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PROJECT PRETRIAL DETENTION ASSISTANCE - A NEW FIELD FOR COURT ASSISTANCE SERVICES?

NCJ Number
63984
Journal
Bewaehrungshilfe Volume: 26 Issue: 2 Dated: (1979) Pages: 167-171
Author(s)
G REHER
Date Published
1979
Length
5 pages
Annotation
WEST GERMAN DEVELOPMENT OF PRETRIAL DETENTION ASSISTANCE SERVICES SIMILAR TO THOSE IN THE U.S. WILL ENSURE THAT OFFENDER BACKGROUND INFORMATION IS PROVIDED FOR JUDGES DECIDING ABOUT DETENTION.
Abstract
A 1977 CONFERENCE OF JUDGES AND PROSECUTORS SUGGESTS THAT MORE INFORMATION IS NEEDED PRIOR TO DECISIONS ABOUT DETENTION AND THAT COURT ASSISTANTS COULD GATHER THIS INFORMATION. STRUCTURES SHOULD BE VARIED ACCORDING TO THE RURAL OR URBAN NATURE OF A PARTICULAR AREA. THE WORK OF THE COURT ASSISTANT IN THE PERIOD FROM THE CRIME TO THE TRIAL COULD FACILITATE EARLY INITIATION OF MEASURES AND EVALUATION OF THE OFFENDER'S POST-CRIME ATTITUDES, WHICH IS ESSENTIAL FOR SENTENCING. AN EXPERIMENTAL MODEL IN HAMBURG IS DIRECTED BY THE SOCIAL SERVICES SECTION OF THE HAMBURG JUSTICE DEPARTMENT AND THE GERMAN PROBATION ASSISTANCE ORGANIZATION. THE TWO SOCIAL WORKERS EMPLOYED THERE HAVE EXPERIENCE BOTH IN TRADITIONAL COURT ASSISTANCE AND IN WORKING WITH AGENCIES. AFTER A PERIOD IN WHICH ASSISTANTS STUDY THE WORK OF A PROBATION JUDGE, THEY ATTEND PRELIMINARY INQUIRIES. GOALS OF THE WORK ARE AVOIDANCE OR SHORTENING OF DETENTION PENDING INVESTIGATION, COORDINATION OF SOCIAL ASSISTANCE AFTER DETENTION HAS BEEN AVOIDED, PROVISION OF COURT ASSISTANCE AS EARLY AS POSSIBLE, AND SUPERVISION OF OFFENDERS UNTIL TRIAL. EXPERIENCE TO DATE INDICATES THAT SOCIAL PEDAGOGICAL ACTIVITY IS ONLY EFFECTIVE WHEN THE DETENTION ASSISTANT ATTENDS THE PRELIMINARY INQUIRY, THAT JUDGES ARE ABLE TO REACH MORE JUST DECISIONS ABOUT DETENTION THOUGH INFORMATION MADE AVAILABLE BY ASSISTANTS, AND THAT ASSISTANTS CAN AID IN DEVELOPING DECISION CRITERIA TO BE APPLIED AT ALL OFFICIAL LEVELS. --IN GERMAN. (KMD)

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