the act state the government’s intent to assure that
[c]orrectional treatment in an institution shall be so designed as to promote the adjustment of the inmate in society and to counteract the detrimental effects of deprivation of liberty. Insofar as this can be achieved without detriment to the need to protect the public, treatment should be directed from the outset towards measures which prepare the inmate for conditions outside the institution.
Thus, the system is designed to enhance an inmate’s ability to return to society with a minimum amount of adverse side effects. Obviously, the method is not always successful. But in the diffi cult world of building more effective and humane correctional models, one cannot accuse Sweden of failing to commit to this goal, for a central theme of the act is that “[i]nmates shall be treated with respect for their human dignity. They shall be treated with understanding for the special diffi culties con- nected with a stay in an institution.”
Before some of the more salient features of the act are described, it is important to mention a signifi cant factor that was instrumental in initiat- ing these reforms. A number of intellectuals and ex-offenders formed a group in 1966 known as the Association for More Humane Treatment of Prisoners. This group is more popularly known by the acronym KRUM. This kind of association was not novel to Sweden, for there had already been reform groups established in Norway and Denmark. KRUM started out with a moderate program for change. Members were quite active in counseling and assisting inmates and ex-offenders in any way that they could. Moreover, they were committed to a correctional system that was based on a treatment model.
By the early 1970s, however, KRUM had changed its ideological posture. It assisted in the organization of inmates into vocal groups that demanded change through hunger and work strikes. Two of the principal demands called for less security within institutions and an expansion of work, educational, and recreational programs. KRUM’s ultimate goal was to eliminate the sanction of imprisonment from the Penal Code. One should not be left with the impression that reform would not have occurred without KRUM, but it played a signifi cant role in articulating the concerns of inmates and in educating the public and the politicians on the need for reform in the correctional system.
The Act on Correctional Treatment changed the regimen of Swedish correctional facilities in a number of ways. For example, it required inmates to be involved in some form of work, study, or training. The Act stipulates that
to facilitate his adjustment in society, an inmate of a local institution [and if just cause is given for inmates in national
CHAPTER III • SWEDEN 277
institutions] may be permitted to work, to study, or to partici- pate in vocational training or other specially arranged activities outside the institution during working hours. Special efforts are to be made at such institutions to promote these kinds of activities.
Efforts are made, therefore, to fi nd a suitable job or course of study that will enhance an inmate’s prospects once released from custody. The per- son receives a remuneration for any of the above assignments. Even those who are unable to work because of some medical disability are given a remuneration that enables them to purchase personal items. Of the earn- ings received, 10 percent is placed in a savings account and is returned when the person is released or during a furlough (a short-term leave from the institution).
While the goal of providing a work or study program is designed to reduce the likelihood that the inmate will recidivate, the availability of meaningful work that may contribute to a reduction in reoffending is unfortunately limited. This situation is compounded by other factors. People who have served time and have had previous problems with edu- cation and employment are more likely to reoffend (Nilsson, 2003). Moreover, approximately 50 percent of offenders sentenced to more than two months of imprisonment are suffering from some type of substance abuse. Thus, they have issues that must be addressed above and beyond a work ethic and marketable skills.
Whereas solitary confi nement has traditionally been used to pun- ish inmates who violate prison rules, this is not the purpose in Sweden. The Act explains the context in which solitary confi nement can be used:
An inmate may be kept separate from other inmates if this is necessary having regard to national security, a present danger to the safety of life or of health of the inmate himself or of others, or of serious damage to institution property or to prevent the inmate exerting a detrimental infl uence over other inmates.
An inmate who … has been placed in a closed institution may be kept separate from other inmates if there is reason to fear that he is planning to escape or others are planning to attempt to set him free, and separation is necessary in order to prevent such a plan being carried out.
Decisions under the previous two paragraphs shall be reviewed as often as there are grounds, and in any case at least once a month.
The law also states that the decision to isolate an inmate should be inves- tigated, and the opinion of a physician should be obtained.
WORLD CRIMINAL JUSTICE SYSTEMS278
In addition to the types of situations cited above, a person can be sent to solitary confi nement in the following circumstances:
An inmate who behaves violently, or who is so affected by alcoholic beverages or other intoxicants or stimulants that it is to be feared he will create a disturbance at the institution, may be temporarily kept separate from other inmates, as long as it is deemed necessary to subdue the violent behavior or until the intoxication has come to an end.
Where other means prove inadequate to control violent behavior on the part of an inmate he may be put under physical restraint if this is unavoidably necessary for security reasons.
Once again, a physician is consulted concerning these decisions. If solitary confi nement is not an acceptable method of sanctioning a
recalcitrant inmate, what are considered acceptable alternatives? The Act calls for three types of action when an inmate violates prison rules. One is simply a warning. Another is to cite a specifi c period of time that does not count toward the inmate’s sentence. For a single offense, the maxi- mum time cannot exceed 10 days, and the total amount of extra time for all offenses is limited to 45 days. A fi nal option is to transfer the inmate to another institution.
Disciplinary cases are handled by the prison governor, with the results confi rmed by the national prison administration. When a trans- fer to another prison is recommended as an appropriate form of disci- pline, it is determined at the regional level. It is a common feature of Swedish society that a person can appeal a decision to a higher level within the bureaucracy; this is also true of the prison system. An inmate subjected to disciplinary sanctions can appeal both internally and externally. Internal appeals are usually the responsibility of the prison governor or the regional director, but some cases involve the national prison administration.
External appeals are made either to one of the administrative courts of appeal that handles prison cases or to the parliamentary ombudsman who is responsible for criminal justice issues. If a case is presented to the administrative court of appeal, a three-judge panel would entertain the case. Moreover, the determination of the issue would be based solely on written arguments. It has been suggested that of the roughly 600 appeals considered annually, approximately 1 to 2 percent are successful. The other method is to petition the parliamentary ombudsman, who handles about 40 prison complaints a year. As was the case with the administra- tive court of appeal, the ombudsman often upholds the decision of the prison administration (Douglas, 1984).
Another issue that has been resolved somewhat by the implementa- tion of the Act on Correctional Treatment is the ability of inmates to
CHAPTER III • SWEDEN 279
negotiate grievances with prison authorities. For a number of years, this had been an issue raised by KRUM and inmates on strike. Inmate coun- cils are the mechanisms used to air problems, but they are not very effec- tive in practice because of the high turnover rate in the institutions. Moreover, no attempt has been made to establish institutional councils that would include prison management, guards, and inmates with the purpose of collective participation in formulating prison policy.
Probably the most important and creative change has been the extent to which furlough schemes have been utilized in the system. Furloughs have been a part of Sweden’s approach to corrections since the 1930s, but the idea has been expanded considerably over the past two decades. A central proposition of the Act on Correctional Treatment was to facili- tate an inmate’s transition back to society. Various kinds of furloughs are designed to enhance that goal. Work and study furloughs are in effect when an inmate is allowed to leave an institution during the day to work, study, or participate in a vocational training program.
The act also empowers correctional authorities to grant furloughs for leisure-time activities. Participation in a club, attendance at a sporting event, or other types of entertainment are considered part of an inmate’s adjustment program. Medical furloughs are granted if the person can receive better care in a public hospital. Sojourns are also available for inmates who would benefi t from programs offered at various treatment clinics in the community.
Short-term and release furloughs also are regular features of this scheme. Short-term furloughs may be granted for either a number of hours or a number of days. They are primarily designed to enable inmates to maintain ties with their family. Release furloughs are available for those inmates who are eligible for parole. These are used as a transitional feature between institutionalization and the granting of parole. Approximately 48,000 furloughs are granted annually and, of these, about 5 percent are abused in some way. Examples of abuse usually include returning late, arriving under the infl uence of alcohol or other drugs, or not returning at all.
There are other signifi cant characteristics of the Act. For example, inmates are allowed conjugal visits. Although correspondence may be scrutinized, it is not censored (with the possible exception of high-secu- rity risks). Telephones are readily available. There are no prohibitions on an inmate’s choice of reading matter; in fact, each institution subscribes to a number of newspapers and popular magazines. Moreover, legal ref- erence materials are available in each institution and an inmate can bor- row books from the local public library. This last feature is a useful illustration of the country’s general attitude toward prison inmates. Offenders have the same rights to general social services as do law-abid- ing citizens. Thus, a variety of groups, such as health and social services, local education councils, housing and employment bureaus, and cultural
WORLD CRIMINAL JUSTICE SYSTEMS280
institutions, work in conjunction with correctional administrators to meet the needs of inmates.
Regimens The Act on Correctional Treatment in Institutions has been described as an enlightened approach for establishing a more humane environment and just treatment of incarcerated offenders. To illustrate the accuracy of this characterization, three methods of applying this approach have been singled out for closer scrutiny. By examining these, one can develop a sense of the range of facilities available and how they comply with the intent of the Act.
In 1965, a new high-security prison opened in Kumla. It was designed and built at a time when the notion that larger institutions would be more cost-effective was popular in Swedish penology. Originally designed to hold more than 435 inmates, Kumla has a 21-foot wall around it. The emphasis on security was augmented further by an extensive television and radar monitoring system. Like other closed prisons, Kumla main- tained a policy of random searches of inmates at any time and any place. In addition to living blocks for regular prisoners, who have a good deal of mobility in the institution, Kumla also has two special blocks. One contains a hospital, psychiatric ward, temporary detention unit, and disciplinary section. The other is designed for inmates who are deemed unsuitable for the regular living blocks. This includes dangerous offend- ers who are most likely to attempt an escape.
As a result of protests from KRUM and changes in attitude toward prisons, Kumla has undergone a number of changes. It has been rede- signed to hold 206 inmates and employs a staff of almost 300. The high ratio of staff to inmates is common throughout the system. All inmates in Kumla are serving long sentences by Swedish standards (that is, one or more years). Inmates have been either sent directly to the institution or transferred there after it was determined that they were a security risk. Inmates are either employed in one of the traditional prison workshops or participate in one of the full-time educational programs. These pro- grams range from elementary school to the university level and are run by teachers from the area’s educational institutions. Furloughs and con- jugal visits of up to three hours in length are available. Finally, with the exception of those individuals identifi ed as high-security risks, inmates are granted sojourns to the local community in order to participate in cultural and sporting events.
Another example is the open national prison at Tillberga. This insti- tution illustrates one side of a recurring debate that addresses whether goods produced in prison industries should be sold in an open or closed market. In most countries that have powerful labor unions, legislation has been passed to prevent the sale of goods on the open market. Opponents of this policy argue that it hinders the correctional institution from becoming more cost-effective. Since 1972, Sweden has been
CHAPTER III • SWEDEN 281
experimenting with a free market scheme at Tillberga. There are approximately 80 inmates at the facility; of these, about 40 are employed in the construction of prefabricated houses, which are sold on the open market by a state-owned company. All workers are members of the con- struction union and are paid the free market wages negotiated by the union. The union agreed to this idea as long as three conditions were met: (1) the inmates would be paid the same wages as other building- trade members, (2) the houses would be sold at the same price as private companies, and (3) the housing market remained strong.
One caveat is in order, however. The inmates are paid only 70 percent of the wages that their counterparts receive from private fi rms. Behind this discrepancy is the fact that inmates are not subject to the national income tax, which takes about 30 percent of a factory worker’s wage. Inmate workers do not pay taxes because of a confl ict between two laws. One law states that all tax returns are a matter of public record; the other states that inmates have a right to privacy. Thus, to avoid a violation of either law, the inmates receive a lower wage.
It should be pointed out that Sweden’s privacy law assists inmates in another way. Unless an offender is a well-known person, Swedish newspapers cannot publish the names of people accused or convicted of crimes. Moreover, employers cannot ask a potential employee if they have served a prison term.
It has been pointed out that many of Sweden’s incarcerated offenders are not attracted to the Tillberga scheme (Serrill, 1977). One reason is that the work is hard, but another reason frequently cited is that the inmate is given only 25 percent of his or her wage to spend. The rest is used to pay for food, support the inmate’s family, and pay any debts. The remaining sum is placed in a savings account that the inmate receives upon release. The money a Tillberga inmate receives to spend while incarcerated is actually less than that awarded inmates in other institu- tions, for the latter receive all of the money remunerated for their work. Despite these problems, the authorities appear to be pleased with the scheme and have introduced it at Skogome, a closed national institution. Inmates at Skogome work in either a laundry or clothing industry.
Finally, although Sweden appears committed to utilizing more open facilities and decreasing the amount of restrictions in closed institutions, they are faced with a serious issue of managing inmates who suffer from problems with alcohol or other drugs. It is in this context that the drug treatment programs at the Osteraker national prison for men and the Hinseberg national prison for women deserve consideration. Before these programs are described, however, it is important to explain briefl y the country’s approach to drug abuse.
For years, the principal drug in Sweden has been alcohol, and that remains the case today. Like much of the Western world, concern for narcotic abuse became a signifi cant issue in the mid-1960s. The country’s
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fi rst piece of penal legislation directed at this problem was the Narcotic Drugs Act of 1968. In a span of just fi ve years, this legislation was revised three times. The principal reason for these revisions was to increase the severity of sanctions. Today, the maximum penalty is a 10-year prison sentence.
Correspondingly, criminal justice authorities developed an enforce- ment strategy to fi t not only this legislation but also the prevailing phi- losophy toward correctional care. Throughout the 1970s, emphasis was directed at drug traffi ckers, while the abuser was offered treatment instead of prosecution and punishment. That policy changed in 1980. Law enforcement had been fairly successful in curbing drug traffi ckers, as there was an apparent decline in serious drug offenses. This led the Director of Public Prosecutions to call upon law enforcement to shift their efforts to abusers. As such, arrests and sanctions, which already had the force of law but were simply not utilized because of prosecutorial discretion, were now imposed on people found guilty of less serious drug offenses. This change in policy led to a decline in the number of drug addicts treated in psychiatric care facilities and to an increase in those being sentenced to prison (Svensson, 1986).
Another impetus for the change in policy was legislation passed in 1982. The Social Services Act emphasized the voluntary treatment of people abusing alcohol and other substances. This was essentially a pro- active approach directed at young people. At the same time, the Compulsory Care of Alcohol and Drug Abusers Act and the Compulsory Care of Young Persons Act also came into effect. These were reactive approaches directed at serious abusers. In the former case, adult abusers could be taken into custody for up to four months for compulsory treat- ment. In the latter case, young people up to the age of 20 could be taken into custody for social care for up to six months.
The two compulsory care acts were superseded with the passage of the Act on the Treatment of Alcoholics and Drug Misusers, which went into effect in 1989. While this legislation acknowledges that treatment should be based on a person’s willingness to seek help, it contends that there are times when a person is unwilling to do so. In the belief that they are seriously endangering their health and possibly infl icting harm on others, a county court with the assistance of the local social welfare board can order coercive treatment. Section 3 of the Act defi nes coercive treat- ment as an attempt “to motivate the misuser so that he can be presumed to be able voluntarily to collaborate in continued treatment and accept support to discontinue his misuse.”
Under this legislation, a person can be taken into immediate custody for coercive treatment in either a treatment home or in a hospital. According to Section 20 of the Act, the period of treatment would cease “as soon as the purpose of the treatment is achieved and at the latest when treatment has been undertaken for six months.” People subjected
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to this treatment are provided with certain procedural rights. For example, they are permitted to review the documents that were used by the authorities to issue such an order. Moreover, they have the right to make a written statement to the court, to request an oral hearing in court, and to utilize the services of a public defender at the court’s discretion.
Compared to the previous decade, this strategy shifted the emphasis to incarceration either in a prison, a psychiatric facility, a treatment home, or a hospital. According to the Prison and Parole Service, roughly two of every three prison inmates has a drug abuse problem and one out of every two have been sentenced for an alcohol-related offense. In the Swedish context, this is signifi cant—especially if one considers that the total prison population on any day is approximately 4,000 inmates. It is this fact that brings the treatment programs at the Osteraker national prison for men and the Hinseberg national prison for women to our attention.
While drug treatment programs are available at several prisons, the program at Osteraker is considered the most comprehensive (Pettersson, Sundin-Osborne, and Bishop, 1987). It was initiated in 1978 and has space for 50 participants. Special areas of the prison have been earmarked for the program, and there is a close working relationship between treat- ment staff and participants. Although the treatment staff is autonomous within the prison, they coordinate their efforts with prison offi cials.
Inmates must apply for entry to the program, which lasts a minimum of eight months. Once an inmate is accepted into the program, a treatment plan is designed for his needs. Rules prohibit unruly behavior and drug use, and inmates must agree to daily monitoring through urine tests. The prin- cipal components of the program include role playing, work training, study, and social skills. Thus, it is similar to therapeutic techniques employed elsewhere, but it has been tailored for use within the prison setting.
Because inmates must volunteer for the program, it is recognized that personal motivation is an important factor in measuring the program’s success. In a preliminary examination of the Osteraker program, the fol- lowing information was identifi ed. During the two-year period of the study, 133 inmates were accepted into the program. Of these, 70 completed it, while 63 dropped out. Of the total population of the group, 80 percent had been in prison before. Of these, 55 had violated the Drug Act, 45 had been convicted of theft, and 10 had been sentenced for a violent crime. In addition, two-thirds of the population were under 30 years of age.
Following release from the Osteraker program, recidivism rates were examined. Recidivism was defi ned as receiving a sentence to imprison- ment or a probation order within two years following conditional release from the program. Of those completing the program, 32 participants (46%) did not recidivate, three (4%) were placed on probation, and 35 (50%) were sentenced to prison. Of those not completing the program, 10 participants (16%) did not recidivate, four (7%) received probation, and 47 (77%) were imprisoned again.
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While the program at Osteraker emphasizes drug treatment, the program for women at Hinseberg focuses on achieving a drug-free envi- ronment (Bishop, Sundin-Osborne, and Pettersson, 1988). Like Osteraker’s, the Hinseberg program was initiated in 1978. With this pro- gram, the women did not have access to professional drug therapy as was the case at Osteraker. On the other hand, the women did have access to other inmates who were not in the program during work and study peri- ods, which was not the case at Osteraker.
Part of the impetus for the program was the recognition that when an inmate arrived at the institution, she had been held in a detention facility for one to two months. The time spent in detention was often the longest period that the inmate was drug-free, and many wanted to continue their period of incarceration in such an environment. The program’s principal objective was to maintain a drug-free environment. Therefore, two special drug-free wings were established at the prison.
The program can accommodate 20 inmates at a time. They are selected by the prison staff based on the desire to remain drug-free and a willing- ness to submit to urine tests and participate in special activities. The activ- ities consist of work, study, physical training, and leisure activities. There are also group discussion sessions and individual treatment programs. In addition, a prison staff member is assigned to each woman in the program to assist in achieving individual goals and addressing any problems.
A study was conducted to determine the short-term and long-term effects of the program (Bishop, Sundin-Osborne, and Pettersson, 1988). The study included 80 inmates who had entered the program after January 1979 and left by December 1981. One of the women had two stays in the program. Of the 81 stays, 42 were completed according to the program, while 39 were interrupted. Of the interrupted cases, 14 were at the request of the inmate, while the others were the result of some violation of the program’s rules. The study concluded that the goal of achieving a drug-free environment was very successful, as urine tests found only four inmates testing positive once, and only one testing posi- tive twice. Researchers further discovered that successful participants tended to have completed elementary school, had a record of employ- ment, and did not have a history of injecting drugs.
In a two-year follow-up study, the researchers found that 50 percent of the women who completed the program remained drug-free and 24 percent of the dropouts remained drug-free. One-half of the 80 partici- pants did recidivate and were sentenced to either prison or probation. Of those sent to prison, more than one-half had dropped out of the program; they tended to be the participants who used alcohol or other drugs excessively.
The researchers concluded that the program was a total success for 25 percent of the participants. They based this assessment on three crite- ria: (1) the absence of drug use, (2) the absence of recidivism, and (3) a
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positive attitude toward their occupations. Occupations included work, school, vocational training, job programs, drug treatment, and child care.
The researchers further held that the program has had some positive benefi ts for the entire prison. Each inmate is assigned a prison staff mem- ber as a contact person who will assist in building better social relation- ships. There has been a shift in emphasis within the total prison to assure a drug-free environment.
Parole Parole is an important component in a correctional system that prides itself on providing treatment for offenders in both an institu- tional setting and upon release. The Penal Code states: “[a] person serv- ing imprisonment for a fi xed term shall, except as otherwise provided … be paroled after having served one-half of the term. However, parole may not be granted before at least two months have been served.” Presently, inmates serving more than two months but less than two years are paroled after serving one-half of their sentence. These decisions are determined by local probation boards. The National Paroles Board is empowered to make parole decisions for inmates serving more than two years in a national institution.
When an inmate is eligible for parole, a probation offi cer is assigned to the case. The offi cer visits the inmate in prison and begins to make appropriate contacts in the community. This could involve notifying fam- ily or arranging a place of residence and employment. Various studies, however, have suggested that many prisoners do not believe that offi cers have assisted them in reintegration.
During the term of parole, a parolee is expected to maintain contact with a probation offi cer, to secure a residence, and to seek employment. If a court orders a parolee to provide compensation for a crime, the person is expected to comply to the best of their ability. If a parole board believes a person should be subject to special directives in order to enhance the prospects of rehabilitation, it may order what it deems necessary. Such directives may include residing at a specifi c place for a period of time (which cannot exceed one year), securing an appointment in a job train- ing program, seeking medical care, or participating in a treatment pro- gram. A board can issue a warning if a parolee fails to abide by the directives of the release; in extreme cases, it can have the parole order revoked.
Noninstitutional Sanctions
The central principle of Sweden’s sanctioning rationale is to avoid, if possible, the imposition of a prison sentence. This effort has led to an increased utilization of noninstitutional approaches and a greater
WORLD CRIMINAL JUSTICE SYSTEMS286
emphasis placed on nonpunitive programs. What follows is a description of these noninstitutional methods.
A conditional sentence is a form of probation in which the offender is not supervised by a probation offi cer. It is imposed upon people who have committed an offense that is punishable by imprisonment but whose prognosis is such that they are unlikely to commit another crime. This sanction serves as a conditional warning to refrain from criminal activity; it is imposed for a period of two years. Although offenders retain their liberty under this scheme, a conditional sentence can be accompanied by other orders. For example, a person could be enjoined to provide com- pensation for damages and a day-fi ne could be imposed. Offenders also may be given a warning if they fail to comply with court orders. The order may be altered somewhat, or the sentence could be revoked and a new sanction imposed.
A probation order is another noninstitutional sanction that can be imposed on offenders who have committed an imprisonable offense. It differs from a conditional sentence in that the person is placed under supervision. Moreover, as part of a probation order, an offender can be sentenced to a short term of imprisonment that does not exceed three months. Probation orders are imposed for a period of three years. If it is determined that a person no longer requires supervision, the order can be revoked after one year.
Although offenders retain their liberty while under supervision, they can be subject to other court orders. Like the person who has been con- ditionally sentenced, a probationer can be enjoined to provide compen- sation for damages and a day-fi ne can accompany the probation order. Local probation boards can issue special directives to probationers. These directives usually include maintaining contact with a probation offi cer and notifying the offi cer of their place of residence, employment, or schooling. Failure to comply with a court’s order or a probation board’s directive may lead to a warning, an alteration in the order or directive, or the revocation of the order and the imposition of another sanction.
Since the passage of the Act on Correctional Treatment, the use of probation orders has increased considerably, with approximately 6,500 people placed on probation each year. This has led to an expansion in the number of professional probation offi cers assigned to the 30 probation districts. This system is actually dependent upon the use of lay supervi- sors who are paid a token remuneration for their work. Professional probation offi cers train and supervise the lay supervisors and then assign them to probationers.
The use of probation has not escaped criticism, however, especially among offenders who claim that lay supervisors and probation offi cers have been ineffective in assisting them. In 1972, an experiment was intro- duced at Sundsvall, a parole and probation district in the north of Sweden (Kuhlhorn, 1975). The experiment involved increasing resources for the
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Sundsvall district in the hope that recidivism rates would decline. More staff and facilities were made available to probationers, and a person was assigned on a full-time basis to assist in securing employment for the clients. Unfortunately, the amount of contact between the supervisor and the probationer did not increase. The results of the evaluation concluded that there was not a signifi cant reduction among the Sundsvall clients’ rate of recidivism, abuse of alcohol, or work habits, compared to other probation districts that did not receive additional resources. Despite these fi ndings, correctional authorities remain committed to the idea that pro- bation has the potential of being a more effective and suitable sanction than imprisonment.
If it is determined that an adult convicted of a criminal offense is in need of psychiatric care because he or she suffers from a mental disease, feeble-mindedness, or some other mental problem, a court may order that he or she be surrendered to special care. This could involve care in a mental hospital or treatment through an open psychiatric care facility.
Another type of probation, contract treatment, was established in 1988. It is a special form of probation that is designed for crimes related to alcohol or other drugs. The offender must agree to participate in a treatment program as an alternative to imprisonment. If the participant fails to comply with the treatment order of the court, the contract is terminated and the offender is sent to prison.
Community service is another form of probation. Initially, this started as a pilot project in fi ve districts and has now spread throughout the country. It entails performing unpaid work of between 40 and 240 hours for nonprofi t associations and organizations. While mainly utilized by younger offenders, it is not limited to that age group.
The fi nal type of noninstitutional sanction is a fi ne. Fines are used extensively in Sweden’s sentencing scheme and have been employed for more than 50 years. Fines serve a useful alternative to imprisonment and probation when these sanctions are considered inappropriate, but they also can be imposed on offenders in addition to one of the other sanctions.
There are three types of fi nes. A traditional fi ne is used in cases involv- ing petty offenses, such as some traffi c offenses or drunken and disorderly behavior. Traditional fi nes are based on the seriousness of the offense and range from 100 to 2,000 kronor (5,000 kronor if more than one offense has occurred). A corporate fi ne can be imposed for a crime committed in the course of a business transaction. Although rarely used, a corporate fi ne can range from 10,000 to 3,000,000 kronor. It should be noted that penalties for parking violations are not regarded as fi nes, but they are monetary in nature and fi xed by a schedule issued by the Offi ce of the Prosecutor-General. The charges range from 75 to 300 kronor.
It is the day-fi ne, however, that has received the greatest attention from students of comparative sanctioning methods. The idea behind a
WORLD CRIMINAL JUSTICE SYSTEMS288
day-fi ne is to consider two factors before imposing the actual sanction. First, the number of day-fi nes fl uctuates according to the gravity of the offense and can range between 30 and 150 days. If an offender is sentenced for several offenses in which a day-fi ne is appropriate, the maximum number is raised to 200. Second, the amount of a day-fi ne is determined by the per diem income of the offender; therefore, the monetary value of a day-fi ne varies according to the economic circumstances of the offender. The amount can vary from 450 to 1,000 kronor. Thus, the largest day- fi ne that is imposed for one offense is 150,000 kronor (150 × 1,000) or 200,000 kronor (200 × 1,000) for multiple offenses.
It has been pointed out that the imposition of day-fi nes rarely reaches the maximum limits allowed. One reason for this is that approximately 70 percent of the day-fi nes are determined by prosecutors. The fact that prosecutors cannot independently impose more than a 100-day day-fi ne considerably reduces the number of people sanctioned to the maximum penalty under this scheme (Thornstedt, 1986). In any case in which a day-fi ne is deemed an appropriate sanction, both prosecutors and courts consider an offender’s total economic circumstances before determining the actual day-fi ne. For example, they review a person’s fi nancial liabili- ties in addition to his or her salary.
People can be granted extensions on the payment of any fi ne, or they can establish an installment plan to pay it off. If a person fails to pay a fi ne and collection is determined harmful to the offender or their depen- dents, the authorities may cease collection if it is determined that it is not in the public interest. Failure to pay a fi ne may be converted to a sentence of imprisonment for a term of 14 to 90 days, but this is rare. Of the roughly 300,000 fi nes imposed each year, approximately 40 cases are converted to a period of imprisonment (Thornstedt, 1986).
Critical Issues
The National Council for Crime Prevention issued a report in the late 1970s titled “A New Penal System,” which expressed the views of one of the Council’s advisory committees (National Council for Crime Prevention, 1978). Although some of the ideas presented were not new, the document served as a useful guide to what many in Sweden saw as the critical issues facing their correctional system. It should be pointed out that some of the concerns raised in the report had already been addressed. Youth imprisonment and internment sanctions, for example, were abolished, and the minimum term of imprisonment had been lowered from one month to 14 days.
The committee’s principal concern, however, centered on the depri- vation of an offender’s liberty. It pointed out that the logic behind incapacitating an offender was based largely on a belief that this was an
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effective method of preventing the commission of other crimes by an individual. The committee was critical of this logic on two counts: (1) The theory was based on the assumption that it was possible to predict future behavior. While the committee recognized the ability to identify high-risk groups, it argued that it was not possible to predict individual behavior. (2) The other problem was the ethical consideration that too many offenders were being incapacitated for what they might potentially do in the future rather than for their actual crime. In light of this reasoning and the unlikely abolition of imprisonment as a sanction, the committee recommended lowering the rate of imprisonment.
In the late 1980s, another government committee began to explore the possibility of reducing the length of sentences for most crimes. The rationale for this idea was based on two concerns. Under current condi- tions, most inmates were not serving a signifi cant portion of their sen- tence. There was a concern that, as the public became aware of this fact, they would lose confi dence in the justice system. The other concern involved the sentencing practices of some judges. Judges who opposed the current method of early release might sentence people to longer peri- ods of imprisonment in order to assure a period of incarceration that was originally intended. In addition, the committee had recommended that all inmates be released automatically after serving two-thirds of their sentence. If adopted, this proposal would eliminate the need for the National Paroles Board (Martinsson, 1987).
The committee that helped draft the 1978 report also suggested that a clear line be drawn to distinguish between punishment and treatment and that the choice of punishment be based solely on the crime. This lat- ter issue was resolved, in part, with the annulment of Chapter 1, Section 7, of the Penal Code, which stated “that the sanction shall serve to foster the sentenced offender’s rehabilitation in society.” With regard to the issue of treatment, the committee was of the opinion that treatment be determined by the offender’s social and medical needs, but only with the individual’s willingness to participate in a program. They maintained that forcing inmates into programs was simply another form of state coercion that perpetuated the negative and alienated attitudes of inmates.
The Social Services Act of 1982 appeared to comply with that philoso- phy, as it emphasized the voluntary treatment of people suffering from alcohol and other drug dependency. However, two other pieces of legisla- tion passed in that year—the Compulsory Care of Alcohol and Drug Abusers Act and the Compulsory Care of Young Persons Act—mandated the surrender to care of those people seriously endangered by substance abuse. That position was strengthened further in 1989 with the passage of the Act on the Treatment of Alcoholics and Drug Misusers. As was indi- cated earlier, this legislation authorized the use of coercive treatment. In light of these kinds of legislation, some people benefi ted from Sweden’s
WORLD CRIMINAL JUSTICE SYSTEMS290
attempt to expand its goal of more humane care, while others were being forced to participate, irrespective of the humane care provided.
Presently, a central goal of the Swedish correctional system remains the establishment of as humane a prison regimen as possible. While treat- ment is an important component of the regimen, it is no longer the ratio- nale for imposing a prison sanction. Quite simply, the sanction is used to isolate people what have been found guilty of serious criminal behavior.
Finally, brief mention should be made of how the goal of maintaining a humane prison regimen relates to the country’s broad social policy of enhancing equality for women. Women represent a very small proportion of the prison population. As such, there are only six prisons specifi cally set aside for their use throughout the country. Given the size of the country, this organizational fact often makes it diffi cult for the inmates to maintain close and frequent contact with friends and relatives. While female inmates share some of the social-psychological problems with their male counterparts, such as substance abuse, a poor work ethic, and failed personal relationships, their psychological problems are often compounded further if they have children placed in a care facility.
In 1998, the National Prison and Probation Administration established a set of principles that are designed to address the specifi c needs of the female inmate population. They include:
1. Women sentenced to imprisonment shall be placed in prisons intended only for women or in wings that are separated from those housing male prisoners.
2. Women’s needs and issues should be addressed in a woman-focused environment that is safe, trusting and supportive.
3. Hospital and psychiatric facilities suitable for women shall be provided.
4. Women whose sentences include expulsion orders shall be dealt with taking their special circumstances into account.
5. Visiting apartments shall be provided.
6. Visiting rooms adapted to the needs of children of differ- ent ages shall be provided at all prisons housing women.
7. Programme activities and premises shall be designed tak- ing into account the special needs of women prisoners.
8. Staff shall be trained to deal with crime from a gender perspective (Ministry of Justice, 2000).
It should be noted that some of these guidelines are applicable to prisons housing men.
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JUVENILE JUSTICE Despite the high standard of living and the signifi cant amount of
resources that have been earmarked for their welfare state, Sweden has not been spared the rise in crime among juveniles that has plagued so many industrialized countries. According to one source, the crime rate has increased 400 percent among the entire population since World War II. Crime among young people in the 18- to 20-year-old group has risen 500 percent, while the rate for juveniles between 15 and 17 increased 700 percent (Sarnecki, nd).
Property offenses and theft—especially of vehicles—are considered the more serious problems, but in recent years concern has been directed at the level of violent crime among juveniles (Von Hofer, 2000). Both victim and self-report surveys indicate that youthful perpetrators are often between the ages of 15 and 17, and that the most frequent offend- ers are in the 16- to 17-year-old age group (Dolmen, 1990). Moreover, as with adults, juvenile criminal activity is frequently linked to alcohol consumption and, in more recent years, abuse of other drugs.
Drug use escalated signifi cantly among young people in the 1990s. One study indicated that the level of drug use among people in the ninth grade had tripled in the decade, and the heavy use of drugs by people under 20 years of age had also tripled. As a result, the police doubled the number of offi cers who focus their attention on this problem. This led to a quadrupling of drug convictions for people between 15 an 20 years of age. The likelihood of a prison sentence for those convicted has also increased (Tham, 2005). The Swedish model would emphasize rehabilitation during the period of incarceration.
Of particular concern is the degree to which specifi c crimes, such as burglary, robbery, and theft, are concentrated in urban areas where the opportunities for delinquent behavior are greater and the social control links are weaker (Wikstrom, 1990). As one might expect, the highest crime rates are found in the greater metropolitan areas of Stockholm, Götenburg, and Malmö, where approximately 185 crimes per 1,000 inhabitants were reported in 1988. Illustrative of the increased opportu- nities for delinquent behavior is the fact that in 1950 there were about 250,000 automobiles throughout the country, and only a few thousand were stolen that year, whereas in 1990, there were approximately 3.4 million cars, of which 60,000 were stolen per year (National Council for Crime Prevention, 1990).
Swedish authorities maintain that juvenile crime continues to increase, but available data on juveniles charged or convicted indicates that there was a decrease during the fi rst half of the 1980s. This discrepancy is largely linked to law enforcement’s manner of dealing with Sweden’s age of criminal responsibility, which is 15. The police rarely interrogate or
WORLD CRIMINAL JUSTICE SYSTEMS292
investigate offenses that are assumed to have been committed by a juvenile under this age. Delinquent acts of children under the age of 15 are the responsibility of the local social welfare agency. These offenses are not recorded in the police registry.
One expert has suggested that this policy has led police to lose interest in certain kinds of petty juvenile crime that they believe to be committed by juveniles under 15. In light of this, a large number of instances of petty theft or destruction of property reported to police are never cleared by them. Thus, while the number of juveniles charged by police may have declined, it is believed that the number of offenses committed by juve- niles continues to rise (Sveri, 1986).
A change in the law in the mid-1980s enabled law enforcement to alter its policy regarding involvement in offenses allegedly committed by young people under 15 years of age. The age presently used as the bench- mark is 12. This change should lead to a reduction in the inconsistencies of determining the level of criminal activity among juveniles. This modi- fi cation in the law will be discussed in greater detail later in the chapter.
The National Council for Crime Prevention has focused a good deal of attention on the nature of juvenile delinquency among boys (Sarnecki, 1985, 1986). From this research, they have offered the following profi le of the problem. Approximately 80 to 90 percent of young boys violate some criminal law, and they usually commit the offense as part of a group. Most commit only one or a few minor crimes, such as the destruc- tion of property or a petty theft. A few, however, commit several offenses, some of which are serious.
This behavior is viewed as part of the socialization process of young boys when joining a group. The criminal acts are actually committed more out of an interest in fun than with any specifi c intention to cause harm. It also was discovered that a group or gang will often dissolve after a short period of time. This signifi cantly reduces the likelihood that mem- bers of the gang will continue their delinquent behavior.
There are occasions, however, when a gang’s criminal behavior is quite active. In such instances, the gangs will recruit younger members who eventually take over the leadership of the group and perpetuate its delinquent activity. Members of these more active gangs are a particular concern, especially those boys who are suspected of committing more than two crimes before the age of 15. From what has been gleaned from the available data, these boys are more likely to continue their criminal behavior into adulthood. They are also more apt to have a serious prob- lem with drug abuse.
The council’s research, along with that of others, has profi led the social background of the juveniles who continue an active career of delin- quent behavior into adulthood. The fi ndings offered no real surprises. Prime candidates for delinquent behavior as juveniles have been children coming from homes where parent-child relationships are poor, discipline
CHAPTER III • SWEDEN 293
is lax, the father is an alcoholic, and the fi nancial circumstances are not promising. In addition, these children often had trouble making adjust- ments at school and lacked proper leisure-time activities (Sarnecki, 1989).
The juvenile justice system’s approach to delinquent behavior is char- acterized by a dual philosophy. First, it is committed to a social and medical treatment model. As such, the intervention of the traditional components of the criminal justice system has been deemphasized. For example, the Social Services Act of 1982 emphasizes the voluntary treat- ment of people who abuse alcohol and other substances. This is essen- tially a proactive approach coordinated by social service agencies and is specifi cally directed at young people.
There has been some criticism of this general approach over the past 20 years, in light of what researchers have learned about the utility of the treatment model and the ever-rising crime rate among juveniles. Some changes have already been introduced to address these concerns. As dis- cussed, the Compulsory Care of Young Persons Act went into effect in 1982 and has been revised on occasion. It calls for a reactive approach directed at serious abusers of alcohol and other drugs. Under its provi- sions, young people up to the age of 20 can be ordered into custody for social care for up to six months.
The law authorizes the police to become more actively involved with juvenile delinquents at an earlier age. In the past, police became involved with cases involving delinquents who had reached the age of 15. In light of the number of offenses allegedly committed by young people under this age limit, the new benchmark for police involvement is 12 years of age. Although it is unlikely that there will be a dramatic shift away from the treatment policy, these changes suggest that an attempt is being made to alter the balance. Voluntary treatment outside the formal justice sys- tem but within the social service community is continued and encour- aged when possible, but compulsory care within the social service context (as well as earlier involvement with agents of the justice system) is also acknowledged as a crucial ingredient in addressing juvenile delinquency.
The purpose of this section is to examine Sweden’s juvenile justice system. What follows is a brief description of the method of processing juvenile offenders, an explanation of the sanctions imposed, and an assessment of some of the critical issues confronting juvenile justice in Sweden.
Social Boards
Before the personnel and jurisdiction of the local social boards are described, it is important to explain how juveniles are classifi ed accord- ing to their age and level of criminal responsibility.
WORLD CRIMINAL JUSTICE SYSTEMS294
Responsibility of Juveniles In Sweden, the age of criminal responsibility is 15. Therefore, if a young person below this age commits a crime, he or she cannot be subject to prosecution or a penal sanction. Although police can investigate offenses committed by juveniles between the ages of 12 and 15, a prosecutor often heads the investigation if the case is of a serious nature. Moreover, social welfare authorities have the right to request the suspension of an investigation involving a person under the age of 15. Police rarely investigate offenses committed by young people under the age of 12, because that is usually the sole respon- sibility of the social welfare agency within the child’s district. Police may investigate and interrogate a person under 12 if special circumstances warrant it. Acceptable special circumstances include that the offense is considered serious or that adults are among the suspects in the case. Attempting to determine guilt, however, is not considered a special cir- cumstance. The Code of Judicial Procedure calls for the parents or guard- ians of children under 15 to be present at an interrogation, providing that this does not deter the investigation.
Although juveniles between the ages of 15 and 20 can be prosecuted and sentenced, this is rarely done—especially if the suspect is under 18. The prosecutor decides whether it is appropriate to bring charges against the person. When the offender is under 18, the prosecutor usu- ally turns the matter over to the local social board. This is also fre- quently done in cases involving people under age 20, but if the crime is serious, the prosecutor can bring charges against the juvenile. The court has the authority to reduce the sentence. Fines, probation, or a sus- pended sentence are frequently handed down in such circumstances. In exceptional cases, a person under age 18 can be sentenced to imprison- ment, but one can never be sentenced to life imprisonment. Moreover, offenders under the age of 21 who are sentenced to a correctional facil- ity may receive a more lenient sanction than that normally prescribed by the Penal Code.
Personnel Sweden does not have a separate court in its judicial hier- archy that specializes in juvenile cases. Should the prosecutor decide to charge a person who has reached the age of criminal responsibility, the offender would be tried in a regular trial court. This, however, seldom occurs. The body that functions like a juvenile court is the local social board. Each municipality throughout Sweden has a child welfare agency that is designed to handle both nondelinquent and delinquent children in need of specialized care. Within this administrative mechanism is the social board, which is composed of fi ve members. These members are elected by the municipal council and serve a four-year term. The board usually includes a minister, a school teacher, a person trained in law, and other people who are interested in juveniles. Board members are not paid a sal- ary, but they do receive reimbursement for some of their expenses. The
CHAPTER III • SWEDEN 295
board determines what type of measures will be taken against a juvenile who is brought before it. It receives a good deal of assistance in its work from professional social workers assigned to the child welfare agency.
Jurisdiction of the Board Social boards have both criminal and civil jurisdiction for people under 21 years of age. As was men- tioned above, the prosecutor may order a person who is at least 15 to stand trial in a regular court. Although this has been rare in the past, especially for people under 18, this attitude may be changing. Prosecutors are no longer offering wholesale dismissals of charges. Moreover, boards are not routinely recommending a waiver of prosecution in order to let the board determine the outcome of the case. The civil juris- diction involves care proceedings in cases in which the child is neglected or the parents or guardians cannot control the child’s behavior.
Procedures The procedures of the board are informal. The board is not concerned with establishing the offender’s guilt but rather with determining an appropriate treatment. This treatment should guarantee a protective upbringing for a child and enhance the likeli- hood that the child’s social outlook will change. The Social Services Act of 1982 requires that a board’s decision to place a child in custody be reviewed by an administrative court of appeal. On those rare occa- sions when a child is bound over for trial in a regular court, regular trial procedures are followed. Parents or guardians are required to attend all proceedings.
Disposition
The kind of disposition available to authorities in a case involving a juvenile is dependent upon which authority initially handles the mat- ter. There are two types of options available if the case is dealt with by a social board. The fi rst option is usually referred to as a preventive or voluntary measure. These measures are designed to aid the child or the family through social or fi nancial assistance. For example, a social worker may be appointed to offer guidance to both the child and the family, or the family may be in need of fi nancial assistance to help meet the needs of the child. The other option is frequently referred to as a protective or compulsory measure. The board endeavors to limit the application of these to more diffi cult cases. In most of these cases, pre- ventive measures have already been tried but have failed. The most common protective measure is to place the child in a family home (previously called a foster home). Another option is to place the juve- nile in a children’s home. These homes are normally designed for six to eight children. The more recalcitrant child will be sent to a reforma- tory, which can usually accommodate 20 to 30 juveniles. A board does
WORLD CRIMINAL JUSTICE SYSTEMS296
not specify the amount of time that a child will be placed in protective custody, but the custody cannot continue beyond the person’s twenti- eth birthday. Reformatories, however well intended they may be, can have the same adverse effects as a correctional facility. Thus, while at a reformatory school, the child is given extended leaves. The reforma- tory philosophy is not unlike that found in adult correctional institutions; the goal is to minimize the amount of time an offender must spend institutionalized. Because a protective custody decision is made without the child’s or the parents’ consent, both offender and family have a right to appeal the board’s decision to an administrative court of appeal.
As is the case with adult offenders, the prosecutor has a good deal of discretion in juvenile cases when the evidence is suffi cient to prose- cute. There are essentially three options. First, a prosecutor may decide to waive prosecution. This is often done. A waiver means that no fur- ther action will be taken against the offender, but the crime will be recorded in the police registry. In such instances, the offender must admit guilt in order to secure a waiver. If a juvenile continues to com- mit delinquent acts, a prosecutor can revoke the waiver. Second, a pros- ecutor can determine an appropriate sanction. The ability to dispose of a case in this manner is determined by three criteria: the offense must be minor, the juvenile must admit guilt, and the juvenile must agree to the sanction. Summary punishments are issued only in the form of a day-fi ne. The third option is for a prosecutor to bind a juvenile over to court for trial.
When processed through the regular court, a juvenile can receive many of the sanctions that are appropriate for adult offenders. Although imprisonment is a legally valid sanction for young people above the age of 15, it is rarely used. Usually a fi ne, probation, or suspended sentence is imposed. The Penal Code further states that offenders under the age of 21 can receive a milder sanction from what the code prescribes for adults who commit the same offense.
In 1987, there were 20,346 juveniles between 18 and 20 years of age whose cases were handled by either prosecutors or courts. Of these, 1 percent received care under the Social Services Act, 9 percent had the prosecution waived, 52 percent were fi ned by the prosecutor, 10 percent received a suspended sentence, 5 percent were placed on probation, 17 percent were fi ned, and 6 percent were sentenced to a term of impris- onment. Also in that year there were 14,817 young people between 15 and 17 years of age whose cases were handled by either prosecutors or courts. Of these, 4 percent received care under the Social Services Act, 45 percent had the prosecution waived, 38 percent were fi ned by the prosecutor, 1 percent received a suspended sentence, 1 percent were placed on proba- tion, 11 percent were fi ned, and 0.2 percent were sentenced to a term of imprisonment (Sarnecki, 1989).
CHAPTER III • SWEDEN 297
Critical Issues
It was pointed out earlier that the juvenile justice system of Sweden is characterized by a dual philosophy: commitment to a social and medi- cal treatment model and to the absence of intervention by traditional components of the criminal justice system. It is these two goals that have been the subject of much criticism in recent years.
Treatment Criticism of treatment is based on two concerns. The fi rst questions the effectiveness of the model. This concern, which is similar to that directed at adult treatment schemes, tends to be sup- ported by research studies. One study discovered that 75 percent of delinquent boys who are continually involved in criminal activity maintain that pattern of deviancy for a number of years (Sarnecki, nd). This suggests that the effi cacy of the treatment model is highly suspect, especially for the delinquent group that has the greatest need for treat- ment. Despite such fi ndings, Sweden’s policy toward delinquents has not been to implement harsher measures. In fact, the opposite appears to be true, for the government abolished the sanction of youth imprisonment.
The other criticism is the lack of cooperation among various agencies that have a role in the care of juveniles. Although social welfare agencies have the principal responsibility for juveniles, other agencies have a sig- nifi cant amount of contact with them. Schools, alcohol- and other drug- treatment programs, and local recreational departments are all involved with young people and attempt to assist in resolving their problems. Each of these agencies brings a different philosophical perspective to the prob- lem. While this is not necessarily bad, it does lend itself to a fragmented approach to the problem. Because each agency is generally a part of a separate government hierarchy, the inevitable bureaucratic problems may prove insoluble unless the bureaucracy is streamlined. To some extent, inroads have been made to resolve part of this problem. The Social Services Act of 1982 mandates that each municipality establish a social welfare committee that is ultimately responsible for all social services.
Intervention Another major criticism with respect to the current ideology toward juveniles is the lack of intervention by traditional com- ponents of the criminal justice system. The primary purpose of this policy is to reduce the stigma of deviant behavior and to avoid labeling a child delinquent. The implementation of this philosophy is evident in the tra- ditional procedural guidelines. For example, the police often are not involved in a thorough investigation of delinquent acts, for this has been considered the responsibility of the social welfare agency in the district. Moreover, the prosecutor must decide if an individual above the age of 15 should be bound over for trial in a regular court rather than have a
WORLD CRIMINAL JUSTICE SYSTEMS298
local social board handle the matter. The prosecutor often defers to the social board. Finally, courts often impose noninstitutional sentences, and all sanctions, whether institutional or noninstitutional, tend to be milder than those imposed on adults.
What the critics are concerned about is the coupling of this noninter- ventionist ideology with the treatment model. They claim that the system’s unwillingness to display society’s objection to juvenile deviant behavior may encourage the perpetuation of the irresponsible behavior. The critics are not suggesting that harsher measures, such as punishment, be imposed. They are strongly inclined, however, to favor a method in which the juve- nile will be made aware of society’s disapproval of their actions.
The validity of this criticism has been recognized by the government in recent years. As indicated earlier, police can now become more actively involved in delinquency cases when the offender is 12 years of age or older. Until 1985, when the law was changed, police were expected to refrain from involvement unless the offender was at least 15.
In 1990, a parliamentary committee was formed to examine the responsibilities accorded the social service system and those of the criminal justice system as it relates to juveniles. At issue was the goal of improving the coordination and cooperation between the two. Known as the Swedish Committee on Juvenile Delinquency, it focused its atten- tion on two issues: the sanctions imposed on juvenile delinquents and the methods of intervention with juveniles. The Committee presented its report to the Riksdag in 1993 (Swedish Committee on Juvenile Delinquency, 1993).
The Committee maintained that the penal system should be guided by four principles. First, the system should be based on humanitarianism, which would be illustrated by controlling the coercive aspects of punish- ments and by reducing the time between the commission of a crime and the imposition of a punishment. Second, sanctions should be predictable, which means the penalty would be fi xed and the consequences of a criminal action would be known in advance. Third, the sanction should be proportional to the crime, which would control for severity of the sanction. Finally, sanc- tions should be perceived as fair, which would involve issues of proportion- ality as well as equality before the law. Although the Committee argued that these principles could be applicable both to adults and juveniles, it main- tained that they should guide the sanctioning of juveniles.
In order to achieve these principles, the Committee acknowledged the need for greater cooperation among the police, prosecutors, and social service agencies. The Committee recommended that the sanc- tioning of juveniles be limited to: fi nes, conditional sentence, proba- tion, imprisonment, and a new sanction called “special supervision.” Under the current sanctioning scheme, the order for care within the social service system would be abolished. The recommendation to elim- inate this sanction was based on two factors: (1) the sanction is not
CHAPTER III • SWEDEN 299
compatible with the aforementioned principles, namely that care orders are based on the personal conditions of the juvenile; and (2) such orders are issued by local social boards. The Committee also recommended that only courts determine a sanction that is based on criminal behavior.
It is assumed that probation and conditional sentences would replace the care orders. The sanction of special supervision is designed to acknowledge the Committee’s view that imprisonment is not a suitable sanction for juveniles but that there is a need to deprive some juveniles of their liberty. A juvenile sentenced to special supervision would be assigned to a facility that presently handles care orders. The long-range plan, how- ever, is the eventual abolition of imprisonment as a sanction for juveniles. The Committee’s report is presently a series of recommendations that as yet do not have the force of law.
No doubt part of the reason for not implementing these recommen- dations has been the signifi cant increase in drug abuse among juveniles. For some drug abusers and those involved in other socially destructive behavior, the care order removes the young person from the environment that has placed them at risk. Finally, in 1999 a Youth Community Service Order was introduced that essentially parallels the community service order for adults, that is, performing unpaid work for a nonprofi t associa- tion for between 40 and 240 hours.
Diversion Sweden’s juvenile justice system has recognized the potential value of the creation of diversion programs. Diversion attempts to direct the juvenile away from the formal adjudication process. Its prin- cipal goal is to prevent juveniles from being labeled delinquent. From a broad perspective, diversion programs are designed for both nondelin- quent and delinquent youths. It already has been illustrated that prosecu- tors, courts, social boards, and juvenile caseworkers participate in achieving this goal. It is important to realize that the police are also actively involved in such endeavors.
Probably the most publicized method of police involvement in diver- sion is the unit known as the social police. Though some of the unit’s work is not solely directed at juveniles, the social police unit is consid- ered the principal method by which police can improve their relationship with young people. They also hope to divert some youths from getting caught up in the justice system. The idea for a social police unit has been around since the late 1950s, but it was not until the police were national- ized that the idea was implemented throughout Sweden. The social police are plainclothes offi cers who patrol streets accompanied by interested social workers. The purpose of this mixed patrol is to identify people who are in need of assistance. The police offi cer’s daily contact with the public helps to keep the local social board informed of incidents that may need their intervention.
WORLD CRIMINAL JUSTICE SYSTEMS300
The social police have another function. They are usually called on to teach law and justice classes in schools. In addition to explaining the legal system, they participate in pedestrian and road traffi c safety instruc- tion and assist in the educational programs on alcohol and other drug abuse. Finally, they have been active in initiating and participating in recreational programs at schools. Although one cannot measure the extent to which this kind of involvement has deterred juveniles from committing crime, it is generally accepted that these kinds of liaisons have encouraged a positive relationship and understanding between police and young people.
SUMMARY This chapter has offered an introduction to the Swedish criminal jus-
tice system. The major components of the system—the police, judiciary, law, corrections, and juvenile justice—were surveyed, along with an overview of the political system. The organization and administration were described; the various roles of the practitioners were explained; the legal process was examined; and some of the critical issues facing the system were assessed.
Sweden is noted for being an exceptionally stable and industrially prosperous country. Part of that success is attributed to the government’s ability to seek compromise and to reach a consensus that is benefi cial to a large number of the citizenry. This process is illustrated by the manner in which the government and the Riksdag thoroughly analyze an issue that will have a signifi cant long-term impact on the social system prior to enacting legislation. This style has important implications for the justice system, and the person who is given the greatest responsibility for direct- ing those efforts is the minister of justice. This ministry is concerned with criminal justice legislation, the police, criminal procedure, criminal courts, prisons, and probation.
To the American observer, Sweden’s justice system has resolved a number of problems that are frequently raised in the United States. For example, the police have been consolidated into a number of effi cient forces; there is a separate entry scheme for police commissioners; and new recruits are exposed to a broad range of police work, including criminal investigation. Judges and prosecutors are given special training for their responsibilities. Moreover, there is extensive utilization of lay- persons working in the system. The most signifi cant contribution that the Swedes have made to criminal justice is the development of a humane and just sentencing philosophy. Not just a theory, it has been translated into an action model with broad support.
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Library of Congress Cataloging-in-Publication Data
Terrill, Richard J. World criminal justice systems : a survey / Richard J. Terrill.–7th ed.
p. cm. Includes bibliographical references and index. ISBN 978-1-59345-612-2 (softbound)
1. Criminal justice, Administration of. 2. Criminal justice, Administration of–Cross-cultural studies. I. Title.
HV7419.T47 2009 364–dc22 2009033503
Cover design by Tin Box Studio/ Cincinnati, OH Chapter VII image by ©iStockphoto.com/ Amr abdelmonem abbas abdou
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<FEFF0053005000690020005000440046002f0058002d00310061002e002000520065006c00650061007300650020003000310020004a0061006e007500610072007900200032003000300035> >> >> setdistillerparams << /HWResolution [2400 2400] /PageSize [612.000 792.000] >> setpagedevice
