NCJ Number
82403
Date Published
1981
Length
15 pages
Annotation
Recent West German law reform proposals have made definitive distinctions between police law and procedural law, but failed to achieve uniformity regarding police powers and limitations among various States and branches of the police. Procedural law reform is at a hiatus, with changes of the 1970's to be tried in practice and other innovations to be considered.
Abstract
Specifically lacking in uniformity are the State laws regulating police use of deadly force and emergency powers. North Rhine Westfalia has failed to outlaw police shooting to kill and it as well as other States continue to permit heavily armed border police under certain circumstances. The proposal attempts to incorporate the South German distinction between police responsibilities and police special powers, but it fails to clarify the concepts, ignores some traditional policing activities, and leaves significant situations to police discretion. Authorization of such police activities as surveillance has been left imprecise, stymying the power to exercise modern crime countermeasures when necessary. Unlike the police law proposals, changes to the rules of criminal procedure are already legislated, having been passed in reaction to abuses of the system precipitated by terrorist defendants in the 1970's. Specifically, the regulations pertain to constraints placed on the behavior of defense attorneys in the courtroom and in contacts with clients to prevent their complicity in continued illegal activity. Despite the basic constitutionality of these measures, they impinge heavily on the rights of both defendants and lawyers and do not represent the best possible solution. Future procedural revisions may have to consider use of 'state's witnesses' and plea bargaining to successfully prosecute members of organized drug rings. The role of pretrial social assistance will also have to be clarified to ensure that a defendant's social and personality assessments find their proper procedural place in case determination. A total of 159 footnotes are given.