NCJ Number
49465
Journal
Bewaehrungshilfe Volume: 25, V 2 Dated: (1978) Pages: 93-99
Date Published
1978
Length
7 pages
Annotation
THE DEVELOPMENT OF SOCIAL ATTITUDES TOWARD LONG-TERM PUNISHMENT IS TRACED IN CONNECTION WITH THE ELIMINATION OF CAPITAL PUNISHMENT.
Abstract
IN THE 19TH CENTURY, A STRONG ORIENTATION IN LAW TOWARD DEMOCRACY AND EQUALITY DEVELOPED IN A PARALLEL FASHION, IF AT DIFFERENT TIMES, IN MOST EUROPEAN COUNTRIES. RECENTLY, NORMS HAVE BECOME LESS STRICT, PRISON TERMS ARE SHORTER, ALTERNATIVE PENALTIES ARE SOUGHT, AND DECRIMINALIZATION IS GAINING WIDE ACCEPTANCE. STAGES FOR OUTLAWING CAPITAL PUNISHMENT INCLUDE REDUCTION OF DEATH SENTENCES AND EXECUTIONS, RETURN TO VERY LONG-TERM PRISON SENTENCES, GROWING DOUBTS ABOUT THE JUSTIFICATION FOR LONG PRISON TERMS, AND RECOURSE TO SHORT PRISON TERMS. THE ADVANCED PRACTICES OF DENMARK PROVIDE FOR ANNUAL INTERVIEWS WITH EACH PRISONER TO DECIDE ON PROPER REHABILITATION MEASURES AND TO REVIEW THE POSSIBILITY OF RELEASE. THE MORE RELAXED ATTITUDE TOWARD THE DEATH PENALTY AND LONG PENALTIES IN THE LAWS OF MANY EUROPEAN COUNTRIES SUGGESTS THAT IN THE FUTURE SENTENCES WILL BECOME EVEN SHORTER AND PRISONS MORE HUMANE. ELEMENTS WHICH CAN DETERMINE THE FUTURE COURSE OF LAWS AND PRACTICE REGARDING CAPITAL PUNISHMENT INCLUDE PUBLIC OPINION (PRESENTLY DECIDEDLY IN FAVOR OF CAPITAL PUNISHMENT ESPECIALLY FOR MURDERERS AND TERRORISTS); SOCIAL AND CULTURAL TRADITION, WHICH IN EUROPE FAVORS REHABILITATION; CHANGES IN SOCIAL PATTERNS, SUCH AS EXTREME CRIMINAL TENDENCIES WHICH MAY REQUIRE RADICAL CONTROL MEASURES; AND THE POOR ECONOMIC OUTLOOK, WHICH RENDERS REFORMS SUCH AS PRISON QUALITY IMPROVEMENTS, AND PRISON PERSONNEL EDUCATION FINANCIALLY IMPOSSIBLE. IT SEEMS LIKELY THAT PRISON SENTENCES WILL CONTINUE TO DIMINISH FOR MOST CRIMES, BUT CRIMINALS WHO POSE A REAL DANGER TO SOCIETY WILL REMAIN IN PRISON--EVEN IN THIS CASE THEIR BASIC HUMAN RIGHTS WILL BE CONSIDERED. --IN GERMAN. (KMD)