NCJ Number
56829
Journal
Cornell International Law Journal Volume: 12 Issue: 1 Dated: (NOV 1979) Pages: 43-64
Date Published
1979
Length
22 pages
Annotation
THE UNITED STATES HAS ADJUSTED TO ITS RISING CRIME RATES BY USING SELECTIVE PROSECUTION TO AVOID OVERLOADING THE COURTS; UNDER THE COMPULSORY PROSECUTION SYSTEM OF THE FEDERAL REPUBLIC OF GERMANY THIS IS NOT POSSIBLE.
Abstract
THE CRIME RATE IN WEST GERMANY IN STILL FAR BELOW THAT OF THE UNITED STATES, BUT THE TREND TOWARD RISING PERSONAL AND PROPERTY CRIME RATES PARALLELS THE RISE IN THE U.S. IN THE 1960'S AND 1970'S. LIKE THE U.S., THE FEDERAL REPUBLIC OF GERMANY IS RELUCTANT TO ADMIT THAT THIS MAY BE A PERMANENT PHENOMENON, BUT THE CRIMINAL JUSTICE SYSTEM IS SLOWLY ADJUSTING TO THE BURDENS PLACED ON IT BY INCREASING NUMBERS OF PROSECUTIONS. IN THE UNITED STATES, PROSECUTORIAL DISCRETION HAS BEEN USED TO RELIEVE THE BURDEN ON COURTS AND CORRECTIONS SYSTEMS. IN GERMANY THERE HAS BEEN AN INCREASING USE OF FINES IN PLACE OF IMPRISONMENT, BUT THIS IS DUE AS MUCH TO AN EMPHASIS ON REHABILITATION AS TO A DESIRE TO AVOID OVERCROWDED PENAL INSTITUTIONS. GERMANY CANNOT USE PROSECUTORIAL DISCRETION BECAUSE ITS CRIMINAL LAW DEMANDS PROSECUTION. THE LEGAL SYSTEM HAS RESPONDED TO RISING CRIME RATES INSTEAD BY DECRIMINALIZING AS MANY MINOR OFFENSES AS POSSIBLE, THUS AVOIDING COMPULSORY PROSECUTION FOR SUCH ACTS. BUT THE MAJOR RISE HAS BEEN IN ROBBERIES, BURGLARIES, AND OTHER SERIOUS FELONIES. GERMANY MAY BE FORCED TO ADOPT DISCRETIONARY PROSECUTION STRATEGIES WITH ALL THEIR DISADVANTAGES. INCREASES IN CRIME MAY ALSO FORCE PRIVATE CITIZENS IN GERMANY TO ADOPT THE TYPE OF CRIME CONTROL MEASURES WHICH ARE COMMON IN THE U.S.--ANTI-SHOPLIFTING SECURITY OFFICIALS IN DEPARTMENT STORES AND PRIVATE INDUSTRIAL SECURITY GUARDS. THIS COMPARATIVE STUDY IS HEAVILY FOOTNOTED. (GLR)