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DEVELOPMENTS IN CRIMINAL LAW AND PENAL SYSTEMS 1976 HOLLAND, NORWAY, SWEDEN, WEST GERMANY

NCJ Number
52904
Journal
Criminal Law Review Dated: (JULY 1977) Pages: 404-417
Author(s)
D W STEENHUIS; J ANDENAES; N BISHOP; G KAISER
Date Published
1977
Length
14 pages
Annotation
REVISED ABORTION, DRUG, SEXUAL OFFENSE, AND TRAFFIC LAWS AND DISENCHANTMENT WITH THE THERAPEUTIC MODEL OF PRISON TREATMENT ARE COMMON THEMES RUNNING THROUGHOUT THESE FOUR SEPARATE COUNTRY REPORTS, EACH BY A LEGAL EXPERT.
Abstract
IN HOLLAND, A NEW ABORTION LAW, A STRONGER ILLEGAL DRUG LAW TO REPLACE THE OLD OPIUM ACT, EXPANSION OF LEGAL ASSISTANCE, AND AN IMPROVED LEGAL STATUS FOR INMATES WERE MAJOR DEVELOPMENTS IN 1976. THE NEW DRUG ACT DISTINGUISHES AMONG VARIOUS DRUG CLASSIFICATIONS AND PROVIDES STRONGER PENALTIES FOR DEALERS THAN FOR USERS. THE 'LAW SHOPS,' WHICH PROVIDE LEGAL AID TO THE POOR, WERE EXPANDED. PRISONERS WERE GIVEN THE RIGHT TO COMPLAIN TO A HIGHER COURT ABOUT ADMINISTRATIVE DECISIONS. NORWAY SAW THE FINAL DISMANTLING OF THE YOUTH PRISON SYSTEM. NOW THAT THE AGE OF CRIMINAL RESPONSIBILITY IS 14, THESE OFFENDERS ARE HANDLED AS ADULTS, AND THE COUNTRY IS BACK WHERE IT STARTED IN 1951 WHEN THE CONCEPT OF A JUVENILE JUSTICE SYSTEM WAS INTRODUCED. THE HISTORY OF DISENCHANTMENT WITH THE YOUTH JUSTICE SYSTEM IS TRACED. MORE LIBERAL ABORTION LAWS AND STRONGER DRIVING WHILE DRINKING LAWS WERE ALSO INTRODUCED. IN SWEDEN A TOTAL REFORM OF SEXUAL OFFENSE LAWS AND SIGNIFICANT CHANGES IN PROSECUTORIAL DISCRETION WERE PROPOSED. EXPANSION OF PROPERTY OFFENSE LAWS TO INCLUDE VARIOUS WHITE COLLAR CRIMES AND INCREASING PENALTIES FOR DRIVING WHILE DRINKING WERE ALSO SUGGESTED. THE PROBATION AND PAROLE SYSTEM UNDERWENT ADMINISTRATIVE CHANGES. THE REPORT FROM WEST GEMANY DESCRIBES THE MARKED CHANGES IN THE CRIMINAL JUSTICE SYSTEM FINALLY ENACTED INTO LAW. A SYSTEM OF DAY FINES, SIMILAR TO THOSE USED IN SCANDINAVIA, HAS BEEN IMPLEMENTED, PRISON ADMINISTRATION IS BEING MODERNIZED, AND VICTIM COMPENSATION IS BEING CONSIDERED. NEW LEGISLATION AGAINST WHITE COLLAR CRIME AND TERRORISTS HAS ALSO BEEN ENACTED. THE WEST GERMANY REPORT HAS LEGAL CITATIONS INCLUDED IN THE TEXT. (GLR)

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