NCJ Number
63983
Journal
Bewaehrungshilfe Volume: 26 Issue: 2 Dated: (1979) Pages: 159-167
Date Published
1979
Length
9 pages
Annotation
LEGAL POSSIBILITIES IN WEST GERMANY FOR COMMITMENT OF EMOTIONALLY DISTURBED PROBATIONERS SUFFERING FROM NEW PSYCHOTIC ATTACKS ARE EXPLORED TO REDUCE THE DANGER OF VIOLENT ACTS AND NEGATIVE PUBLICITY FOR PROBATIONERS.
Abstract
AN EXAMPLE TO DETAIN A PROBATIONER WHO HAS MURDERED HIS WIFE IN A SCHIZOPHRENIC STATE AND TO PLACE THE PROBATIONER IN AN INSTITUTION IMMEDIATELY WITH THE ASSISTANCE OF THE PUBLIC PROSECUTOR AND JUDGE. IF A PROBATIONER HAS NOT YET COMMITTED AN OFFENSE BUT SHOWS SIGNS OF NEW ATTACK WHICH WILL LEAD TO A SERIOUS CRIME, THE PROBATION OFFICER CAN, WITH THE HELP OF THE AGENCY IN CHARGE OF PUBLIC ORDER, THE FIRE DEPARTMENT, AND THE RED CROSS, APPLY LAWS COVERING EMOTIONALLY DISTURBED INDIVIDUALS TO BRING ABOUT IMMEDIATE LONG-TERM OR SHORT-TERM COMMITMENT. THE REQUIRED DOCTOR'S CERTIFICATE CAN BE OBTAINED FROM AN INSTITUTIONAL DOCTOR IN PARTICULARLY PRESSING CASES. THE AGENCY FOR PUBLIC ORDER MUST ARRANGE FOR LEGAL COMMITMENT WITHIN 24 HOURS OR THE PROBATIONER WILL BE RELEASED. IN ALL CASES, RIGHTS TO PERSONAL FREEDOM MUST BE CAREFULLY WEIGHED AGAINST THE NEED TO PROTECT THE PUBLIC. THE SAME LAWS CANNOT BE APPLIED FOR MINOR CRIMES, AND MIDDLE-RANGE CRIMES ARE TO BE JUDGED ACCORDING TO THEIR INDIVIDUAL CIRCUMSTANCES. PROBATIONERS CAN BE COMMITTED BY USE OF SPECIAL PROVISIONS, E.G., AT THE REQUEST OF A GUARDIAN WHEN THE INDIVIDUAL IS UNDER GUARDIANSHIP, AT THE REQUEST OF THE PROBATIONER HIMSELF, OR THROUGH REVOCATION PROCEDURES WHEN THE CASE IS NOT URGENT. FAMILIARITY WITH THE COMPLICATED LEGAL NORMS GOVERNING SUCH CASES IS RECOMMENDED FOR PROBATION OFFICERS, AS THEY ARE IN A POSITION TO PREVENT FURTHER CRIMES AND TO AVERT THE NECESSITY OF LONG-TERM COMMITMENT. NOTES ARE SUPPLIED. --IN GERMAN. (KMD)