YOUNG ADULTS IN PENAL LAW - THE LEGAL, CRIMINOLOGICAL, AND CRIMINAL POLICY PERSPECTIVES - WEST GERMANY

• NCJ Number: 47480
• Journal: Monatsschrift fuer Kriminologie und Strafrechtsreform Volume: 61 Issue: 1 Dated: (JANUARY 1978) Pages: 1-21
• Author(s): A KREUZER
• Date Published: 1978
• Length: 21 pages
• Corporate Author: Carl Heymanns Verlag
• Publication Format: Article
• Language: German
• Country: West Germany (Former)
• Note: EXPANDED VERSION OF THE OPENING ADDRESS TO THE 17TH GERMAN JUVENILE COURT DAY, SEPTEMBER 27, 1977, SAARBRUECKEN, WEST GERMANY

Annotation

ARGUMENTS AND RECOMMENDATIONS FOR THE REFORM OF THE GERMAN FEDERAL REPUBLIC'S CRIMINAL LAW RELATING TO YOUNG ADULTS ARE PRESENTED.

Abstract

DESPITE CLAIMS THAT CHANGES IN CRIMINAL LAWS AFFECTING YOUNG ADULTS ARE UNNECESSARY BECAUSE THE GROUP IS COVERED BY GENERAL REFORMS, BECAUSE REFORM OF PRACTICE RATHER THAN THEORY IS REQUIRED, AND BECAUSE SUCH CHANGES CANNOT BE REALIZED IN PRACTICE, RE-EVALUATION OF THE TREATMENT OF YOUNG ADULT OFFENDERS IS RECOMMENDED, AS PENALTIES FOR THIS GROUP ARE PARTICULARLY STRINGENT AN AS REHABILITATION ATTEMPTS WOULD SEEM TO BE A MORE EFFECTIVE MEANS OF PREVENTION WHEN INTERVENTION OCCURS AT AN EARLY AGE. THE APPLICATION OF JUVENILE LAW TO YOUNG ADULTS IS DESIRABLE BECAUSE OF THE BETTER CHANCE OF INFLUENCING PERSONALITY DEVELOPMENT AT THIS STAGE, BASIC STRUCTURAL SIMILARITIES BETWEEN CRIME IN JUVENILES AND YOUNG ADULTS, THE GREAT DEMAND PLACED ON JUDGES WHO MUST BY LAW DECIDE WHETHER A CASE IS TO BE TRIED UNDER ADULT OR JUVENILE LAW AND THE WIDE VARIATION IN PROCEDURES RESULTING FROM THAT DECISION, THE SOCIAL AND CRIMINAL RISK OF LAWS WHICH HAVE LOWERED THE LEGAL AGE, AND THE POSSIBLE STIMULUS TO REFORM THE WHOLE BODY OF CRIMINAL LAW. POSSIBLE AREAS OF SOCIALIZATION DIFFICULTY FOR YOUNG ADULTS ARE INSUFFICIENT JOB TRAINING, THE SPECIAL POSITION OF YOUNG FOREIGNERS, THE MILITARY OBLIGATION, CONFLICTS IN SEXUAL ROLES AND IN FINDING A SUITABLE PARTNER, DRUG AND ALCOHOL ADDICTION, ADJUSTMENT TO THE ROLE OF A RESPONSIBLE DRIVER, AND INVOLVEMENT IN PETTY CRIME. REFORM SHOULD INCLUDE PROBATION WITH A RELEASE PROGRAM AS THE CENTRAL CONCEPT, REVIEW OF THE CRITERIA FOR JUVENILE IMPRISONMENT (DESTRUCTIVE INTENT AND EXTENT OF GUILT), RECONSIDERATION OF THE INTENT TO EXPAND THE USE OF RELATIVELY INDETERMINATE SENTENCES (ONE TO TWO YEARS), REASSESSMENT OF THE HIGH UPPER LIMIT OF 15 YEARS IMPRISONMENT AS A PENALTY FOR SERIOUS CRIMES COMMITTED BY YOUNG ADULTS, AND REFLECTION ON HOW TO DEAL WITH A CRIME COMMITTED BY A YOUNG ADULT AFTER A LONG TIME INTERVAL HAS ELAPSED. AN EXTENSIVE BIBLIOGRAPHY IS PROVIDED. --IN GERMAN. (KMD)