DETRIMENTAL TENDENCIES AND THE DEGREE OF GUILT AS FACTORS IN JUVENILE SENTENCING - WEST GERMANY (FROM COMMEMORATIVE VOLUME IN HONOR OF ERNST HEINITZ, 1972 EDITED BY HANS LUETTGER)

• NCJ Number: 28279
• Author(s): F SCHAFFSTEIN
• Date Published: 1972
• Length: 16 pages
• Corporate Author: Walter de Gruyter & Co
• Publication Format: Document
• Language: German
• Country: West Germany (Former)

Annotation

THE ETHICAL IDEA OF RIGHTFUL ATONEMENT FOR A WRONG THAT HAS BEEN DONE SHOULD NOT BE REMOVED FROM WEST GERMAN CRIMINAL LAW ONLY TO BE REPLACED BY CONSIDERATIONS OF MERE EXPEDIENCY.

Abstract

THE AUTHOR MAINTAINS THAT IT MUST BE MADE CLEAR, IN A FUTURE LAW REGARDING SANCTIONS FOR JUVENILE OFFENSES, THAT NOT MERELY THE OBJECTIVE SERIOUSNESS OF THE OFFENSE BUT ALSO ALL THE SUBJECTIVE CIRCUMSTANCES THAT ARE OF DECISIVE IMPORTANCE IN DETERMINING DEGREE OF GUILT SHOULD BE TAKEN INTO CONSIDERATION. THESE CIRCUMSTANCES INCLUDE THE FACT THAT MANY JUVENILES HAVE GROWN UP UNDER PARTICULARLY UNFAVORABLE CONDITIONS AND HAVE BEEN SERIOUSLY DAMAED IN THEIR ATTITUDES TOWARD SOCIETY IN EARLY CHILDHOOD. --IN GERMAN