NCJ Number
32004
Journal
REVUE INTERNATIONALE DE CRIMINOLOGIE ET POLICE TECHNIQUE Volume: 27 Issue: 1 Dated: (JANUARY-MARCH 1974) Pages: 31-38
Date Published
1974
Length
8 pages
Annotation
PROPOSALS FOR SETTING UP JUDICIAL CORRECTIONAL AUTHORITIES HAVING SUPERVISORY AND CONTROL FUNCTIONS OUTLINED AND ANALYZED, AND DESCRIPTION OF A BODY IN KARLSRUHE STUDYING JUDICIAL CONTROL OF CORRECTIONS.
Abstract
THERE IS LACK OF CLARITY UNDER EXISTING LAW IN WEST GERMANY ON THE QUESTION OF THE ASSIGNMENT OF RESPONSIBILITY FOR MAKING DECISIONS ON MATTERS CONNECTED WITH THE CORRECTIONAL SYSTEM. THEREFORE, THIS PROBLEM IS BEING GIVEN HIGH PRIORITY IN THE PREPARATORY WORK FOR THE REVISION OF THE CRIMINAL CODE. THE OFFICIAL PROPOSAL OF 1962 RECOMMENDED SETTING UP SPECIAL CORRECTIONAL COURTS WHICH WOULD HAVE CONTROL OVER ALL ASPECTS OF CORRECTIONS, TAKING OVER RESPONSIBILITY FROM THE DISTRICT COURTS AS SOON AS A SENTENCE WENT INTO EFFECT. IT WAS HOPED THAT THEY WOULD ENSURE EQUALITY OF TREATMENT IN THE APPLICATION OF SANCTIONS. THIS IS ESSENTIALLY A CONSERVATIVE PROPOSAL. THE 1966 ALTERNATIVE PROPOSAL, PREPARED BY A GROUP OF CRIMINAL LAW PROFESSORS NOT IN AGREEMENT WITH THE OFFICIAL PROPOSAL, ALSO WOULD SET UP CORRECTIONS COURTS. IT WOULD SPECIFY THE PURPOSES AND LIMITS OF SANCTIONS, AS WELL AS THE OBJECTIVES OF CORRECTIONS. THE CORRECTIONS COURTS WOULD MAKE DECISIONS REGARDING THE NATURE AND DURATION OF THE DEPRIVATION OR RESTRICTION OF PERSONAL FREEDOM BUT NOT THE MEANS AND METHODS TO BE USED IN CORRECTIONS. THE 1971 CORRECTIONS BILL WAS WORKED OUT BY A FEDERAL COMMISSION. UNDER THIS PROPOSAL, PRIMARY RESPONSIBILITY WOULD REMAIN WITH THE HEAD OF THE CORRECTIONAL INSITTUTION, BUT HIS DECISION COULD BE APPEALED TO A CORRECTIONAL CHAMBER, WHICH THEN WOULD LOOK INTO THE MATTER UNDER DISPUTE, GIVING PARTICULAR ATTENTION TO THE RIGHTS OF THE OFFENDER, AND ISSUE A RULING. A SPECIAL CHAMBER CONSISTING OF A GROUP OF JUDGES WAS SET UP IN KARLSRUHE IN 1968. IT HAD THE PURPOSE OF COLLECTING OBSERVATIONS AND EXPERIENCES TENDING TO VERIFY OR INVALIDATE CERTAIN HYPOTHESES SET FORTH IN CRIMINAL CODE REVISION PROJECTS UNDER STUDY THAT ARE CONCERNED WITH JUDICIAL CONTROL OF CORRECTIONS. --IN FRENCH, PASSAGES IN GERMAN