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Probation and Parole in a Constitutional Welfare State

NCJ Number
87126
Journal
Bewaehrungshilfe Volume: 29 Issue: 2 Dated: (1982) Pages: 154-169
Author(s)
W Heinz
Date Published
1982
Length
20 pages
Annotation
This article places the development of the West German probation and parole service in theoretical and historical context, traces its accomplishments, and identifies its problems and future challenges.
Abstract
The theoretical basis for probation and parole is marked in Germany by Franz von Liszt's turn-of-the-century criminological writings discrediting deterrent effectiveness of incarceration and advocating rehabilitation. As an institution of the criminal and juvenile justice systems, however, the probation and parole service dates only from 1953. Since then, penal sanctions have increasingly taken the form of various alternatives to incarceration, placing ever greater responsibility on the probation/parole system. In 1953, 21.3 percent of all convicted offenders were sentenced to prison, 69.5. percent were fined, and 9.2 percent were placed on probation; the same sentencing categories in 1980 were 6 percent, 80 percent, and 14 percent respectively. Probation sentences numbered 70,000 for the year. The principal critique of the service concerns the issue of effectiveness, since probation is revoked in 35 to 50 percent of the cases. Continued development of the service, however, is mandatory on humanitarian grounds. Improvements should be sought in staff training; implementation and evaluation of new assistance approaches; family, community, and victim involvement; and empirical research. A total of 63 references are given. Tabular data are appended.