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RETRIBUTION FOR THE OFFENSE OR REHABILITATION FOR THE OFFENDER - WEST GERMANY

NCJ Number
27374
Author(s)
M DANNER
Date Published
1972
Length
139 pages
Annotation
SUCCESSFUL REHABILITATION OF OFFENDERS IS NOT POSSIBLE IN THE WEST GERMAN CRIMINAL JUSTICE SYSTEM AS LONG AS THE QUESTION OF THE OFFENDERS ULTIMATE GUILT AND CRIMINAL RESPONSIBILITY REMAINS OPEN.
Abstract
UNTIL IT IS MADE EXPLICIT THAT THE OFFENSE WAS DETERMINED BY FACTORS OTHER THAN THE FREE WILL OF THE OFFENDER, THE SANCTIONS OF THE CRIMINAL JUSTICE SYSTEM WILL REMAIN RETRIBUTION RATHER THAN TREATMENT. THE PSYCHOLOGICAL DEFAMATION OF THE OFFENDER IMPLIED BY RETRIBUTION IS THE MAJOR FACTOR STANDING IN THE WAY OF EFFECTIVE REHABILITATION. --IN GERMAN