scholarly journals Reforms of the Criminal Sanctions System in Germany – Achievements and Unresolved Problems

2019 ◽  
Vol 28 ◽  
pp. 37-48 ◽  
Author(s):  
Frieder Dünkel
Keyword(s):  
Electronic Monitoring ◽  
Prison Population ◽  
Good Reason ◽  
Short Term ◽  
Sexual Crimes ◽  
Criminal Sanctions ◽  
Psychiatric Institutions ◽  
Dangerous Offenders ◽  
Probation Service ◽  
The 1960S

The German criminal sanctions system has witnessed major law reforms in the last 50 years in expanding fines (which have replaced short-term imprisonment) and introducing suspended sentences either with or without the supervision of the Probation Service. The reforms of the 1960s–1980s have been a success and (in combination with the expansion of diversion schemes for minor crimes) have contributed to achieving one of the lowest prison population rates in Europe. However, further reforms are necessary – in particular, with regard to the large number of people serving a prison sentence for defaulting on fines. Germany has, for good reason, restricted electronic monitoring to the very few cases of dangerous offenders (convicted for violent or sexual crimes) who have had to be released after having served their sentence in full or have been released from psychiatric institutions or after other preventive deprivation of liberty.

scholarly journals Electronic Monitoring in Europe – a Panacea for Reforming Criminal Sanctions Systems? A Critical Review

2018 ◽  
Vol 6 ◽  
pp. 58-77
Author(s):  
Frieder Dünkel
Keyword(s):  
Full Article ◽  
Human Rights ◽  
Critical Review ◽  
Electronic Monitoring ◽  
Prison Population ◽  
Pilot Projects ◽  
Private Companies ◽  
Criminal Sanctions ◽  
The Impact ◽  
Article Abstract

[full article, abstract in English; abstract in Lithuanian] First experiments with electronic monitoring emerged in Europe in the early 1990s. Within 15 years, the majority of countries in Europe reported having introduced electronic monitoring at least as pilot projects. The amazing dynamic rise of electronic monitoring in Europe may be explained by the commercial interests that become evident when looking at the activities of private companies selling the technique. Although electronic monitoring seems to have expanded in many countries, one has to realize its marginal role within the European sanctions systems compared to other sentencing or release options. On average, only about 3% of all probationary supervised persons were under electronic monitoring at the end of 2013. This article deals with questions regarding the impact of electronic monitoring on prison population rates and reduced reoffending, with net-widening effects and costs, essential rehabilitative support, human rights-based perspectives and the general (non)sense of electronic monitoring.

Cognitive Biases and Procedural Rules: Enhancing the Use of Alternative Sanctions

2015 ◽  
Vol 23 (3) ◽  
pp. 191-213
Author(s):  
Elena Kantorowicz-Reznichenko
Keyword(s):  
Criminal Justice ◽  
Community Service ◽  
Cognitive Biases ◽  
Electronic Monitoring ◽  
Law And Economics ◽  
Prison Population ◽  
Prison Sentence ◽  
Short Term ◽  
Criminal Justice Systems ◽  
Alternative Sanctions

The practice of short-term imprisonment has been long criticised due to its criminogenic effect and costs. To minimise its use, many European countries introduced alternative sanctions such as community service or home confinement with electronic monitoring. Unfortunately, in practice those sanctions are often imposed on non prison-bound offenders, a phenomenon termed ‘the net-widening problem’. Consequently, instead of reducing the prison population, the alternative sanctions substitute lighter punishments such as fines or conditional imprisonment. The discretion power whether to impose a prison sentence or its alternatives lies in the hands of the judges. Therefore, the way to enhance the use of alternative sanctions as a substitute to short-term imprisonment is to change the behaviour of judges. This paper adopts the behavioural law and economics approach to discuss, in the context of European criminal justice systems, how certain procedural rules overcome or use cognitive biases in order to promote the use of alternative sanctions.

Preventive Detention of Dangerous Offenders Re-examined: A Comment on two decisions of the German Federal Constitutional Court (BVerfG – 2 BvR 2029/01 of 5 February 2004 and BVerfG – 2 BvR 834/02 – 2 BvR 1588/02 of 10 February 2004) and the Federal Draft Bill on Preventive Detention of 9 March 2004

2004 ◽  
Vol 5 (6) ◽  
pp. 619-637 ◽  
Author(s):  
Frieder Dünkel ◽  
Dirk van Zyl Smit
Keyword(s):  
Prison Population ◽  
Preventive Detention ◽  
Constitutional Court ◽  
Dangerous Offenders ◽  
Federal Constitutional ◽  
History Of ◽  
Draft Bill ◽  
The 1960S ◽  
Second World ◽  
Equivalent Reduction

Preventive detention is, together with life imprisonment, the harshest sanction in German criminal law. In the form of a “measure for improvement and security” of indeterminate duration, preventive detention potentially may be enforced until the death of the offender. Such a measure may be imposed together with a term of imprisonment on offenders regarded as dangerous and implemented after the fixed term of imprisonment has been served. The history of this provision goes back to a Nazi law against habitual criminals that was enacted in 1933 and retained after the end of the Second World War. In the context of the debate about the new criminal laws in the 1960s preventive detention was severely criticised. The result was that in 1969 both the formal and material requirements for the imposition of preventive detention were made more restrictive. This led, in turn, to it being imposed far less frequently. While in the 1960s more than 200 people were sentenced to preventive detention annually, by the early 1990s this figure was fewer than 40 a year. There was an equivalent reduction of the number of people in prison on preventive detention on a given day, from around 1500 at the beginning of the 1960s to fewer than 200 in the 1980s, that is, about 0.3 per cent of the total prison population.

scholarly journals The highly reintegrative approach of electronic monitoring in the Netherlands

2017 ◽  
Vol 9 (1) ◽  
pp. 46-61 ◽  
Author(s):  
Miranda Boone ◽  
Matthijs van der Kooij ◽  
Stephanie Rap
Keyword(s):  
The Netherlands ◽  
Side Effect ◽  
Electronic Monitoring ◽  
Prison Population ◽  
Probation Service ◽  
Prison Capacity ◽  
The Way

This contribution describes the way electronic monitoring (EM) is organized and implemented in the Netherlands. It will become clear that the situation in the Netherlands is characterized by, in particular, two features. The application of EM is highly interwoven with the Probation Service and its reintegrative objectives, a characteristic that dominates the organization and use of EM to a great extent. Paradoxically, EM is hardly used in the Netherlands as an autonomous (stand-alone) replacement for short prison sentences. The most straightforward explanation for this situation is that the Netherlands does not really need EM to replace prison capacity since its prison population already decreased drastically since 2005. A second explanation is that the intense involvement of the probation service in the enforcement of electronic monitoring has as a side-effect that these sanctions are not accepted as punitive sanctions, but fully framed into the rehabilitative perspective.

scholarly journals URGENSI PEMBAHARUAN HUKUM PIDANA DALAM KASUS KEJAHATAN KESUSILAAN: KAJIAN TENTANG SANKSI PIDANA BAGI PELAKU KEJAHATAN KESUSILAAN PADA ANAK

2018 ◽  
Vol 6 (3) ◽  
pp. 53
Author(s):  
Subaidah Ratna Juita
Keyword(s):  
Criminal Law ◽  
Legal System ◽  
Child Protection ◽  
Government Regulation ◽  
Deterrent Effect ◽  
Child Victims ◽  
Sexual Crimes ◽  
Criminal Sanctions ◽  
Second Amendment ◽  
Penal Law

<p>Penjatuhan sanksi pidana terhadap pelaku kejahatan kesusilaan pada anak di Indonesia belum seimbang dengan dampak yang ditimbulkannya. Adapun anak sebagai korban dari kejahatan kesusilaan tentu mengalami trauma yang berkepanjangan hingga dewasa bahkan seumur hidupnya. Salah satu upaya yang dapat ditempuh dalam menghadapi problematika penegakan hukum adalah dengan cara pembenahan sistem hukum. Oleh karna itu perlu adanya pembaharuan sanksi pidana bagi pelaku kejahatan kesusilaan sebagai bagian dari sistem hukum. Pembaharuan ini perlu dilakukan karena sanksi pidana yang ada saat ini tidak memberikan efek jera bagi pelaku. Upaya pembaruan hukum pidana yang berkaitan dengan sanksi pidana dalam kasus kejahatan kesusilaan pada anak dapat ditelusuri berdasarkan perumusan sanksi pidana berdasarkan KUHP, UU Nomor 23 Tahun 2002 tentang Perlindungan Anak, UU Nomor 35 Tahun 2014 tentang perubahan pertama atas UU Nomor 23 Tahun 2002 tentang Perlindungan Anak, dan Peraturan Pemerintah Pengganti Undang-Undang (Perppu) No. 1 Tahun 2016 tentang Perubahan Kedua atas Undang-Undang Nomor 23 Tahun 2002 tentang Perlindungan Anak. Dengan demikian tulisan ini secara fokus mengkaji urgensi pembaharuan hukum pidana, khususnya hukum pidana materiil tentang sanksi pidana bagi pelaku kejahatan seksual dalam rangka untuk memberikan perlindungan pada anak korban kejahatan seksual.</p><p><em>The imposition of criminal sanctions against the perpetrators of morality in children in Indonesia has not been balanced by its impact. As for the child as a victim of crime decency certainly traumatized prolonged until adulthood even a lifetime. One effort that can be taken in dealing with the problem of law enforcement is to reform the legal system. By because it is necessary to reform criminal sanctions for the perpetrators of decency as part of the legal system. These reforms need to be done because there is a criminal sanction which does not currently provide a deterrent effect on perpetrators. Efforts to reform the criminal law relating to criminal sanctions in cases of crimes of morality in children can be traced by the formulation of criminal sanctions under the penal law, Law No. 23 of 2002 on Child Protection, Law No. 35 of 2014 on the First Amendment of Law No. 23 of 2002 on Child Protection, and Government Regulation in Lieu of Law (Perppu) Number 1 Year 2016 Concerning Second Amendment Act No. 23 of 2002 about Child Protection. So this paper examines the urgency updates operating focus criminal law, especially criminal law substantive about criminal sanctions for dader of sexual crimes in order to provide protection for child victims of sexual crimes.</em></p><p> </p>

scholarly journals Honoring Innocent Until Proven Guilty

2019 ◽  
Vol 6 (4) ◽  
pp. 41-70
Author(s):  
Stephen Rispoli
Keyword(s):  
Rule Of Law ◽  
Prison Population ◽  
Good Reason ◽  
Economic Consequences ◽  
Default Rule ◽  
Pretrial Release ◽  
Pretrial Detention ◽  
Law System ◽  
Constitutional Protections ◽  
A Current

Texas’s current prison population consists of far more pretrial detainees than convicted criminals. Despite United States and Texas constitutional protections, the default rule in many jurisdictions, including Texas, detains misdemeanor and non-violent felony defendants unless they can post a monetary bond or get a surety to post the bond for them (“bail bond”) to obtain their release. Most pretrial detainees remain detained due not to their alleged dangerousness, but rather because they simply cannot afford to post bail (or get someone to post it for them). As a result, many pretrial detainees find themselves choosing between hamstringing their financial future or remaining in detention until trial. If Americans are serious about “honoring the presumption of innocence,” we must reform the way that misdemeanor and non-violent felony defendants are treated while awaiting trial. Rather than treat them as guilty and keep them in jail unless they can pay for their release, the standard should be to release them unless there is a very good reason for not doing so. By changing the default option from pretrial detention to pretrial release, many Texas judges will be more pre-disposed to release misdemeanor and non-violent felony defendants on conditions other than the posting of monetary bail. This switch will result in fewer people being detained simply because they cannot afford to be released—which will prevent adverse economic consequences to already disadvantaged citizens. Proposed reform has been discussed for decades. Reforming the bail system in Texas is a current, critical need. This criminal justice issue undermines the public’s faith in our system of justice and detrimentally affects the economic and social status of countless citizens who will ultimately be found not guilty. Doing nothing weakens our overall rule-of-law system and ultimately erodes the foundation upon which our society is built.

Electronic Monitoring Around the World

2021 ◽  
Author(s):  
Mike Nellis
Keyword(s):  
United States ◽  
Electronic Monitoring ◽  
The United States ◽  
Policy Transfer ◽  
Community Supervision ◽  
Equal Importance ◽  
The World ◽  
Offender Supervision ◽  
1960S And 1970S ◽  
The 1960S

Since its operational beginnings in the United States in 1982—where its prototypes were first experimented with in the 1960s and 1970s—the electronic monitoring (EM) of offenders has spread to approximately 40 countries around the world, ostensibly—but not often effectively—to reduce the use of imprisonment by making bail, community supervision, and release from prison more controlling than they have hitherto been. No single authority monitors the development of EM around the world, and it is difficult to gain fully comprehensive accounts of what is happening outside the Western and Anglophone users of it. Some countries are secretive. Standpoints in writing on EM are varied and partisan. Although it still tends to be the pacesetter of technical innovation, the United States remains a relatively lower user of EM, in part because the exceptional punitiveness of its penal culture has inhibited its expansion, even when it has itself been developed in various punitive ways. Interprofessional and intergovernmental processes of “policy transfer” have contributed to EMs spreading around the world, but the commercial bodies that manufacture and market EM equipment have been of at least equal importance. In Europe, the Confederation of European Probation (CEP), a transnational probation advocacy organization, took an early interest in EM, and its regular conferences became a touchstone of international debate. As it developed globally, the United Nations reluctantly accepted that it may be of some value even in developing countries and set out standards for its use. Continuing innovations in EM technology will create new possibilities for offender supervision, both more and less punitive, but it is always culture, commerce, and politics in particular jurisdictions which shape the scale, pace, and form of its development.

Territorial Politics, Regionalism and England

2021 ◽  
pp. 241-272
Author(s):  
Jonathan Bradbury
Keyword(s):  
Policy Process ◽  
Central Government ◽  
Entire Period ◽  
Short Term ◽  
Local Elite ◽  
British Labour ◽  
Territorial Politics ◽  
Identity Based ◽  
The 1960S ◽  
The Uk

This chapter addresses the reform of government in England over the entire period between 1997 and 2007. First, the chapter considers the nature of the territorial strain, problem and resources for change present in England. Second, the chapter considers peripheral elite leadership in England — whether through intermediate English elite or English regional elite leadership — and the codes, strategies and goals pursued. It explores further the thesis that movements for territorial change also in England adopted indirect instrumental cases for territorial reform rather than direct identity-based ones, emphasising functional arguments and the development of institutional mechanisms for gradual decentralisation, rather than major root and branch reform. Third, the chapter analyses the approach of UK central government, and in particular that of the British Labour leadership both in opposition before 1997 and in government afterwards. Here, we should note that Bulpitt suggested that the English governing code had tended to parallel the indirect local elite assimilation approach used territorially in the rest of the UK. Nevertheless, under modernisation projects since the 1960s, including those of the Thatcher–Major governments, the overall government strategy was a promotional one, often requiring direct central intervention in the short term to realise central governing projects. Finally, the chapter assesses the policy process by which English reform was developed, the extent to which it may be seen as effective and legitimate, and judged as successful or not in sustaining a new centre.

International Relations and the Study of History

2010 ◽  
Author(s):  
Constantinos Koliopoulos
Keyword(s):  
World War Ii ◽  
International Relations ◽  
System Analysis ◽  
Good Reason ◽  
Historical Context ◽  
History Plays ◽  
International Affairs ◽  
History Of ◽  
The 1960S ◽  
The One

International relations and history are inextricably linked, and with good reason. This link is centuries old: Thucydides’ History of the Peloponnesian War, one of the very earliest and one of the very greatest historical works of all time, is widely regarded as the founding textbook of international relations. Still, those two disciplines are legitimately separate. A somewhat clear boundary between them can probably be drawn around three lines of demarcation: (1) past versus present, (2) idiographic versus nomothetic, and (3) description versus analysis. The utility of history for the analysis of international affairs has been taken for granted since time immemorial. History is said to offer three things to international relations scholars: (1) a ready source of examples, (2) an opportunity to sharpen their theoretical insights, and (3) historical consciousness, that is, an understanding of the historical context of human existence and a corresponding ability to form intelligent judgment about human affairs. This tradition continued well after international relations firmly established itself as a recognized separate discipline some time after World War II, and would remain virtually unchallenged until the 1960s. Since the 1960s, attitudes toward history have diverged within the international relations community. Some approaches, most notably the English school and the world system analysis, have almost by definition thriven on history. History plays a fundamental role in the critical-constructivist approach, while realist scholars continue to draw regularly on history. History is far less popular, though not absent from works belonging to the liberal-idealist approach. Postmodernism is the one approach that is almost completely antithetical to the analytical use of history. Postmodernists have characterized history as merely another form of fiction and question the existence of objective truth and transhistorical knowledge. One cannot exclude the possibility that postmodernism is correct in this respect; however, it is highly unlikely that uncountable generations of people have been victims of mass deception or mass psychosis regarding the utility of history, not least in the analysis of international relations.

Drinking problems among recidivist prisoners

1971 ◽  
Vol 1 (5) ◽  
pp. 388-399 ◽  
Author(s):  
Griffith Edwards ◽  
Celia Hensman ◽  
Julian Peto
Keyword(s):  
Operant Conditioning ◽  
Prison Population ◽  
Short Term ◽  
Social Instability ◽  
Drinking Problems ◽  
Homeless Men ◽  
Conditioning Model ◽  
Methodological Problems ◽  
Definition Of

SYNOPSISThe general relationship between alcohol and crime is reviewed, and five central methodological problems are identified relevant to prison population ‘alcoholism prevalence surveys’ as a prelude to a report of an investigation of 500 recidivist prisoners. The prevalence rate is shown to be highly dependent on the particular definition of ‘alcoholism’ which is employed. Long-term and short-term prisoner subgroups are compared, and similarities with a population of non-prisoner homeless men discussed. A ‘dependence score’ derived from an operant conditioning model of alcoholism correlates significantly with various measures of social instability.

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