Weigend, Thomas (2016). No News Is Good News: Criminal Sentencing in Germany since 2000. In: Crime and Justice-A Review of Research, S. 83 - 107. CHICAGO: UNIV CHICAGO PRESS. ISBN 978-0-226-44077-4

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Abstract

Sentencing practice in Germany has long been stable, reflecting slightly falling crime rates. Public prosecutors dismiss the majority of cases that the police file with them as cleared. In a significant percentage of provable cases, prosecutors demand a penance payment of suspects in exchange for dismissal; many others are dismissed without any consequence for the suspect. Criminal courts dispose of more than half of cases in a written procedure, routinely accepting the sentence proposals of prosecutors. A growing number of trials result in bargained sentences, that is, sentences agreed on among the judge and the parties. Sentence severity in Germany is generally low. Life sentences are exceptional, and release on parole is available. Overall, only 5 percent of convicted offenders must serve a prison sentence. Another 12 percent receive a suspended prison sentence, and the rest are fined. German society at present does not appear to regard crime and criminal justice as pressing problems. Operating in the shadow of the public interest, agents of criminal justice can pursue a fairly liberal and rational course.

Item Type: Book Section, Proceedings Item or annotation in a legal commentary
Creators:
CreatorsEmailORCIDORCID Put Code
Weigend, ThomasUNSPECIFIEDUNSPECIFIEDUNSPECIFIED
URN: urn:nbn:de:hbz:38-289067
DOI: 10.1086/686041
Title of Book: Crime and Justice-A Review of Research
Series Name: Crime Justice
Volume: 45
Page Range: S. 83 - 107
Date: 2016
Publisher: UNIV CHICAGO PRESS
Place of Publication: CHICAGO
ISSN: 0192-3234
ISBN: 978-0-226-44077-4
Language: English
Faculty: Faculty of Law
Divisions: Faculty of Law > Strafrecht > Professur für ausländisches und internationales Strafrecht
Subjects: Law
Uncontrolled Keywords:
KeywordsLanguage
Criminology & PenologyMultiple languages
Refereed: Yes
URI: http://kups.ub.uni-koeln.de/id/eprint/28906

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