By Orlan Lee, T. A. Robertson (auth.)
XIV obvious as an entire, even though, I regard the paintings sooner than us to be in particular noteworthy accurately due to its illumination of either the social contexts surrounding the legislation and the guidelines which underlie the efforts in the direction of felony legislations reform. An research of this type has now not seemed in the past, to my wisdom, even within the German literature at the topic, in order that this publication is of significant worth to ·the German reader in addition to the yankee. B. details In bankruptcy IV: A the authors supply a common creation into the improvement of the German legal legislation reform. In that connection they realize the certain function of the Christian Democratic (CDU), Socialist (SPD) coalition within the political scenario [leading to passage of the reform law]. The authors emphasize the significance of the creation of a uniform legal sentence [that is to assert ·the termination of the excellence among forms of criminal sentences] and the removal of brief time period felony sentences, because the details of the reform within the "general half" of the code. They comment (pages one hundred seventy; 192) uniform suggestion of the aim of punishment continues to be missing, even though, whilst all is expounded, there's a basic contract at the precept of resocialization.
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Extra info for “Moral Order” and the Criminal Law: Reform Efforts in the United States and West Germany
Example text
Needless to say, those who insist on trial and are then convicted of higher order crimes are disproportionately over-penalized by comparison with those who have pleaded guilty to a lesser offense, but for what may be practically the same order of crime. Recently the first census of city and county jails was conducted by the Census Bureau for the Law Enforcement Assistance Administration of the Department of Justice. S. , 1967, p. 9. S. ); Donald J. Newman: Conviction: The Determination of Guilt or Innocence Without Trial.
11 Then there are the criminal laws, enforced by the state police force, which have been the primary means used to deal with the death and injury toll of the automobile. ] .. , p. 3: "These crimes can no more be lumped together for the purposes of analysis than can measles and schizophrenia, or lung cancer and a broken ankle. As with disease, so with crime: if causes are to be understood, if risks are to be evaluated, and if preventive or remedial actions are to be taken, each kind must be looked at separately.
This apparent harshness toward offenders was immediately mitigated when the issue of rights of the individual was posed. (p. 46) (Cf. ) •• The right to a speedy trial was specifically re-emphasized by the Warren Court in Klopfer v. S. 213 (1967) in rejecting the usage of an extraordinary device of criminal procedure known as "nolle prosequi with leave" which would entitle the prosecutor to discharge a defendent, but with leave to re-institute proceedings at a later date. Lawyers may ask continuances for their clients' cases for many reasons, but one should not overlook the inherent difficulty in proving a case when it is long delayed.