skip navigation

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

 

NCJ Number: 64897 Find in a Library
Title: SENTENCING AND OFFENDER ASSISTANCE (FROM CONVICTED OFFENDER ASSISTANCE - YESTERDAY, TODAY, TOMORROW, 1978 SEE NCJ-64893)
Author(s): W MUELLER
Corporate Author: Friedrich-Erbert-Strasse 11a
Bundeszusammenschlusses Fuer
Straffalligenhilfe
West Germany (Former)
Date Published: 1978
Page Count: 14
Format: Document
Language: German
Country: West Germany (Former)
Annotation: RESPONSIBILITIES FOR PAROLE OR PROBATION DECISIONMAKING ARE OUTLINED ACCORDING TO WEST GERMAN AGENCIES CURRENTLY PERFORMING DECISIONMAKING FUNCTIONS.
Abstract: JUDGES ATTEMPT FIRST OF ALL TO AVOID THE NEED FOR INMATE RESOCIALIZATION BY IMPOSING PENALTIES OTHER THAN IMPRISONMENT WHENEVER POSSIBLE. THE COURT FOR EXECUTION OF SENTENCES, WHICH IS PROVIDED FOR BY LAW, CONTROLS AND COORDINATES ALL REHABILITATION EFFORTS IN BEHALF OF SENTENCED OFFENDERS. WHETHER MAIN TRIAL JUDGES SHOULD BE ABLE TO JUSTIFY THEIR SENTENCES FOR THE COURT OF EXECUTION OF SENTENCES WHEN THE NEED ARISES, AND WHETHER MAIN TRIAL JUDGES OR COURTS FOR THE EXECUTION OF SENTENCES ARE RESPONSIBLE FOR MONITORING THE SENTENCE OR FOR REVOKING PAROLE OF A PARTICULAR PRISONER REMAINS PROBLEMATIC. THE VALUE OF CREATING A PROSECUTOR'S OFFICE FOR EXECUTION OF SENTENCES TO COORDINATE ACTIVITIES OF AGENCIES FOR CARRYING OUT SENTENCES IS QUESTIONABLE. ADVANTAGES OF THE COURT FOR EXECUTION OF SENTENCES ARE GREATER FAMILIARITY WITH CASES AND UNIFORM TREATMENT OF OFFENDERS. THE COURT PROVES A DISADVANTAGE WHEN PRISON SENTENCES ARE TOO SHORT TO ALLOW REVIEW OF THE CASE OR WHEN RELEASE IS DELAYED, THEREBY DISCOURAGING THE INMATE OR INTERRUPTING THE INMATE'S TRAINING. PROGNOSES FOR INDIVIDUAL PRISONERS IN MASS INSTITUTIONS IS DIFFICULT, AND 'GOOD GRADES' ARE MEANINGLESS BECAUSE THEY MAY HAVE NOTHING TO DO WITH INMATES' ACTUAL BEHAVIOR. OFFENDER INTERVIEWS BEFORE THE SPECIAL COURT SHOULD NOT BE CONDUCTED AS AN ASSEMBLY-LINE PROCEDURE BUT SHOULD PERMIT EACH INDIVIDUAL TO EXPRESS HIMSELF FREELY AND SHOULD BE EVALUATED SEPARATELY. IN CONSIDERING THE PROGNOSIS FOR EACH OFFENDER, FACTORS SUCH AS ANTISOCIAL BEHAVIOR PATTERNS, DEGREEE OR CRIMINAL FIXATION, CONTINUED PRESENCE OF EARLIER CRIME CAUSES, AND THE INTERVAL SINCE THE OFFENSE SHOULD BE EXAMINED. A CERTAIN RISK IS ALWAYS INVOLVED, BUT IRRESPONSIBLE EXPERIMENTATION WITH REDUCED SENTENCES IS DISCOURAGED. REVOCATION OF PAROLE IS TO BE TREATED AS THE LAST RESORT, WHICH INDICATES FAILURE OF THE RELEASE ATTEMPT. SECONDARY SENTENCE MODIFICATIONS SUCH AS REDUCING THE TERM FOR DRIVER'S LICENSE REVOCATION AND SHORTENING THE SUPERVISORY PERIOD CAN ENCOURAGE RESOCIALIZATION. A UNIFORM METHOD FOR CALCULATING THE DURATION OF SEVERAL SENTENCES TO BE SERVED SEQUENTIALLY IS PRESENTLY UNDER CONSIDERATION. --IN GERMAN. (KMD)
Index Term(s): Court of limited jurisdiction; Germany; Laws and Statutes; Parole board; Parole board discretion; Parole hearing; Parole outcome prediction; Probation or parole decisionmaking; Probation or parole services; Rehabilitation; Revocation; Sentencing disparity
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=64897

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.