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Sentencing and Punishment in Germany

NCJ Number
155289
Journal
Overcrowded Times Volume: 6 Issue: 1 Dated: (February 1995) Pages: 1,6-10
Author(s)
H-J Albrecht
Date Published
1995
Length
6 pages
Annotation
Sentencing policies and practices in Germany have changed substantially since 1970 due to a significant shift from imprisonment to fines, probation, and various diversionary programs.
Abstract
The prison population in Germany declined from 56,870 in 1963 to 34,398 in 1994. Unsuspended sentences to imprisonment fell from 92,576 in 1967, fluctuated between 30,000 and 40,000 in the 1970's and 1980's, and totaled 32,359 in 1991. In contrast, fines have been ordered in 82 to 84 percent of cases since 1970. The author describes how and why these shifts have occurred and describes modern German case disposition from presentencing through parole. Particular attention is paid to adult sentencing, the prosecution system, parole, and sentencing practices and outcomes. The author discusses Germany's simple system of penalties based on day fines and imprisonment, criminal justice policies after the reunification of Germany, and sentencing reform. 6 references