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NCJRS Abstract

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NCJ Number: 78215 Find in a Library
Title: Duration of Pretrial Detention
Journal: Monatsschrift fuer Kriminologie und Strafrechtsreform  Volume:63  Issue:5  Dated:(October 1980)  Pages:289-298
Author(s): T P Carstensen
Date Published: 1980
Page Count: 10
Type: Report (Study/Research)
Format: Article
Language: German
Country: West Germany (Former)
Annotation: The duration of pretrial detention procedures is estimated on the basis of 110 detention cases in 1973 in Kiel, West Germany.
Abstract: Statistics indicate that the average length of pretrial detention is 135 days, with variations according to the type of court in which the case is tried. For the first portion of the detention period the prosecutor controls procedures. In the second stage, procedures are supervised by the court. Subdivisions within these major divisions are difficult to separate as the actions of the different segments overlap and are dependent on each other. Time could be saved in a number of cases by keeping duplicate records and by increasing the capacity of the criminal justice apparatus. Greater efficiency could also be achieved by setting deadlines as in the United States and perhaps by establishing special administrative departments for detention matters. Changes in the bureaucratic methods of operation in criminal prosecutions should emphasize awareness that processing delays contribute to the duration of detention. General data on the length of detention are not available in any usable form. A need exists for research on temporal structures of pretrial detention because prior studies of procedural results have neglected the interrelationships of various agencies and the actual course of proceedings. Studies on the use of official documents in a bureaucratic environment and on the uses of data in drawing conclusions are needed. Tables, notes, and a bibliography of approximately 15 entries are supplied.
Index Term(s): Court delays; Detention; Germany; Pretrial procedures; Research; Research methods
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