Incarcerations in Germany

In Germany, incarcerations are generally only used briefly. Due to the low number of offenders who receive prison sentences, the country relies too heavily on non-custodial and alternative punishments. (Subramanian, Shames, & Vera Institute of Justice, 2013). Germany has made significant investments in its judiciary. There are numerous courts that can consider the case and higher courts to which appeals can be made, depending on the seriousness of the crime committed. Until their culpability is established, the accused is always assumed to be innocent. Germany’s legal system upholds human integrity and forbids the treatment of accusers with cruelty.

To determine whether there are sufficient grounds for a recognized charge, the prosecution first conducts a pre-trial inquiry. When a prosecutor finds out that there is a formal indictment, the case is transferred to the appropriate court where the judges decide if the evidence qualifies for a trial. A defense counsel is allowed for a serious offense, and the German law highly protects the rights of the accused. Prosecutors in Germany have powers to divert offenders away from prosecution.

In American court system, there is no pre-trial and the judges always have little or no knowledge about the case facts until evidence on the matter is introduced to the court. Lawyers in Germany are not as active as those in the United States, and the judge is the one that obtains any testimonies from witnesses. Witnesses in Germany are directly questioned during trial proceedings to get the truth from them rather than examination and cross-examination like in the United States (Reichel, 2008). In the U.S, sentencing is highly practiced, and crimes of rape and assault take not less than two years in prison.

The conditions of confinement in Germany prisons are less punitive but goal oriented. Offenders enjoy positive interactions with the staff, and the correction system focuses on education and training. Inmates are trained to be more independent once out of prison by equipping them with skills they need in their daily lives. Unlike other states, prisoners have absolute control of their lives which includes control over their time, not dressing in prison uniforms and the freedom to prepare their meals (Dahle, 2006). Prisoners are respected and their dignity highly upheld. The officers in Germany are highly trained to recognize prisoners and treat offenders humanely with the understanding of the negative consequences of solitary confinement.

Based on this information, I believe, the prison system can be justified as one of the best. From my views, the system treats inmates humanely, and this encourages them to act like humans once outside penitentiary. Some of the restrictions on inmates which are seen in other systems are the ones that fuel their reentry into crime again. Also, reintegration into the society is more comfortable with this system because of the close ties with the community while in prison. This makes individuals get quickly absorbed into the standard social life once outside of prison. Finally, the education given to the offenders makes the independent and able to cope better with life through the use of life skills learned in prison. The idea of the prison system is a therapy focusing on what causes people to commit a crime and coming out with better ways of reducing such crimes as opposed to other methods which punish criminals for their atrocities (Lynch, 2002).

Ethical concerns regarding the correctional system of the country include providing the prisoners too much freedom including much association with the society. In essence, this would give criminals a chance to propagate crime activities outside prison as it improves the links between criminals and others. In addition to this, much freedom and less punishment to offenders reduce deterrence to crimes when the consequences of prison are accessed because life in prison is almost similar to being away from prison. Besides, providing mother-baby units raises ethical concerns regarding the behavior of the child. Early developments of children would assimilate the practice from the mother who is a criminal and make the child learn and develop this in future. Babies could get better parental care from relatives outside the prison and be raised into better citizens in the future.

Regarding the court system, provision of diversions raises ethical concerns regarding punishment of offenders. Offenders through fines easily evade prison, and this does not encourage deterrence into crime in the future. Criminals should face sentencing in proportion to the crime they have committed, and this instills deterrence in future. Diversions through the payment of money through transactions enable criminals to buy out freedom, and this is a compromise on the justice offered to the victim. Suspending sentences and shorter duration of sentencing also raises ethical concerns regarding the fairness or legitimacy provided to the victim. Germany is soft on sentencing, and this is not ethical regarding the crimes committed which in some states are considered as felonies.

The United States court system should include pre-trial in its court system to equip the judges with knowledge on the facts of the case rather than just introducing the evidence in the courtroom. Regarding the correctional system, prison conditions should be developed and reforms which encourage rehabilitation established rather than punishment. The change in the person is the most important thing to prevent reentry into crimes once out of prison. Staff relationships with offenders should be enhanced and more human, and the environment in the cells should be comfortable to improve the rehabilitation process (Garland, 2002).

In Germany, a fair trial should include the judgment of the society, and therefore, it is highly recommended to integrate examination by the jury to the many courts and judges available. The court system should remove diversions which limit prosecutors and obstruct justice. In the correctional system, freedom to the offenders should be restricted primarily outside the prison facility since such freedom can propagate criminal activities and links with other criminals outside detention centers.

References

Dahle, K. (2006). Strengths and limitations of actuarial prediction of criminal reoffence in a German prison sample: A comparative study of LSI-R, HCR-20 and PCL-R. International Journal of Law and Psychiatry, 29(5), 431-442. doi:10.1016/j.ijlp.2006.03.001

Garland, D. (2002). Crime Control and Social Order. The Culture of ControlCrime and Social Order in Contemporary Society, 193-206. doi:10.1093/acprof:oso/9780199258024.003.0008

Lynch, M. (2002). The Culture of Control: Crime and Social Order in Contemporary Society:The Culture of Control: Crime and Social Order in Contemporary Society. PoLAR: Political html_ent glyph="@amp;” ascii="”/ Legal Anthropology Review, 25(2), 109-112. doi:10.1525/pol.2002.25.2.109

Reichel, P. L. (2008). Comparative criminal justice systems: A topical approach. Upper Saddle River, NJ: Pearson Prentice Hall.

Subramanian, R., Shames, A., & Vera Institute of Justice. (2013). Sentencing and prison practices in Germany and the Netherlands: Implications for the United States.