NCJ Number
139656
Journal
International Journal of the Sociology of Law Volume: 20 Issue: 2 Dated: (June 1992) Pages: 111-134
Date Published
1992
Length
24 pages
Annotation
This article compares critical issues in inmate rights within the British and German prison systems and discusses inmates' rights in wider constitutional debates on human rights and citizenship in general.
Abstract
These two prison systems were selected for comparison because of the widely held view that the German prison system is a model to be emulated, while the British prison system is generally viewed as oppressive. This article first reviews penal processes in a constitutional context. It notes that the seminal judgement in the development of inmate rights law in Germany was the decision by the Federal Constitutional Court that the basic constitutional rights of inmates as citizens can be restricted only by an act of Parliament. This undermined the previous policy of giving discretion to prison authorities in the restrictions imposed on inmates. This led to the enactment of the Strafvollzugsgesetz, which specifies that life in prison shall resemble conditions outside to the fullest possible extent. The primary innovation of the act is the provision of an independent judicial forum, a special panel, or regional prison court, through which inmates can challenge alleged abuses of power by prison authorities. Although this legislation has been in effect for nearly 15 years, key issues remain unresolved. Significant gaps between theory and practice remain under Germany's geographically and politically diverse system of justice. In Great Britain the absence of a written constitution or bill of rights leaves inmates largely at the mercy of the prison authorities. This subjects inmates to regimes in which they have little control over their immediate environment and few effective avenues in which requests can be made and complaints or grievances resolved. There has been long-standing criticism of the inadequacy and lack of independence of the complaints and grievance procedures in British prisons. Although the German system for implementing inmate rights is seriously flawed, the British system could benefit from the German procedure for hearing inmate complaints. Both systems could do better in limiting the negative effects of imprisonment. 14 notes and 82 references