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Imprisonment and the Criminal Justice System in the Federal Republic of Germany

NCJ Number
87136
Author(s)
J B Feest
Date Published
1982
Length
50 pages
Annotation
This survey of West Germany's corrections system concludes that recent increases in prison population will probably produce overcrowding along with program reductions and can be attributed to courts imposing longer sentences, the deteriorating economy, and increases in juvenile age cohorts.
Abstract
The 1976 Prison Act sets standards for correctional institutions and provides prisoners with rights and legal safeguards, although the latter are weakened by provisions giving prison officials discretion regarding the details. Compared to 1961, the prison population has decreased, although West Germany's incarceration rates remain among the highest in Western and Northern Europe. There were 163 prison facilities in West Germany in 1980, averaging about 340 prisoners per facility. Priorities set by prison officials are more and better trained therapeutic personnel and improved work opportunities for prisoners. One interesting feature of German corrections is the high number of home leaves granted to prisoners, probably because the program is inexpensive, reduces tensions, and has a low incidence of inmates not returning. West Germany has a relatively low detention rate, uses pretrial detention, and has basically determinate sentencing. While a decreasing number of convicted offenders are directly sentenced to imprisonment, more long sentences are being imposed. Victim surveys show that about 20 percent of all crime is reported to the police, and the police clearance rate is low. Tables and over 50 references are included.