NCJ Number
64897
Date Published
1978
Length
14 pages
Annotation
RESPONSIBILITIES FOR PAROLE OR PROBATION DECISIONMAKING ARE OUTLINED ACCORDING TO WEST GERMAN AGENCIES CURRENTLY PERFORMING DECISIONMAKING FUNCTIONS.
Abstract
JUDGES ATTEMPT FIRST OF ALL TO AVOID THE NEED FOR INMATE RESOCIALIZATION BY IMPOSING PENALTIES OTHER THAN IMPRISONMENT WHENEVER POSSIBLE. THE COURT FOR EXECUTION OF SENTENCES, WHICH IS PROVIDED FOR BY LAW, CONTROLS AND COORDINATES ALL REHABILITATION EFFORTS IN BEHALF OF SENTENCED OFFENDERS. WHETHER MAIN TRIAL JUDGES SHOULD BE ABLE TO JUSTIFY THEIR SENTENCES FOR THE COURT OF EXECUTION OF SENTENCES WHEN THE NEED ARISES, AND WHETHER MAIN TRIAL JUDGES OR COURTS FOR THE EXECUTION OF SENTENCES ARE RESPONSIBLE FOR MONITORING THE SENTENCE OR FOR REVOKING PAROLE OF A PARTICULAR PRISONER REMAINS PROBLEMATIC. THE VALUE OF CREATING A PROSECUTOR'S OFFICE FOR EXECUTION OF SENTENCES TO COORDINATE ACTIVITIES OF AGENCIES FOR CARRYING OUT SENTENCES IS QUESTIONABLE. ADVANTAGES OF THE COURT FOR EXECUTION OF SENTENCES ARE GREATER FAMILIARITY WITH CASES AND UNIFORM TREATMENT OF OFFENDERS. THE COURT PROVES A DISADVANTAGE WHEN PRISON SENTENCES ARE TOO SHORT TO ALLOW REVIEW OF THE CASE OR WHEN RELEASE IS DELAYED, THEREBY DISCOURAGING THE INMATE OR INTERRUPTING THE INMATE'S TRAINING. PROGNOSES FOR INDIVIDUAL PRISONERS IN MASS INSTITUTIONS IS DIFFICULT, AND 'GOOD GRADES' ARE MEANINGLESS BECAUSE THEY MAY HAVE NOTHING TO DO WITH INMATES' ACTUAL BEHAVIOR. OFFENDER INTERVIEWS BEFORE THE SPECIAL COURT SHOULD NOT BE CONDUCTED AS AN ASSEMBLY-LINE PROCEDURE BUT SHOULD PERMIT EACH INDIVIDUAL TO EXPRESS HIMSELF FREELY AND SHOULD BE EVALUATED SEPARATELY. IN CONSIDERING THE PROGNOSIS FOR EACH OFFENDER, FACTORS SUCH AS ANTISOCIAL BEHAVIOR PATTERNS, DEGREEE OR CRIMINAL FIXATION, CONTINUED PRESENCE OF EARLIER CRIME CAUSES, AND THE INTERVAL SINCE THE OFFENSE SHOULD BE EXAMINED. A CERTAIN RISK IS ALWAYS INVOLVED, BUT IRRESPONSIBLE EXPERIMENTATION WITH REDUCED SENTENCES IS DISCOURAGED. REVOCATION OF PAROLE IS TO BE TREATED AS THE LAST RESORT, WHICH INDICATES FAILURE OF THE RELEASE ATTEMPT. SECONDARY SENTENCE MODIFICATIONS SUCH AS REDUCING THE TERM FOR DRIVER'S LICENSE REVOCATION AND SHORTENING THE SUPERVISORY PERIOD CAN ENCOURAGE RESOCIALIZATION. A UNIFORM METHOD FOR CALCULATING THE DURATION OF SEVERAL SENTENCES TO BE SERVED SEQUENTIALLY IS PRESENTLY UNDER CONSIDERATION. --IN GERMAN. (KMD)