NCJ Number
72399
Date Published
1978
Length
327 pages
Annotation
Police and criminal procedure in a democratic, constitutional state are discussed in this collection of West German papers.
Abstract
The first three papers focus of the characteristics of democratic and constitutional states. The fourth is concerned with the conflict between the traditional police role in the Federal Republic of Germany and the constitutional guarantee of free expression. In the following paper, this conflict as it relates to demonstrations receives special attention. Further, an essay discusses the police responsibility of protecting the state from dangerous and disruptive elements, and it points out the difficulties in defining such elements in a free and democratic society. Two other contributions investigate further aspects of the relationship between democratic rights and political violence. The uncertain position of the police decoy in West German criminal proceedings and law is a topic discussed, as are those situations in which crime prevention measures lead to apparent conflicts between individual and public interests. An analysis of the draft of a uniform police law for West Germany is included, with special emphasis placed on the constitutionality of special police powers and on police use of deadly force. The final paper discusses a recent, well published wiretapping case which involved a nuclear physicist who had associated with a known terrorist. Each paper includes footnotes with references. An index is not present. --in German. Related documents are NCJ 72400-04.