NCJ Number
58441
Date Published
1978
Length
8 pages
Annotation
A STATISTICAL ANALYSIS OF THE DURATION OF WEST GERMAN TRIALS, WITH DISCUSSION OF KEY PROVISIONS OF THE PENAL PROCEDURE, IS UNDERTAKEN IN THIS 1977 PAPER, TO PINPOINT THE REASONS FOR LENGTHY TRIALS.
Abstract
DURATION OF CRIMINAL PROCESSES EVIDENTLY CAUSES PROBLEMS IN ALL COUNTRIES WITH WELL-DEVELOPED PROCEDURAL LAWS WHICH ATTEMPT LEGALLY AND ON THE BASIS OF RESPECT FOR INDIVIDUAL RIGHTS TO COPE WITH CRIMINALITY IN A MASS SOCIETY. IN THIS STUDY, THE TERM TRIAL REFERS TO ALL PENAL PROCEEDINGS FROM POLICE INVESTIGATION TO THE FINAL COURT VERDICT. WHILE THE NUMBER OF GERMAN COURT CASES INCREASED FROM 1975 TO 1977, DURATION OF PENAL PROCEEDURES HAS REMAINED ESSENTIALLY THE SAME. AN ANALYSIS OF 1,055,251 CASES INVOLVING NON-CRIMINAL IRREGULAR ACTS AND MINOR CRIMINAL CHARGES SHOWED THAT ONLY 46.12 PERCENT OF ALL CASES WERE SETTLED WITHIN THREE MONTHS, WHILE 30.42 PERCENT TOOK FOUR TO SIX MONTHS AND 21.94 PERCENT TOOK FROM SEVEN MONTHS TO THREE YEARS. HOWEVER, 44.85 PERCENT OF THE CASES WERE RELATIVELY EASY TO SETTLE, NONCRIMINAL CASES. DIFFERENCES IN TRIAL LENGTHS WERE FOUND FOR VARIOUS LEVELS OF GERMAN COURTS RANGING FROM FIRST AND SECOND INSTANCE COUNTY COURTS, TO THE HIGH COURT AND SUPREME COURT. THE LENGTH OF TRIALS IS DETERMINED, IN PART, BY THE APPEAL RIGHTS GRANTED DEFENDANTS, SUCH AS THE ONE WEEK PERIOD FOR LODGING APPEALS TO SECOND INSTANCE COURTS AND A ONE WEEK PERIOD FOR EXPLAINING THE APPEAL. SPECIFIC STATUTES, SUCH AS THE ACCELERATED TRIAL PROCEDURE, SUMMARY PROCEEDINGS, AND PROSECUTOR'S DISCRETIONARY POWER, ARE EXAMINED TO DETERMINE THEIR ROLE IN SPEEDING UP TRIAL PROCEDURES. STATISTICAL TABLES AND FOOTNOTES ARE PROVIDED. (KCP)