NCJ Number
72403
Date Published
1978
Length
8 pages
Annotation
Several legal situations in which crime prevention leads to an apparent conflict between individual and public interest are cited and analyzed.
Abstract
Examples in which the rights of offenders or victims and those of the public seem to contradict each other are numerous. An American soldier received a milder sentence for rape because his victim--in accordance with police instructions to the public--had offered no resistance in order to protect her life. In this case, police offorts to shield victims made it more difficult to prosecute the offender. Another example is the use of police decoys or instigators who contribute to the arrest of the offender and therefore prevent future offenses. However, in deliberately involving the offender in a crime, the police violates its responsibility of protecting this individual citizen. In the public interest, the rights of West German prosecutors have been greatly enhanced--to the disadvantage of suspects and witnesses. The article argues that in numerous cases the true conflict is between two types of public interest rather than between private and public interest, since the protection of the individual is really in the interest of the public. In determining which of the two public interests is of greater importance, one realizes more easily the need for imposing strict limitations on the police and of educating the population in the prevention of crime. Footnotes with references are included. --in German. (Related documents--72399, 72400, 72401, 72402, 72404.)