NCJ Number
20351
Journal
Kriminologisches Journal Issue: 1 Dated: (1975) Pages: 36-47
Date Published
1975
Length
12 pages
Annotation
STUDY OF HOW THE SOCIAL CLASS OF THE ACCUSED INFLUENCES THE OUTCOME OF VARIOUS STAGES OF THE CRIMINAL JUSTICE PROCESS IN WEST GERMANY.
Abstract
A RANDOM SAMPLE OF DOCUMENTS IS ANALYZED, DRAWN FROM ARREST FILES OF EIGHT DISTRICT ATTORNEYS, INVOLVING PROPERTY AND ECONOMIC OFFENSES. RESULTS CONFIRM DIFFERENTIAL SANCTIONING OF MEMBERS OF THE LOWER AND MIDDLE CLASSES. THE PROBABILITY THAT A PERSON BELONGING TO THE MIDDLE CLASS WILL ESCAPE PUNISHMENT INCREASES THROUGHOUT THE DIFFERENT STAGES OF THE LAW ENFORCEMENT PROCESS. HOWEVER, A CLOSER ANALYSIS OF THE DATA SHOWS THAT DIFFERENCES IN OPPORTUNITIES TO COMMIT CRIMES GIVE RISE TO CLASS-TYPICAL CRIME STRUCTURES WITH DIFFERENT LEVELS OF VISIBILITY AND POSSIBILITIES OF PROOF. FORMAL AND INFORMAL CRITERIA USED BY OFFICIAL DECISION-MAKERS (E.G., AMOUNT OF DAMAGE, CRIMINAL RECORD) EXPLAIN OR AT LEAST DIMINISH THE OBSERVED CLASS DISCRIMINATION. THE AUTHORS, THEREFORE, SUGGEST SHIFTING THE STUDY OF CLASS DISCRIMINATION IN LAW ENFORCEMENT FROM INDIVIDUAL ATTITUDES TO THE NATURE OF THE OFFICIAL DECISION-MAKING ITSELF (LAW JURISPRUDENCE). --IN GERMAN