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ALTERNATIVES TO IMPRISONMENT IN GERMAN LAW

NCJ Number
49482
Journal
Bewaehrungshilfe Volume: 25 Issue: 1 Dated: (1978) Pages: 23-36
Author(s)
V-H KUNERT
Date Published
1978
Length
14 pages
Annotation
THIS PAPER PRESENTS ARGUMENTS IN SUPPORT OF ALTERNATIVES TO INSTITUTIONALIZATION IN THE FEDERAL REPUBLIC OF GERMANY, INCLUDING FINES, PROBATION, SEMILIBERTY, AND COURT WELFARE WORK AND CONDUCT SUPERVISION.
Abstract
IN 1967, 87.7 PERCENT OF ALL MALE CONVICTS AND DETAINEES IN WEST GERMANY HAD PREVIOUS CRIMINAL RECORDS AND NEARLY 30 PERCENT HAD BEEN CONVICTED FROM 5 TO 10 TIMES. THESE STATISTICS POINT TO THE FACT THAT INSTITUTIONALIZATION IS NOT EFFECTIVE IN REHABILITATING AND DETERRING CRIMINALS, AND USE OF ALTERNATIVES IS ADVOCATED: REDUCTION OF PRISON TERMS, WOULD MEAN A CONSIDERABLE SAVINGS IN STATE FINANCES. ALTERNATIVES TO INSTITUTIONALIZATION ARE MORE COST EFFECTIVE BECAUSE CRIMINALS CAN USE COMMUNITY AND PUBLIC AGENCY RESOURCES. A WORKING PROBATIONER ADDS TO SOCIETY'S PRODUCTIVITY AND TO TAX REVENUES. SENTENCING NOW INCLUDES VARIOUS FORMS OF SEMILIBERTY--OPEN AND SEMIOPEN SENTENCES, REGULATED LEAVE ON PAROLE, ETC. FOR PERSONS CONVICTED OF PETTY CRIMES, FINES ARE COMMONLY USED. PROBATION PERIODS FOR MORE SERIOUS CRIMINALS ARE VERY IMPORTANT SEGMENTS OF STAGE SOCIALIZATION, BUT PROBATION OFFICER SUPERVISION SHOULD BE A REQUIREMENT FOR ALL PROBATION. PROBATION OFFICERS SHOULD IMPROVE THEIR WORK SKILLS AND KEEP IN CONSTANT CONTACT WITH SENTENCING JUDGES. COURT WELFARE WORK SHOULD BE ENLARGED AND IMPROVED, AND SUPERVISION OF CRIMINALS' CONDUCT SHOULD BE USED AS A THERAPEUTIC INSTRUMENT. (DAG)