NCJ Number
64575
Journal
Questione Criminale Volume: 3 Issue: 3 Dated: (SEPTEMBER-DECEMBER 1977) Pages: 501-543
Date Published
1977
Length
43 pages
Annotation
A NEW WEST GERMAN LAW ON ADULT CORRECTIONAL INSTITUTIONS, INSPIRED BY RESPECT FOR PRISONERS' RIGHTS AND SOCIAL REINTEGRATION GOALS, IS ANALYZED AGAINST THE BACKGROUND OF RECENT GERMAN PENAL HISTORY.
Abstract
PASSED BY THE WEST GERMAN PARLIAMENT IN 1976, THIS LAW ON THE TREATMENT OF INMATES IN MINIMUM SECURITY CORRECTIONS IS A MILESTONE IN GERMAN PENOLOGY. AGAINST THE HISTORICAL BACKGROUND OF THE ALTERNATING VICTORIES AND DEFEATS FOR THE PENAL PHILOSOPHIES OF RETRIBUTION AND PUNISHMENT VERSUS TREATMENT AND SOCIAL REINTEGRATION, THE 1976 CORRECTIONS ACT IS A COMPROMISE BETWEEN THE ULTIMATE (BUT STILL UTOPIAN) GOAL OF PROGRESSIVE PENOLOGISTS, I.E., THE TOTAL REPLACEMENT OF ALL CUSTODIAL INSTITUTIONS WITH BOLD NEW ALTERNATIVES, AND THE PRESERVATION OF THE PENAL STATUS QUO. EVEN THE 1976 ACT WAS DEALT A SETBACK BY THE PASSAGE OF EMERGENCY ANTITERRORIST LAWS SHORTLY AFTER ENACTMENT OF THE 1976 ACT. AMONG THE KEY PROVISIONS OF THE CORRECTIONS ACT IS THE PROGRESSIVE PARTICIPATION OF CONVICTED OFFENDERS IN THEIR OWN TREATMENT AND THEIR ASSUMING GREATER AND GREATER RESPONSIBILITIES FOR THEIR LIVES AS THE TIME FOR THEIR RELEASE APPROACHES. THE FULL TEXT FO THE ACT (IN AN ITALIAN TRANSLATION) AND A BIBLIOGRAPHY ARE APPENDED. --IN ITALIAN. (LGR)