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NCJRS Abstract

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NCJ Number: 64095 Find in a Library
Title: FEDERAL REPUBLIC OF GERMANY (FROM WORLD WITHOUT PRISONS ALTERNATIVES TO INCARCERATION THROUGHOUT THE WORLD, 1979, BY CALVERT R DODGE - SEE NCJ-64094)
Author(s): H J ALBRECHT
Corporate Author: Lexington Books
United States of America
Date Published: 1979
Page Count: 21
Sponsoring Agency: Lexington Books
New York, NY 10022
Format: Document
Language: English
Country: United States of America
Annotation: ALTERNATIVES TO INCARCERATION SPECIFIED IN WEST GERMAN PENAL LAW ARE DISCUSSED.
Abstract: THREE ALTERNATIVES TO IMPRISONMENT CURRENTLY EXIST IN WEST GERMAN PENAL LAW: FINES, CAUTION WITH SUSPENDED FINE, AND DISMISSAL WITH IMPOSITION OF FORFEITS. FINES ARE IMPOSED FOR MINOR OFFENSES, USUALLY TRAFFIC OFFENSES AND PETTY PROPERTY CRIMES, WHERE THE PRISON SENTENCE WOULD OTHERWISE BE LESS THAN 1 YEAR. THE INTRODUCTION OF THIS PROVISION PRODUCED A REDUCTION OF CONVICTED PERSONS SENTENCED TO PRISON FROM 36.2 PERCENT IN 1968 TO 16 PERCENT IN 1970. THE AMOUNT OF FINE IMPOSED IS BASED ON THE INCOME OF THE OFFENDER. A CAUTION WITH A SUSPENDED FINE PERMITS A JUDGE TO SPECIFY WITHOUT A FINE; HOWEVER, A FINE MAY BE IMPOSED DURING THE PROBATION PERIOD AT THE JUDGE'S DISCRETION. DISMISSAL WITH IMPOSITION OF FORFEITS PROVIDES THAT, WITH THE ACCUSED'S PERMISSION, A CASE CAN BE DISMISSED BEFORE TRIAL WITH THE PERSON CHARGED BEING REQUIRED TO PAY AN AMOUNT OF MONEY TO THE STATE OR A CHARITY. A PERIOD OF COMMUNITY SERVICE MAY ALSO BE SPECIFIED. THIS ALTERNATIVE AVOIDS THE INCURRING OF A CRIMINAL RECORD. ALTHOUGH STUDIES OF THE EFFECTIVENESS OF THESE ALTERNATIVES TO IMPRISONMENT HAVE BEEN FEW AND LIMITED, THE INDICATION IS THAT ALTERNATIVES TO IMPRISONMENT PRODUCE SOMEWHAT LESS RECIDIVISM THAN IMPRISONMENT. THERE IS HIGH PROBABILITY THAT WEST GERMANY WILL BROADEN ITS CONCEPT OF PRISON ALTERNATIVES MODELED AFTER OTHER EUROPEAN NATIONS. REFERENCE NOTES ARE INCLUDED. (RCB)
Index Term(s): Alternatives to institutionalization; Critiques; Fines; Germany; Judicial diversion
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=64095

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