NCJ Number
56098
Journal
Criminal Law Review Dated: (JULY 1978) Pages: 417-422
Date Published
1978
Length
5 pages
Annotation
CRIMINAL JUSTICE ATTEMPTS TO FIGHT TERRORISM, WORK ON A LAW RELATING TO YOUNG OFFENDERS, AND A JUDICIAL DECISION CONCERNING THE CONSTITUTIONALITY OF LIFE IMPRISONMENT ARE WEST GERMAN ISSUES DISCUSSED FOR 1977.
Abstract
COMPARED WITH THE ACCOMPLISHMENT OF THE IMPORTANT REFORM PROJECTS OF THE MID-1970'S (A NEW VERSION OF THE CRIMINAL CODE AND THE CRIMINAL PROCEDURE CODE AND ENACTMENT OF THE PRISON ACT), THE YEAR 1977 WAS RATHER QUIET IN THE AREA OF LAW REFORM IN WEST GERMANY. THIS IS DUE LARGELY TO INCREASING ECONOMIC PROBLEMS WHICH HAVE MADE COSTLY REFORMS UNFEASIBLE. IN 1977, THE FIGHT AGAINST TERRORISM BY FORMAL AND MATERIAL PENAL MEANS STANDS IN THE SPOTLIGHT OF REFORM DISCUSSION. AS A DIRECT LEGISLATIVE REACTION TO THE KIDNAPPING OF MR. SCHLEYER, PRESIDENT OF THE EMPLOYERS' ASSOCIATION, THE SUSPENSION OF COMMUNICATION ACT WAS PASSED WITH THE INTENTION OF HINDERING ANY CONTACT AMONG THE 11 DETAINED TERRORIST ACTIVISTS (THE PERSONS TO BE SET FREE UNDER TERRORISTS' DEMANDS), BETWEEN THEM AND THEIR LEGAL ADVISERS, AND BETWEEN THEM AND THE OUTSIDE WORLD. RESTRICTIONS ON CONSTITUTIONAL RIGHTS, PARTICULARLY WITH RESPECT TO COUNSEL, POSED BY THIS STATUTE ARE DISCUSSED. THE WORK OF THE COMMISSION FOR THE REFORM OF YOUTH CORRECTIONS BEGUN IN 1976 CONTINUES, WITH ITS MAIN DUTIES BEING TO WORK OUT PRINCIPLES FOR LEGAL REGULATIONS, LONG-RANGE CONCEPTS FOR THE DEVELOPMENT OF THE YOUTH CORRECTIONAL SYSTEM, AND SOLUTIONS THAT WOULD ALLOW A FURTHER DEVELOPMENT OF YOUTH CORRECTIONS EVEN BEFORE THE ENACTMENT OF THE STATUTE. THE FEDERAL CONSTITUTIONAL COURT DETERMINED THAT LIFE IMPRISONMENT DOES NOT NECESSARILY OCCASION PSYCHIC AND PHYSICAL HARMS WHICH VIOLATE THE DIGNITY OF MAN. THE COURT REASONED THAT PURPOSEFUL REHABILITATION MEASURES AND HUMANE TREATMENT CAN BE APPLIED TO A PERSON SERVING A LIFE SENTENCE. FURTHERMORE, THE COURT DECIDED THAT A PERSON SENTENCED TO LIFE IN PRISON SHOULD BE GUARANTEED A CONCRETE AND REALIZABLE CHANCE OF BEING RELEASED. MATTERS SUCH AS THE INCREASING USE OF FINES IN LIEU OF SHORT-TERM IMPRISONMENT, THE DRAFT OF A BILL AIMED AT THE REFORM OF THE CRIMINAL PROCEDURE CODE, AND EMPHASIS ON AFTERCARE ARE ALSO CONSIDERED. (RCB)