NCJ Number
78177
Date Published
1979
Length
39 pages
Annotation
An alternative draft to the proposed model police laws of the West German Interior Ministry recommends changes in police law that differ from the model plan.
Abstract
In 1978, new uniform police laws were adopted by the Conference of Interior Ministers. The uniform laws have gone into effect only in Bavaria but are being considered by a number of other States. The uniform laws represent a radical departure from the type of police law promulgated in 1931. Police powers are extended considerably, and prevention is overemphasized. Because of the dangers inherent in such changes, a group of professors and experts in criminology, law, and related fields has produced an alternative model of uniform police laws. The alternative draft is dominated by concern for the legality of the state, preservation of the liberal approach, strengthening of citizens' rights, and consideration of the practical demands of police work. In contrast to the model police laws, the alternative plan stresses that concrete evidence of danger must be present before police can exercise their authority. Thus, preventive activities of police may be acceptable to halt drug traffic but can interfere with citizens' rights when computer data banks are accessed to facilitate police surveillance. Other areas of particular interest are the function of detention, police responsibilities of combatting dangers and protecting public security, identity checks, rules for the use of weapons for self-defense, police force, rules for compensation of damages to individual rights and property resulting from police action, permissible uses of personal information by the police, and rules regarding the police obligation to identify themselves to citizens. A complete text of the alternative plan is provided with a point-by point discussion of the provisions. Appendixes contain alternative proposals for changes in criminal court procedures and the model for uniform police law.