NCJ Number
111546
Journal
British Journal of Criminology Volume: 28 Issue: 1 Dated: (Winter 1988) Pages: 1-18
Date Published
1988
Length
19 pages
Annotation
The principles and practices entailed in the granting of leave of absence to prisoners in West Germany have undergone a series of important changes over the past two decades.
Abstract
The reformulation of the law to make resocialization the key criterion for leave of absence to be granted was challenged when several ex-Nazi war criminals applied for leave. Despite the general success of the policy, successive reinterpretations of the new laws to preclude such cases have progressively weakened its basis. Because of the heinousness of their crimes, ex-Nazi war criminals were perceived as not eligible for leave of absence. However, a constitutionally based objection was that refusal of leave was contrary to the duty of the prison authorities to attempt to resocialize all prisoners. The tensions involved in the relations between legal principle and administrative practice are documented and analyzed in the context of this controversy. 43 footnotes and 39 references. (Author abstract modified)