NCJ Number
90723
Journal
Revue de science criminelle et de droit penal compare Issue: 4 Dated: (October-December 1982) Pages: 719-731
Date Published
1982
Length
13 pages
Annotation
This comparative paper on the legislative content as well as the implementation of criminal justice penalties in France and West Germany deals with penalties that deprive offenders of liberty through incarceration as well as through various alternative measures to institutionalization.
Abstract
The first part of the paper assesses correspondence in the two countries between the formulation of the law regarding penalties that are deprivational of liberty and its practical application in the administration of justice. Next, the discussion concerns the basic principles upon which existing laws are based as well as the rationale behind the latest policy reforms in both countries. German reforms are assessed in retrospect (having come into effect in 1975), while French ones are discussed in terms of ongoing changes and anticipated effects. In the third section of the paper, particular focus is directed to the issue of sentence length, which is deemed the crucial aspect of a penalty that deprives one of liberty. Recommendations are made in conclusion one of liberty. Recommendations are made in conclusion regarding German policies on restricted liberty penalties.