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NCJ Number: 68456 Find in a Library
Title: PROBLEMS AND ASPECTS OF JUDICIAL MEASUREMENTS WITH YOUNG DRUG ADDICTS WHO COMMIT CRIMINAL ACTS
Journal: PSYCHIATRISCHE PRAXIS  Volume:4  Issue:3  Dated:(1977)  Pages:150-159
Author(s): B BRON
Date Published: 1977
Page Count: 10
Format: Article
Language: German
Country: West Germany (Former)
Annotation: THE SPECIAL PROBLEMS FACED BY WEST GERMAN JUVENILE COURTS IN SELECTING APPROPRIATE MEASURES AGAINST DRUG OFFENDERS ARE DISCUSSED.
Abstract: THE WEST GERMAN JUVENILE CODE IS COMMITTED TO REHABILITATIVE AND THERAPEUTIC RATHER THAN PUNITIVE GOALS. TO FULFILL THIS OBLIGATION IN DEALING WITH JUVENILE DRUG OFFENDERS, THE COURTS HAVE TO GRASP THE SPECIAL NATURE OF OFFENDERS AND OFFENSES. IN DETERMINING THE RELATION BETWEEN DRUG ABUSE AND THE OFFENSE, THE COURTS MUST DECIDE WHETHER THE OFFENSE (1) WAS PROMPTED BY INTOXICATION, (2) SERVED THE PURPOSE OF OBTAINING DRUGS, (3) SERVED THE PURPOSE OF SELLING DRUGS, OR (4) INVOLVED THE EXPLOITATION OF ANOTHER ADDICT'S NEED FOR DRUGS. THE DECISION WHETHER THE JUVENILE IS LEGALLY RESPONSIBLE FOR HIS OFFENSE NEEDS CAREFUL CONSIDERATION, ESPECIALLY SINCE THE EFFECTS OF MANY DRUGS ON THE JUVENILE PERSONALITY HAVE NOT BEEN SUFFICIENTLY EXPLORED. A TYPOLOGY OF DRUG DELINQUENTS IS PRESENTED TO HELP THE COURTS EVALUATE THEIR CLIENTS: WITH TYPE 1, DRUG ABUSE IS NOT ACCOMPANIED BY ANY OTHER CRIMINAL ACT; FOR TYPE 2, THE DRUG SERVES AS A CATALYST FOR CRIMINAL OFFENSES; WITH TYPE 3, DRUG ABUSE AGGRAVATES PREVIOUS BEHAVIORAL PROBLEMS; TYPE 4 SHOWS CONSIDERABLE CRIMINAL TRAITS WITH OR WITHOUT DRUG USE; AND FOR TYPE 5, DRUG ABUSE IS MERELY AN INCIDENTAL CHARACTERISTIC OF CRIMINAL OFFENDERS. WHILE TYPES 1 AND 2 REQUIRE ONLY THERAPEUTIC MEASURES, TYPES 3 TO 5 REQUIRE A VARIED COMBINATION OF THERAPEUTIC AND CORRECTIONAL MEASURES. ADEQUATE COURT ACTION WITH REGARD OF JUVENILE DRUG OFFENDERS MAY INVOLVE A COMPLETE RETHINKING OF THE PRESENT JUVENILE JUSTICE PROCESS, CONSIDERING THE POSITION OF JUVENILE DRUG ADDICTS IN AN OVERALL TREND TOWARDS ADDICTION IN WEST GERMAN SOCIETY AND THE PUBLIC ATTITUDES TOWARDS DRUG OFFENDERS WHICH ARE OFTEN GUIDED BY INCOMPREHENSION AND REJECTION. ADDITIONAL CONSIDERATIONS ARE THE HIGH COST OF PRESENT JUVENILE COURT MEASURES, AND THE NEGATIVE EFFECTS OF PRISONIZATION ON ADDICTED JUVENILES, THE PROBLEMS AND INADEQUACIES OF COURT PRACTICE. ALSO TO BE RECTIFIED ARE THE STIGMATIZATION OF DRUG OFFENDERS AS 'ORDINARY OFFENDERS,' THE INADEQUATE TREATMENT FACILITIES IN CORRECTIONAL INSTITUTIONS, AND THE LACK OF REHABILITATIVE ACTION AFTER RELEASE. THE ARTICLE INCLUDES A BIBLIOGRAPHY. --IN GERMAN.
Index Term(s): Drug dependence; Drug offenders; Drug Related Crime; Germany; Juvenile courts; Juvenile drug abusers; Juvenile rehabilitation; Sentencing/Sanctions
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=68456

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