NCJ Number
53049
Date Published
1977
Length
83 pages
Annotation
PRESENT WEST GERMAN JUVENILE LAWS ARE EXAMINED, AND AN EFFORT IS MADE TO ADAPT THEM TO THE NEEDS OF YOUNG ADULTS.
Abstract
ACCORDING TO PRESENT GERMAN LAW, YOUNG ADULTS BETWEEN THE AGES OF 18 AND 21 CAN BE TRIED EITHER AS ADULTS OR AS JUVENILE OFFENDERS, DEPENDING ON THEIR DEGREE OF MATURITY. SINCE THIS DECISION INTRODUCES A HIGHLY SUBJECTIVE FACTOR INTO THE LEGAL PROCESS, THE GERMAN ASSOCIATION FOR JUVENILE COURTS AND JUVENILE COURT ASSISTANCE REQUIRES ALL YOUNG ADULTS TO BE TRIED INDISCRIMINATELY AS JUVENILES. AN EXAMINATION OF THE DIFFERENT MODES OF JUVENILE PUNISHMENT REVEALS HOW EXISTING PROVISIONS MUST BE MODIFIED TO SUIT YOUNG ADULTS. FOR LESSER OFFENDERS, THE ASSOCIATION SUGGESTS A NEW TYPE OF PROBATION PROCEDURE WHICH PLACES SPECIAL EMPHASIS ON THERAPEUTIC TREATMENT, SUITABLE LODGING (E.G. A HOME), WORK, AND THE RESPONSIBLE MANAGEMENT OF PERSONAL INCOME. THE PRESENT PRACTICE OF 'YOUTH ARREST' (A SHORT PRISON TERM OF HARD LABOR, USUALLY IN ISOLATION, WHICH DOES NOT GO DOWN ON RECORD) IS CRITICIZED FOR ITS HIGH RATE OF RECIDIVISM DUE TO LACK OF THERAPEUTIC VALUE. AN EXTENSION OF PSYCHOLOGICAL TREATMENT FACILITIES WHICH MINOR OFFENDERS MUST VISIT WHILE AT LIBERTY IS DEMANDED. MORE EMPHASIS SHOULD BE PLACED ON FINES AND THE REPAIR OF DAMAGES. COMMITMENT TO A JUVENILE CORRECTIONAL INSTITUTION STILL WILL REMAIN THE LAST RESORT IN THE CASE OF SEVERE OFFENDERS. FOR TRIALS, THE ASSOCIATION SUGGESTS THE USE OF A TIME-SAVING WRITTEN PROCEDURE FOR MINOR OFFENSES AND VARIOUS TYPES OF SIMPLIFIED COURT PROCEDURES. IN ADDITION, IT IS EMPHASIZED THAT THE YOUTH WELFARE OFFICE MUST BE RESONSIBLE FOR THE CARE OF YOUNG ADULTS. A SHORT BIBLIOGRAPHY IS APPENDED. --IN GERMAN. (SAJ)