NCJ Number
64434
Journal
Kriminologisches Journal Volume: 11 Issue: 3 Dated: (1979) Pages: 221-227
Date Published
1979
Length
7 pages
Annotation
CLASS FACTORS AFFECTING PROSECUTION OF CRIMES AS WELL AS DISCRIMINATION AT ALL LEVELS OF THE WEST GERMAN LEGAL PROCESS ARE DISCUSSED IN CONNECTION WITH A CURRENT BOOK ON THE ROLE OF THE PROSECUTOR'S OFFICE IN SOCIAL CONTROL.
Abstract
THE BOOK ANALYZES FORMAL AND INFORMAL FACTORS AFFECTING INDICTMENTS BY THE PROSECUTOR'S OFFICE. ALTHOUGH THE PROSECUTOR'S OFFICE APPARENTLY ONLY CONTRIBUTES A SMALL PORTION TO THE TOTAL DISCRIMINATION OF THE LEGAL SYSTEM AGAINST THE LOWER CLASSES, ITS SELECTIVE FUNCTION IS PARTICULARLY SIGNIFICANT BECAUSE THIS SELECTION LABELS BEHAVIOR AS LEGAL OR ILLEGAL. ONE OF THE MOST DIFFICULT PROBLEMS IS THAT MIDDLE CLASS INDIVIDUALS HAVE OPPORTUNITIES TO COMMIT 'ELEGANT' CRIMES WHICH ARE DIFFICULT TO DISCOVER AND TO PROSECUTE, WHEREAS MEMBERS OF THE LOWER CLASSES ARE MORE LIKELY TO BECOME INVOLVED IN THEFT OR OTHER EASILY INVESTIGATED CRIMES. OVERREPRESENTATION OF LOWER-CLASS INDIVIDUALS IN CRIMINAL PROCEEDINGS IS ATTRIBUTED TO DISCRIMINATORY PATTERNS OF PERCEPTION APPLIED AT EACH STEP OF THE LEGAL PROCESS. DISCRIMINATION IS SLIGHT FOR EACH STEP, AND ONLY BECOMES MARKED COLLECTIVELY, SO THAT NO INDIVIDUAL OFFICIAL MUST DWELL ON THE CONSEQUENCES OF HIS ROLE. STUDIES OF CLASS DISCRIMINATION IN THE SEPARATE STEPS OF THE LEGAL PROCESS MUST ASK QUESTIONS AS WHETHER THE DEFINITION OF CRIMINAL BEHAVIOR IS CLASS-SPECIFIC, TO WHAT EXTENT PATTERNS OF PERCEPTION AND VICTIMS' CRIME REPORTING BEHAVIOR ARE CLASS-RELATED, WHETHER CLASS-SPECIFIC DISCRIMINATION IS ONLY PASSIVE, AND HOW GREAT THE RELATIVE CHANCES OF CRIMINALIZATION ARE FOR MEN VERSUS WOMEN AND FOR JUVENILES VERSUS ADULTS. NOTES AND A BRIEF BIBLIOGRAPHY ARE PROVIDED. --IN GERMAN. (KMD)