NCJ Number
85667
Journal
Bewaehrungshilfe Volume: 28 Issue: 1 Dated: (1981) Pages: 32-43
Date Published
1981
Length
13 pages
Annotation
Pretrial detention decisions in West Germany are made without clear criteria and sufficient information, under time constraints, and for social control motives not specified by law. A social worker detention hearing assistance program is intended to ameliorate these shortcomings and balance the potential for injustice.
Abstract
Judges use permanent residence, stable family relationships, and employment as principal criteria for pretrial release. Thus, persons whose life circumstances evidence instability are more likely to be detained. Preparation time for detention hearings is too brief for verifying arrest report data or obtaining additional information. Furthermore, detention is viewed as a form of immediate punishment and applied by judges for deterrent effect. Social worker intervention aims to provide judges with better case information and interpretation of background circumstances. In addition, it helps to alleviate defendants' arrest trauma and clarify confusion about court proceedings. A pilot project in Hamburg proved helpful in selected cases, but an effective program would require service provision to all clients facing detention hearings. The future of such programs depends upon a commitment of the judiciary equal to that of the social workers. A total of 27 footnotes is provided.