COMMENTS ON PUBLIC REACTION TO PENAL SANCTIONS - WEST GERMANY

• NCJ Number: 60595
• Journal: Kriminologisches Journal Volume: 11 Issue: 1 Dated: (1979) Pages: 22-34
• Author(s): R SPIEGELBERG
• Date Published: 1979
• Length: 13 pages
• Corporate Author: Juventa Verlag
• Publication Format: Article
• Language: German
• Country: West Germany (Former)

Annotation

THE REACTION OF THE GENERAL PUBLIC TOWARD OFFENDERS AND THE MOTIVES BEHIND THE STIGMATIZATION PROCESS REGARDING VIOLATORS OF SOCIALLY ACCEPTED NORMS ARE EXAMINED.

Abstract

IN ADDITION TO THE OFFENDER, THE VICTIM, AND JUDICIAL INSTITUTIONS, THE REMAINDER OF THE POPULATION WHICH IS UNINVOLVED IN THE CRIME HAS NOW BECOME THE SUBJECT OF CRIMINAL STUDIES. THROUGH AN ANALYSIS OF RECENT RESEARCH, THE ROLE OF THE PUBLIC IN ENFORCING SOCIAL NORMS CAN BE SEEN. IT IS COMMONLY KNOWN THAT VIOLATORS OF SOCIAL NORMS ARE ISOLATED BY THE REST OF THE POPULATION. HOWEVER, THE REASON FOR THIS ACTIVE AND QUASI-UNANIMOUS CONSENSUS OF A GROUP OF UNINVOLVED BY-STANDERS TO STIGMATIZE A GENERALLY INCONSPICUOUS OFFENDER REMAINS UNKNOWN. ACCORDING TO EXPERTS, BEHAVIOR IN PUBLIC PLACES (DEFINED AS 'PLACES WHERE STRANGERS INTERACT') HAS ITS DEFINITE RULES DESIGNED TO PROTECT THE INTIMATE SPHERE OF EACH INDIVIDUAL. VIOLATIONS OF THESE RULES (STARING, RUNNING INTO SOMEBODY) MUST BE ACCOMPANIED BY APPROPRIATE BEHAVIOR (E.G. AN APOLOGY) TO BECOME PUBLICLY ACCEPTABLE. TO AVOID CENSURE, THE MAJORITY OF THE POPULATION STRIVES TO ACT ACCORDING TO ACCEPTABLE SOCIAL NORMS. THE BREACH OF LEGAL NORMS IS A SPECIAL VIOLATION WHICH, CONTRARY TO MORE COVERT BEHAVIORAL ABERRATIONS, IMMEDIATELY BECOMES PUBLIC. TO AVOID AROUSING ANY KIND OF PUBLIC SUSPICION AS TO THEIR OWN BEHAVIOR, UNINVOLVED INDIVIDUALS KEEP A DELIBERATE DISTANCE TO THE OFFENDER. THE CONSENSUS NOT TO ASSOCIATE WITH OFFENDERS BECOMES IN ITSELF A SOCIAL NORM. THE PROCESS OF STIGMATIZATION IS STRONGEST WHERE THE OFFENSE HAS BECOME MOST 'OFFICIAL.' OFFENDERS HAVING BEEN PUNISHED BY LAW MEET WITH THE GREATEST AMOUNT OF SOCIAL DISCRIMINATION. IT IS THEREFORE CONCLUDED THAT THE LEGAL CONCEPT OF PUNISHMENT (AND THE ACCOMPANYING STIGMATIZATION) AND THAT OF REHABILITATION (REINTEGRATION INTO SOCIETY) ARE IRRECONCILABLE OPPOSITES. THE ARTICLE CONTAINS NOTES AND A BIBLIOGRAPHY. --IN GERMAN. (SAJ)