NCJ Number
15432
Date Published
1972
Length
206 pages
Annotation
ANALYSES OF THE RATIONALE, STATUTORY BASIS, COURT PRACTICES, AND REFORM PROPOSALS CONCERNING THE SENTENCING OF OFFENDERS AND THE IMPOSITION OF ADDITIONAL PREVENTIVE IMPRISONMENT (SICHERUNGSVERWAHRUNG) ON RECIDIVISTS.
Abstract
THE TWO STUDIES ARE BASED ON THE CASE HISTORIES OF 360 OFFENDERS CONVICTED OF BANK ROBBERY IN WEST GERMANY FROM 1964 TO 1966. THE FIRST STUDY EXAMINES STATISTICS ON THE ADJUDICATION PROCESS IN THESE CASES AND DEVELOPS A SYSTEMATIC FORMULATION OF THE PRINCIPLES OF SENTENCING. THE SENTENCING DECISION IS ANALYZED IN TERMS OF THREE BASIC ASPECTS - FULFILLING THE UNDERLYING PURPOSES OF THE CRIMINAL LAW, WEIGHING THE PARTICULAR FACTS OF THE CASE, AND ESTABLISHING THE LOGICAL RELATIONSHIP BETWEEN THESE PURPOSES AND FACTS. THE STATISTICS PRESENT AN OVERALL PICTURE OF HOW BANK ROBBERY IS VIEWED BY THE GERMAN JUDICIARY. DISCUSSION OF POSSIBLE REFORMS IN SENTENCING FOR THIS OFFENSE FOCUSES ON ELIMINATING THE POSSIBILITY OF CERTAIN LESSER SENTENCES. THE SECOND STUDY INVESTIGATES WHY THE SANCTION OF ADDITIONAL PREVENTIVE IMPRISONMENT IS NOT IMPOSED MORE FREQUENTLY IN THE CASE OF BANK ROBBERY. IT WAS FOUND THAT ONLY SIX OF 352 CONVICTED BANK ROBBERS IN THE STUDY RECEIVED THIS SENTENCE, ALTHOUGH AN EXAMINATION OF THEIR RECORDS INDICATED THAT 38 OF THE OFFENDERS HAD BACKGROUNDS WHICH WARRANTED THE ADDITIONAL SANCTION. AMONG REASONS FOR THE COURTS' RELUCTANCE TO IMPOSE THIS SANCTION WERE THE RELATIVELY YOUNG AGE OF MANY OFFENDERS, AND AN UNCERTAINTY ABOUT THE PREDICTABILITY OF RECIDIVISM OR REHABILITATION AS THEY WOULD BE AFFECTED BY THE USE OF THIS SANCTION. NUMEROUS CASE HISTORIES ARE RECOUNTED IN THE DISCUSSION. ALSO DISCUSSED IS THE IMPACT OF SUCCESSIVE PROVISIONS AND REFORMS OF THE WEST GERMAN CRIMINAL CODE ON THE APPLICATION OF THIS SANCTION. PART ONE IS NCJ-015431. --IN GERMAN