NCJ Number
78895
Journal
Monatsschrift fuer Kriminologie und Strafrechtsreform Volume: 63 Issue: 4 Dated: (August 1980) Pages: 193-206
Date Published
1980
Length
14 pages
Annotation
Tendencies of West German judges to avoid imposing life imprisonment sentences are analyzed.
Abstract
Although the German Supreme Court has upheld the constitutionality of the mandatory life sentence, courts have developed specific strategies to adjust the inflexible rules to social realities. Trends are determined in this study by examination of official statistics and of 1970/71 records of 820 murders in Baden Wurttemberg. Statistics indicate that juvenile convictions for murder have risen faster than juvenile convictions for murder under extenuating circumstances, while the reverse is true for adults. Furthermore, while the number of adult murder convictions rose 81 percent between the periods 1959-1963 and 1974-1978, the increase in life sentences was only 42 percent. In 1958-63, two of three adults convicted of murder received life sentences. As juveniles do not receive life sentences, the statistics seem to indicate a change in attitude toward imposition of life sentences. Statistics on cases in Bad-Wurttemberg suggest that about 45 percent of the individuals originally indicted for murder are actually convicted of murder with extenuating circumstances. The redefinition is more likely to occur for foreigners, juveniles, and the individuals without previous records than for previously convicted Germans over 25 years old. Thus, characteristics of the murder suspect are as relevant to the sentencing policy as the character of the offense. Murder convictions are more common than convictions for murder with extenuating circumstances among individuals who have no income, lower class broken families, and a low IQ. The nature of the murder conviction is also correlated to the quality of defense counsel. Study of the sentences imposed for murder and murder under extenuating circumstances show that judges do use the murder under extenuating circumstances option as a means of avoiding life sentences. But sentences for murder under extenuating circumstances reduced from murder are generally twice as long as sentences for cases of uncontested murder under extenuating circumstances. The process of avoiding life sentences is unacceptable because the real grounds for leniency decisions cannot be cited and may result in discriminatory justice. Recognition of grounds for leniency and limitation of the 'life sentence' to about 15 years by introduction of parole after that point are recommended. Tables, notes, and a bibliography are supplied.