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NCJRS Abstract

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NCJ Number: 70687 Find in a Library
Title: Socialistic Justice as the Principle for Assigning Penalties
Journal: Staat und Recht  Volume:26  Issue:2  Dated:(February 1977)  Pages:126-134
Author(s): E Buchholz
Date Published: 1977
Page Count: 10
Format: Article
Language: German
Country: East Germany (Former)
Annotation: The socialistic conception of justice and principles for applying just penalties to criminals are discussed following the East German party line.
Abstract: Sentencing is defined as a class-determined judgment of the social dangerousness of offenders' deeds. In the Marxist-Leninist context, justice is closely associated with equality and serves to further social progress: social justice eliminates class differences. Socialistic law is viewed as the most just that society has produced, but the law can only function effectively if lawyers understand the nature of that law. To assure proper application of socialistic criminal law, the relationship of offenders' personalities to their irresponsible actions must be evaluated. All the various social aspects of offenders' personalities must be considered and the sanction imposed must be in accordance with the social dangerousness of the crime. At the same time, any penalty assumes that offenders are capable of responsible action and selfdetermination. Just sentencing has become problematic in a number of socialist countries because factors other than dangerousness, e.g., the ability to work, have been given a role in determining sentences. Sentences should be individualized to promote development of offenders' personalities and to permit recompense to society. Factors which must be taken into account are the stage of the offenders' personality development and the community's stage of development. Educating offenders to exercise socialistic discipline and responsible behavior may involve such measures as probation and compensation requirements. Notes are supplied. --in German.
Index Term(s): Crime seriousness measures; German Democratic Republic; Marxism; Personality assessment; Sentencing guidelines; Sentencing/Sanctions; Socialism; Theory
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