NCJ Number
63968
Date Published
1979
Length
7 pages
Annotation
THE REGULATIONS PROTECTING WEST GERMAN CITIZENS AGAINST OFFICIAL ABUSE OF CRIMINOLOGICAL TECHNOLOGY ARE ANALYZED AND CRITICIZED.
Abstract
DUE TO THE COMPLEXITY OF THE SUBJECT AND THEIR LACK OF INFORMATION, FEW AVERAGE CITIZENS ARE ABLE TO EVALUATE THE POSITIVE AND NEGATIVE REPERCUSSIONS OF FORENSIC CRIMINOLOGY IN THEIR LIVES. DESPITE THE CONSIDERABLE POTENTIAL OF FORENSIC CRIMINOLOGY IN CRIME PREVENTION, THE WEST GERMAN CODE OF CRIMINAL PROCEDURE PROVIDES THAT THE RESPECT FOR HUMAN DIGNITY TAKE PRECEDENCE OVER THE DETECTION OF TRUTH. THE CODE OF CRIMINAL PROCEDURE FORBIDS THE USE OF TORTURE, NARCOANALYSIS, HYPNOSIS, POLYGRAPHS, AND LIE DETECTORS IN INVESTIGATING AN OFFENSE. TECHNICAL MEANS OF COERCION SUCH AS GUNS OR 'CHEMICAL MACE' ARE REGULATED BY COMPLEX LEGISLATION WHICH IS SOMETIMES BEYOND THE COMPREHENSION OF THE INDIVIDUAL POLICE OFFICER. MEDICAL TESTS AGAINST THE SUBJECT'S WILL ARE ONLY PERMITTED IF NO HARMFUL PHYSICAL CONSEQUENCES CAN BE EXPECTED; THE PRINCIPLE OF THE PROPORTIONALITY OF THE MEASURE TAKEN AND THE OFFENSE MUST BE USED AS A GUIDE. NEW TECHNIQUES OF BUGGING AND WIRETAPPING HAVE INCREASED THE OFFENSES AGAINST THE RIGHT TO PRIVACY, AND, THOUGH MANY OF THESE OFFENSES ARE IN THE PRIVATE SECTOR (NEVER TO BE REPORTED TO THE POLICE), THE LEGAL POSSIBILITIES OF WEST GERMAN POLICE OFFICERS, JUDGES, PROSECUTORS, AND POST OFFICE OFFICIALS FOR SUSPECT SURVEILLANCE ARE TOO LIBERAL. A NEW LAW RESTRICTING THESE POSSIBILITIES HAS BEEN DELAYED. GREAT PROGRESS IN THE FIELD OF CRIMINOLOGY WAS INITIATED THROUGH THE USE OF DATA PROCESSING IN ANALYZING EVIDENCE, IDENTIFYING OFFENDERS, AND IMPROVING PREVIOUSLY UNRELIABLE CRIME STATISTICS. IF HANDLED PROPERLY, THE NEW FORENSIC OPPORTUNITIES IN PREVENTING AND DETECTING CRIME WILL BE OF BENEFIT TO THE GENERAL POPULATION. THE ARTICLE CONTAINS NO REFERENCES. --IN GERMAN. (SAJ)