NCJ Number
142837
Journal
Howard Journal of Criminal Justice Volume: 32 Issue: 2 Dated: (May 1993) Pages: 127-135
Date Published
1993
Length
9 pages
Annotation
The findings of empirical research indicate that many prisoners in Germany take their governors to court, but only a few of these prisoners succeed in getting what they want.
Abstract
To obtain an overview of the use of judicial remedies by inmates, this study surveyed all 15 higher courts that handle prison law cases. For the year 1986, they reported 1,426 cases that involved a conflict between prisoners and prison authorities. The study estimates that approximately 5,000 to 10,000 prison cases reach the German courts annually. The overall success rate of prisoners in high courts is approximately 7 percent, but the majority of these successes are only preliminary, since they consist of referrals back to the lower court. A followup of these referrals to their final decision found that in more than 50 percent of the cases, the prison administration was successful, and in only 12 percent of the cases did the inmate win the case. Taking this into account, the success rate of prisoners falls to approximately 3.5 percent. Even when the court orders the prison administration to grant the prisoner a specific application or to refrain from a specific action, the prison authorities can drag out the implementation process for months. Finally, only a minority of successful litigators get what they originally wanted, and those who do receive the benefits sought receive them much later than desired. Court interventions do help to clarify important points of law, but they are not helpful for prisoners in their daily conflict with the prison administration. Some sort of ombudsperson would be appropriate for more efficient and effective processing of inmate complaints. 19 notes and 9 references