Sentencing in West Germany (From Reform and Punishment, P 21-68, 1984, Michael Tonry and Franklin E Zimring, eds. - See NCJ-93553)

• NCJ Number: 93555
• Author(s): T Weigend
• Date Published: 1983
• Length: 48 pages
• Sale Source: University of Chicago Press
• Language: English
• Country: United States of America
• Note: This essay was published in a somewhat different form in volume 42 of the University of Maryland Law Review.

Annotation

The essay explains the types of sentences authorized by German law and used in practice; discusses the distribution of sentencing authority, procedure, and principles; and how far Germany has progressed toward a rational, equal, and just sentencing system.

Abstract

Sentencing in West Germany is based on both retribution and rehabilitation. The common sanctions are fines and probation; imprisonment is used only in very serious cases. The trial court is responsible for sentencing, but early release from prison is determined by a special correctional court. The trial court must give reasons for sentences, and those reasons are subject to appellate review. A discussion of who sentences in West Germany looks at the role of the legislature, the prosecutor, the trial court, parole, and pardon. An examination of the sentencing process focuses on the conduct of the trial, the deliberations of the court, the imposition of sentence, and appeal of sentence. The principles of sentencing are explored from the perspectives of the jurisprudential rhetoric of sentencing, legislative guidance for judges, and what the courts do in practice. Tables and 94 references are listed.