NCJ Number
86332
Date Published
1981
Length
27 pages
Annotation
This discussion of probation in the German Federal Republic considers law enforcement and the administration of justice as well as the organization and working methods of the probation system.
Abstract
The police in West Germany are responsible for investigating offenses against the penal code and preparing investigative reports for the public prosecutor, and they do not have the discretion not to bring an offender before the court. The public prosecutor examines police reports, determines whether further investigation is necessary, and decides whether to pursue prosecution. Courts include the magistrates' court, the juvenile court, the lay assessors court, district court, court of appeal, and the Federal Court of Justice. The major sentencing categories are imprisonment, disciplinary detention (incarceration for persons in the military), and fines. The probation system was given its present form in 1975. The courts are responsible for determining probation conditions; however, statute requires stricter supervision for high-risk clients. Each of the 11 States has its own probation system. Each officer is required to be responsible for juveniles, young adults, or adults only. There is cooperation between probation agencies and the numerous private organizations that provide services to probationers. The principal goal of probation is the prevention of recidivism by treating offenders within their normal community environments. The personal relationship between an officer and the client is considered the foundation for the client's positive development. Probation officers are responsible for preparing background reports on offenders, meeting with clients before or during their court proceedings, meeting with inmates prior to parole, counseling clients, and planning and coordinating services for clients. Key addresses are provided, along with probation data for 1975-79.