Punitive Attitudes of the Public: Reality and Myth (From Restorative Juvenile Justice: Repairing the Harm of Juvenile Crime, P 287-304, 1999, Gordon Bazemore and Lode Walgrave, eds. -- See NCJ-181924)

• NCJ Number: 181935
• Author(s): Klaus Sessar
• Date Published: 1999
• Length: 18 pages
• Sale Source: Criminal Justice Press/Willow Tree Press
• Publication Format: Book (Softbound)
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America

Annotation

This analysis of public attitudes toward sentencing in Germany presents research findings that challenge the common assumption that the public has strongly punitive opinions and that demonstrate the acceptance of an approach that serves both victims’ emotional and practical needs and the idea of social justice.

Abstract

The analysis focused on the hypothesis that the public and crime victims would accept and perhaps prefer restitution if it were given a chance to prove itself. However, the German judiciary generally rejects the notion of restitution as being an adequate response to crime. However, a Hamburg study on sentencing for burglary and studies conducted in the United States indicate that the public displays an intrinsic acceptance of private conflict resolution following an offense and that the conception of the public’s strong punitive sentiments is a myth to some extent. Nevertheless, the public supports official punishment in specific situations. In addition, attitudes toward restitution and punishment are subject to social change. Findings suggest that restitution should be tried and applied before considering other approaches. However, the current punitive attitudes of judges and prosecutors indicates that the establishment of restorative justice in Germany should involve the introduction of a system separate from the current criminal justice system. Figures and 25 references