Criminal Justice In The United States And Germany
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| Author | : Richard F. Wetzell |
| Publisher | : Berghahn Books |
| Total Pages | : 368 |
| Release | : 2014-05-01 |
| Genre | : History |
| ISBN | : 178238247X |
The history of criminal justice in modern Germany has become a vibrant field of research, as demonstrated in this volume. Following an introductory survey, the twelve chapters examine major topics in the history of crime and criminal justice from Imperial Germany, through the Weimar and Nazi eras, to the early postwar years. These topics include case studies of criminal trials, the development of juvenile justice, and the efforts to reform the penal code, criminal procedure, and the prison system. The collection also reveals that the history of criminal justice has much to contribute to other areas of historical inquiry: it explores the changing relationship of criminal justice to psychiatry and social welfare, analyzes representations of crime and criminal justice in the media and literature, and uses the lens of criminal justice to illuminate German social history, gender history, and the history of sexuality.
| Author | : Joy Wiltenburg |
| Publisher | : University of Virginia Press |
| Total Pages | : 226 |
| Release | : 2013-01-07 |
| Genre | : History |
| ISBN | : 081393303X |
With the growth of printing in early modern Germany, crime quickly became a subject of wide public discourse. Sensational crime reports, often featuring multiple murders within families, proliferated as authors probed horrific events for religious meaning. Coinciding with heightened witch panics and economic crisis, the spike in crime fears revealed a continuum between fears of the occult and more mundane dangers. In Crime and Culture in Early Modern Germany, Joy Wiltenburg explores the beginnings of crime sensationalism from the early sixteenth century into the seventeenth century and beyond. Comparing the depictions of crime in popular publications with those in archival records, legal discourse, and imaginative literature, Wiltenburg highlights key social anxieties and analyzes how crime texts worked to shape public perceptions and mentalities. Reports regularly featured familial destruction, flawed economic relations, and the apocalyptic thinking of Protestant clergy. Wiltenburg examines how such literature expressed and shaped cultural attitudes while at the same time reinforcing governmental authority. She also shows how the emotional inflections of crime stories influenced the growth of early modern public discourse, so often conceived in terms of rational exchange of ideas.
| Author | : James Q. Whitman |
| Publisher | : Oxford University Press |
| Total Pages | : 322 |
| Release | : 2005-04-14 |
| Genre | : Social Science |
| ISBN | : 0198035314 |
Criminal punishment in America is harsh and degrading--more so than anywhere else in the liberal west. Executions and long prison terms are commonplace in America. Countries like France and Germany, by contrast, are systematically mild. European offenders are rarely sent to prison, and when they are, they serve far shorter terms than their American counterparts. Why is America so comparatively harsh? In this novel work of comparative legal history, James Whitman argues that the answer lies in America's triumphant embrace of a non-hierarchical social system and distrust of state power which have contributed to a law of punishment that is more willing to degrade offenders.
| Author | : Maria R. Boes |
| Publisher | : Routledge |
| Total Pages | : 421 |
| Release | : 2016-05-13 |
| Genre | : History |
| ISBN | : 1317157982 |
Frankfurt am Main, in common with other imperial German cities, enjoyed a large degree of legal autonomy during the early modern period, and produced a unique and rich body of criminal archives. In particular, Frankfurt’s Strafenbuch, which records all criminal sentences between 1562 and 1696, provides a fascinating insight into contemporary penal trends. Drawing on this and other rich resources, Dr. Boes reveals shifting and fluid attitudes towards crime and punishment and how these were conditioned by issues of gender, class, and social standing within the city’s establishment. She attributes a significant role in this process to the steady proliferation of municipal advocates, jurists trained in Roman Law, who wielded growing legal and penal prerogatives. Over the course of the book, it is demonstrated how the courts took an increasingly hard line with select groups of people accused of criminal behavior, and the open manner with which advocates exercised cultural, religious, racial, gender, and sexual-orientation repressions. Parallel with this, however, is identified a trend of marked leniency towards soldiers who enjoyed an increasingly privileged place within the judicial system. In light of this discrepancy between the treatment of civilians and soldiers, the advocates’ actions highlight the emergence and spread of a distinct military judicial culture and Frankfurt’s city council’s contribution to the quasi-militarization of a civilian court. By highlighting the polarized and changing ways the courts dealt with civilian and military criminals, a fuller picture is presented not just of Frankfurt’s sentencing and penal practices, but of broader attitudes within early modern Germany to issues of social position and cultural identity.
| Author | : Floyd Feeney |
| Publisher | : Brill Nijhoff |
| Total Pages | : 0 |
| Release | : 2005 |
| Genre | : Criminal justice, Administration of |
| ISBN | : 9781571053480 |
Building on the emerging principle that no organism as complex as a criminal justice system can be well understood solely through an analysis of one or two features, the book introduces the unique perspective of a new, more holistic, case-oriented method of comparison. Using California as the model for the adversarial system and Germany as the model for the inquisitorial system, it seeks to add a new dimension to the comparative study of criminal justice. The basic idea is contained in the title, 'One Case-Two Systems'. Containing the first ever side-by-side portrayals of full American and German trials, the book views a single case through two separate lenses -- one American, one German. Returning home unexpectedly from a vacation in the country, an elderly man interrupts a night time burglary in his own house and is attacked as the burglar tries to escape. By portraying an ordinary crime -- a burglary that turns into a robbery -- rather than a dramatic, high-profile murder, the book provides a detailed, working picture of the two systems and the contrasts between them. Allowing the reader to observe and compare the formal steps that cases go through in the two systems, it brings the work of the police, the prosecution, the defense, and the courts to life -- by giving thoughts and reasons as well as actions. Even the most critical documents are included. Designed to illustrate the most important differences between the two systems, the country chapters first portray the California investigation and prosecution and then take the same case through the German system. Investigation, arrest, detention, charging, lawyer discussions and negotiations, the defense attorney-defendant relationship, court hearings, the witnesses' testimony, and the court's rulings -- all are included. Comparative comments follow -- first from a German and then from an American point of view. Often seeing eye-to-eye but sometimes diverging sharply, the two sets of comments focus on the critical issues depicted in the country chapters -- seeking to explain the similarities, differences, and peculiarities of the two systems.
| Author | : Markus Dubber |
| Publisher | : Oxford University Press |
| Total Pages | : 710 |
| Release | : 2014-03 |
| Genre | : Law |
| ISBN | : 0199589607 |
"A systematic and comprehensive comparative analysis, of criminal law, focused on two major jurisdictions: the United States and Germany."--Jacket.
| Author | : Marie Muschalek |
| Publisher | : Cornell University Press |
| Total Pages | : 182 |
| Release | : 2019-12-15 |
| Genre | : History |
| ISBN | : 1501742876 |
Slaps in the face, kicks, beatings, and other forms of run-of-the-mill violence were a quotidian part of life in German Southwest Africa at the beginning of the twentieth century. Unearthing this culture of normalized violence in a settler colony, Violence as Usual uncovers the workings of a powerful state that was built in an improvised fashion by low-level state representatives. Marie A. Muschalek's fascinating portrayal of the daily deeds of African and German men enrolled in the colonial police force called the Landespolizei is a historical anthropology of police practice and the normalization of imperial power. Replete with anecdotes of everyday experiences both of the policemen and of colonized people and settlers, Violence as Usual re-examines fundamental questions about the relationship between power and violence. Muschalek gives us a new perspective on violence beyond the solely destructive and the instrumental. She overcomes, too, the notion that modern states operate exclusively according to modes of rationalized functionality. Violence as Usual offers an unusual assessment of the history of rule in settler colonialism and an alternative to dominant narratives of an ostensibly weak colonial state.
| Author | : Thomas Vormbaum |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 324 |
| Release | : 2013-10-01 |
| Genre | : Law |
| ISBN | : 3642372732 |
Increasingly, international governmental networks and organisations make it necessary to master the legal principles of other jurisdictions. Since the advent of international criminal tribunals this need has fully reached criminal law. A large part of their work is based on comparative research. The legal systems which contribute most to this systemic discussion are common law and civil law, sometimes called continental law. So far this dialogue appears to have been dominated by the former. While there are many reasons for this, one stands out very clearly: Language. English has become the lingua franca of international legal research. The present book addresses this issue. Thomas Vormbaum is one of the foremost German legal historians and the book's original has become a cornerstone of research into the history of German criminal law beyond doctrinal expositions; it allows a look at the system’s genesis, its ideological, political and cultural roots. In the field of comparative research, it is of the utmost importance to have an understanding of the law’s provenance, in other words its historical DNA.
| Author | : Ingo Müller |
| Publisher | : |
| Total Pages | : 376 |
| Release | : 1991 |
| Genre | : History |
| ISBN | : |
Why did the judges, lawyers, and law professors of a civilized state succumb to a lawless regime? What happened to liberalism and the rule of law under the Third Reich? How many of the legal institutions and how much of their personnel carried over to the West German state after World War II?
| Author | : Richard F. Wetzell |
| Publisher | : Univ of North Carolina Press |
| Total Pages | : 365 |
| Release | : 2003-06-19 |
| Genre | : History |
| ISBN | : 0807861049 |
Recent years have witnessed a resurgence of biological research into the causes of crime, but the origins of this kind of research date back to the late nineteenth century. Here, Richard Wetzell presents the first history of German criminology from Imperial Germany through the Weimar Republic to the end of the Third Reich, a period that provided a unique test case for the perils associated with biological explanations of crime. Drawing on a wealth of primary sources from criminological, legal, and psychiatric literature, Wetzell shows that German biomedical research on crime predominated over sociological research and thus contributed to the rise of the eugenics movement and the eventual targeting of criminals for eugenic measures by the Nazi regime. However, he also demonstrates that the development of German criminology was characterized by a constant tension between the criminologists' hereditarian biases and an increasing methodological sophistication that prevented many of them from endorsing the crude genetic determinism and racism that characterized so much of Hitler's regime. As a result, proposals for the sterilization of criminals remained highly controversial during the Nazi years, suggesting that Nazi biological politics left more room for contention than has often been assumed.
