International Crime Witness

Running Head: INTERNATIONAL CRIME WITNESS 1

Name

Institution

INTERNATIONAL CRIME WITNESS 2

International Crime Witness

In Germany, incarcerations are rarely used mostly for a short period. The nation depends

too much on non-custodial and diversion sanctions with a small percentage of criminals

sentenced to prison (Subramanian, Shames, & Vera Institute of Justice, 2013). Germany has

invested heavily in courts and judges. Depending on the gravity of the crime perpetrated, there

are many courts which can hear the case and higher courts where appeals can be made. The

accused is always recognized as innocent until proven guilty. Germany court proceedings highly

upheld human dignity and ban cruel punishment or treatment to the accused.

Prosecution starts with a pre-trial investigation to find out if there are grounds for a

recognized charge. 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

INTERNATIONAL CRIME WITNESS 3

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

INTERNATIONAL CRIME WITNESS 4

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).

INTERNATIONAL CRIME WITNESS 5

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.

INTERNATIONAL CRIME WITNESS 6

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.

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