NCJ Number
53230
Date Published
1977
Length
8 pages
Annotation
THE LEGAL DEVELOPMENT AND PRESENT PRACTICE RELATING TO SENTENCES FOR TRAFFIC OFFENSES COMMITTED UNDER THE INFLUENCE OF ALCOHOL IN WEST GERMANY ARE DESCRIBED.
Abstract
THE FIRST JAIL SENTENCES FOR DRUNKEN DRIVING WERE ESTABLISHED BY LAW IN 1964 BECAUSE FINES WERE TOO LOW TO BE EFFECTIVE. THE REFORM OF THE CRIMINAL CODE IN 1969 DRASTICALLY LIMITED THE JAIL TERMS. REAL MILESTONES WERE THE DECISIONS OF TRAFFIC COURT CONFERENCES IN GOSLAR IN 1966 AND 1970, AND THE 1970 BERLIN RECOMMENDATIONS WHICH ADVOCATED UNIFORM SENTENCES, I.E., A FINE OF ONE-AND-ONE-HALF MONTH'S INCOME FOR FIRST OFFENDERS, AND JAIL SENTENCES THEREAFTER. IN PRACTICE, AS INDICATED BY STATISTICS, CASES OF DRUNKEN DRIVING WITHOUT INJURIES OR DAMAGES HAVE BEEN PENALIZED WITH A HIGH DEGREE OF UNIFORMITY. ON THE OTHER HAND, IN CASES OF INJURY OR DAMAGES, THE SENTENCES VARY WIDELY ACCORDING TO THE JUDGE'S ASSESSMENT OF SPECIFIC CIRCUMSTANCES, E.G., THE EXTENT OF ENDANGERMENT AND THE SERIOUSNESS OF INJURIES. UNIFORM PRACTICES IN PROSECUTION AND SENTENCES FOR DRUNKEN DRIVING ARE DESIRABLE BOTH IN THE INTERESTS OF JUSTICE AND FOR THE PURPOSE OF ENCOURAGING DRIVERS TO ABSTAIN FROM CERTAIN KINDS OF BEHAVIOR WHICH HAVE BEEN CLEARLY DEFINED IN LAW AND PRACTICE AS CRIMINAL OFFENSES. TWO STATISTICAL TABLES SHOW TRENDS IN SENTENCES FOR MAJOR CITIES. --IN GERMAN. (KMD)