NCJ Number
64001
Journal
ZEITSCHRIFT FUER DIE GESAMTE STRAFRECHTSWISSENSCHAFT Volume: 27 Issue: 3 Dated: (1977) Pages: 639-648
Date Published
1977
Length
10 pages
Annotation
A SIMPLIFIED, ALTERNATIVE FORM OF WEST GERMAN CRIMINAL PROCEEDINGS IS ADVOCATED TO REDUCE TIME SPENT TRYING PETTY CRIMES.
Abstract
DISTINGUISHING PETTY FROM SERIOUS CRIMES IS OFTEN DIFFICULT LEGALLY BUT ATTEMPTS ARE BEING MADE TO CLARIFY THE LAWS. REFORM IS NEEDED BECAUSE OF THE TENDENCY TO REPLACE JUDGES' DECISIONS WITH FINES IMPOSED BY ADMINISTRATIVE AGENCIES AND WITH PROSECUTORIAL INTERVENTION, A PROCESS WHICH IS MOVING COURT DECISIONS IN THE DIRECTION OF INQUISITORIAL PROCEEDINGS. CIVIL PROCEEDINGS CANNOT BE PRACTICALLY APPLIED, AS THIS ALTERNATIVE IS EXPENSIVE AND DISCRIMINATES AGAINST THE POOR AND HELPLESS. THE TWO VIABLE ALTERNATIVES ARE ORAL TRIALS ('RULE PROCEEDINGS'), WHICH MUST BE SIMPLIFIED, OR WRITTEN PROCEEDINGS WITHOUT A TRIAL (AS IN THE CASE OF FINES), WHICH DO NOT ALLOW DEFENDANTS THEIR DAY IN COURT UNLESS THEY REQUEST TRIALS AND WHICH ARE ONLY PRACTICAL IF CASES ARE COMPLETELY RESOLVED WITH THE WRITTEN PROCEDURE. TO DECIDE WHICH ALTERNATIVE IS PREFERABLE, ONE MUST SETTLE DOUBTS RAISED ABOUT THE SPEEDED-UP ORAL TRIAL; E.G., WHILE THE OFFENDERS' PERSONALITIES ARE NOT STUDIED THOROUGHLY IN SHORT ORAL TRIALS, AT LEAST THE JUDGE HAS A FIRST-HAND IMPRESSION OF THE OFFENDERS. RAPID ORAL PROCEEDINGS ARE ONLY POSSIBLE IN CLEAR-CUT CASES AND WOULD REQUIRE COURT DETERMINATION OF THE EXTENT OF EVIDENCE TO BE PRESENTED, AS WELL AS COURT APPOINTMENT OF DEFENSE COUNSEL LONG ENOUGH BEFORE THE TRIAL TO PERMIT STUDY OF THE CASE. EVENTUALLY, APPEALS COURTS WOULD ALSO HAVE TO STREAMLINE THEIR PROCEEDINGS TO PREVENT A NEW BOTTLENECK RESULTING FROM OFFENDERS' APPEALS PROCEEDINGS. ALTHOUGH JUDGES TEND TO FAVOR THE WRITTEN PROCEDURE, BOTH ALTERNATIVES SHOULD BE STUDIED FURTHER TO FACILITATE MEANINGFUL REFORM. --IN GERMAN. (KMD)