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WEST GERMANY - THE JUSTICE MACHINE - EXPERIENCES WITH PUNISHMENT AND THE PENAL SYSTEM

NCJ Number
15203
Author(s)
H KRASCHUTZKI
Date Published
1970
Length
260 pages
Annotation
CRITQUE OF THE CORRECTIONAL SYSTEM, CRIMINAL COURTS, CRIMINAL LAW, AND OTHER SOCIAL REACTIONS TO CRIME, ASKING FOR A MORE HUMANE SYSTEM BASED ON RESOCIALIZATION.
Abstract
THE AUTHOR IS HIMSELF A FORMER POLITICAL PRISONER AS WELL AS A FORMER OFFICIAL IN THE WEST GERMAN CORRECTIONAL SYSTEM. HE CRITICIZES THE MENTALITY OF THE CRIMINAL JUSTICE SYSTEM AND OF SOCIETY AT LARGE, WHICH HE SAYS OFTEN FAILS TO RECONIZE THE FULL HUMAN STORY BEHIND CRIMINAL CASES AND TO ACCORD OFFENDERS AND SUSPECTS THEIR MINIMUM RIGHTS AS HUMAN BEINGS. HE ASSERTS THAT THE RESULTING DEHUMANIZATION ON HELPS TO PERPETUATE CRIME BY STIGMATIZING OF OFFENDERS AND LEAVING THEM NO ALTERNATIVE --IN GERMAN. INJUSTICES AND INADEQUACIES IN THE PRESENT SYSTEM IN ARGUING FOR A MORE HUMANE PERSPECTIVE. THE TOPICS DISCUSSED INCLUDE THE MENTALITY OF CRIMINAL JUSTICE PREVENTIVE DETENTION, JUDICIAL PROCESSES, MERCY PLEAS, COURT COSTS TO DEFENDANTS, AND MISCARRIAGES OF JUSTICE. INCLUDED ARE FEATURES OF A NEW OPEN INSTITUTION CORRECTIONAL SYSTEM BASED ON TRUST, UNDERSTANDING, AND RESOCIALIZATION RATHER THAN ON PUNISHMENT OR RETRIBUTION.

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