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NCJ Number: 120322 Find in a Library
Title: Criminal Justice Policy Without Legitimacy (From Crime Prevention and Intervention: Legal and Ethical Problems P 73-99, 1989, Peter-Alexis Albrecht and Otto Backes, eds.)
Author(s): O Backes
Date Published: 1989
Page Count: 27
Sponsoring Agency: Walter de Gruyter & Co
1 Berlin 30, Germany United
Sale Source: Walter de Gruyter & Co
Genthiner Str 13
1 Berlin 30,
Germany (Unified)
Type: Issue Overview
Language: English
Country: West Germany (Former)
Annotation: The responsibility for the legitimacy of preventive criminal justice policy belongs not to police nor prosecutor, but to the legislator.
Abstract: Preconditions for police intervention have changed from the legally regulated and precise to more flexibly interpreted, easily managed alternatives. Police emphasize the importance of combatting crime before it happens; Prosecutors have similarly generalized directives within criminal law. The criminal justice system is tied up with petty criminality and argues for more frequent dismissals in order to pursue the prosecution of semi-serious and serious criminality. Disregard for constitutional rights is prevailing and is the result of statutes that allow changing public values to determine prevention and criminal justice policy. The legislator must carefully examine whether and to what extent there is room for preventive measures in statutes, for each user of the law tends to interpret prevention for the sake of personal expedience. 76 notes.
Main Term(s): Crime prevention measures
Index Term(s): Constitutional Rights/Civil Liberties; Criminal justice ideologies; Laws and Statutes; Legislation
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