DOES THE SUBSTANTIVE CRIMINAL LAW RUN COUNTER TO THE PLANNED CORRECTIONS LAW - ON THE ANTINOMY OF SOCIAL RESPONSIBILITY AND UNSUCCESSFUL RESOCIALIZATION

• NCJ Number: 28400
• Journal: Monatsschrift fuer Kriminologie und Strafrechtsreform Volume: 58 Issue: 1 Dated: (FEBRUARY 1975) Pages: 40-56
• Author(s): B Haffke
• Date Published: 1975
• Length: 17 pages
• Corporate Author: Carl Heymanns Verlag
• Publication Format: Article
• Language: German
• Country: West Germany (Former)

Annotation

DISCUSSION OF THE CONFLICT IN THE WEST GERMAN CRIMINAL JUSTICE SYSTEM BETWEEN CONVICTION, WHICH PRESUPPOSES THE OFFENDER'S RESPONSIBILITY, AND EXECUTION OF THE SENTENCE, WHICH IS BASED ON THE NEED FOR THERAPY.

Abstract

IN ACCORDANCE WITH THE WEST GERMAN CORRECTIONAL REFORMS SUBMITTED TO THE NATIONAL LEGISLATURE IN 1973, ORDINARY EXECUTIONS OF SENTENCES WILL BE CONCEIVED OF AS THERAPEUTIC TREATMENT. THE QUESTION ARISES: HOW CAN ONE RECONCILE THE PRESUPPOSITIONS OF CONVICTION AND CORRECTIONS IF THE CONTRADICTION BETWEEN SOCIAL RESPONSIBILITY AND SOCIAL MALADJUSTMENT CAUSES A THEORETICAL CONFLICT WITHIN THE OVERALL SYSTEM OF CRIMINAL LAW? --IN GERMAN. SUMMARY IN ENGLISH