Criminological Research Trends in Western Germany: German Reports to the 6th International Congress on Criminology in Madrid 1970

184 Pages·1972·3.743 MB·English

by  Thomas Würtenberger (auth.), Günther Kaiser, Thomas Würtenberger (eds.)

Criminological Research T rends
in Western Germany
German Reports to the 6th International Congress on Criminology
in Madrid 1970
Edited by
Gi.inther Kaiser Thomas Wiirtenberger
Springer-Verlag Berlin Heidelberg GmbH 1972
This publication was kindly supported by
the Deutsche Forschungsgemeinschaft.
ISBN 978-3-540-05754-3 ISBN 978-3-642-49171-9 (eBook)
DOI 10.1007/978-3-642-49171-9
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Editor's Preface
The articles in this volume were originally reports conceived as
Germany's contribution to the 6th International Congress of Criminology
in Madrid. Impressions gained at this world congress, prompted our decision
to make these papers available in the English language. In this way we hope
to make accessible to an international audience the most recent reflections,
approaches and research findings of criminologists in the Federal Republic
of Germany.
We are adding to this collection a bibliography listing all criminological
monographs published in German within the last five years. It seems to us
that a systematic survey of the literature is highly suitable for completing
the picture outlined in the various articles. This should provide some idea
of the focal points and tendencies of the present thinking and of the efforts
at institutionalization in German criminology. Last but not least, this col
lection may help to revise the opinion that criminology in the German
speaking world is still largely biologically oriented.
The editors are aware of the scholarly and editorial risks connected with
the publication of such a volume. Nevertheless they believe that these risks
have to be faced in order to provide information about the present crimino
logical thinking in the Federal Republic of Germany and to illustrate its
close links with the international scene. We hope that this book will be
accepted by the international public as a contribution to a "comparative
criminology". Should this venture find an interested audience, similar
volumes could follow in regular intervals.
We received valuable editorial assistance from the staff of the crimino
logical research unit at the Max-Planck-Institute for Foreign and Inter
national Penal Law. Cordial thanks are expressed to Mrs. ANEMONE CARL
and Mrs. HEIDI BERTSCH for translating the first seven articles and to
Dr. KURZINGER, Mr. FE EST and Mr. SITZLER for compiling the bibliography.
Many thanks are also due to Professor Dr. ALBERT HESS of the State Uni
versity of New York at Brockport for his stimulating critical remarks and
translation assistance, to the Deutsche Forschungsgemeinschaft (German
Research Association) for much appreciated financial support and to
Springer-Verlag for its cooperation and assistance, and especially for ven
turing to undertake this edition.
Freiburg, September 1971 GUNTHER KAISER
THOMAS WURTENBERGER
Contributors
ULRICH EISENBERG, Research Associate at the Institute for
Dr. jur. Criminology, University of Tiibingen
GUNTHER KAISER, Professor of Criminology, University of
Dr. jur. Freiburg, and Head of the Criminological
Research Unit at the Max-Planck-Institute
for Foreign and International Criminal
Law, Freiburg
HANS-JU RGEN KERNER, Research Associate at the Institute for
Criminology, University of Tiibingen
HEINZ LEFERENZ, Professor of Criminology, University of
Dr. jur., Dr. med. Heidelberg, and Director of the Institute of
Criminology, University of Heidelberg
RAINER LEISNER, Psychologist, Heidelberg
FRIEDRICH SCHAFFSTEIN, Professor of Criminal Law, Juvenile Penal
Dr. jur. Law, Penology and Criminology, University
of Gottingen
HARTMUT SCHELLHOSS, Sociologist, Employee of the Ministry
Dr. phil. of Laws N orthrhine-Westphalia, in charge of
special tasks concerning probation statistics
and criminological training
THOMAS WURTENBERGER, Professor of Criminal Law, Criminal
Dr. jur. Procedure, and Criminology, University of
Freiburg, and Director of the Institute of
Criminology and Penology of this University.
Contents
Section 1: General Problems Concerning Scientific Research in
Criminology
The Present State of Scientific Research in Criminology.
By THOMAS WiiRTENBERGER . 2
The Relationship between Scientific Research and Criminal
Policy. By GiiNTHER KAISER . 15
The Relationship hetween Scientific Research and Teaching
in Criminology. By HANS-]URGEN KERNER 35
Section 2: Probation Research
Research on Sentencing in Probation and Especially the
Choice of Delinquents to Be Put on Probation. By HEINZ
LEFERENZ . 58
Investigations on the Validity of Prediction Tables in the
Field of Probation. By HEINZ LEFERENZ 62
Research into the Effectiveness of Probation Results. By
FRIEDRICH SCHAFFSTEIN . 74
Section 3: Problems of Methodology
Research Priorities in Criminology. By ULRICH EISENBERG 90
Necessity and Function of Interdisciplinary Criminology.
By HARTMUT SCHELLHOSS 101
Section 4: Research in Progress
Psychotherapeutic Treatment In German Penal Institu-
tions. By RAINER LEISNER . 112
Section 5: Criminological Bibliography
(of the German speaking countries, 1965-1970) 133
Name Index. 167
Subject Index 174
SECTION 1
General Trends Concerning Scientific Research
in Criminology
The Present State of Scientific Research
in Criminology
THOMAS WURTENBERGER
A. Survey on Criminological Research
in the Federal Republic of Germany
1. Universities
In the Federal Republic of Germany criminological research is carried
out mainly by university departments, hospitals and institutes. Centers of
actual criminological research are to be found mostly in criminological
institutes, but also in sociological, medical and forensic institutes. In the
following the various recent research projects of these institutes are listed
in order to give an overall picture on those subjects on which, at the
present time, criminological research in the Federal Republic of Germany
is focusing.
1. Berlin
In the Institute of Sociology at the Free University of Berlin the fol
lowing research projects have been terminated: the sociology of drug ad
diction, the theory of "differential association" within the sociology of
deviant behavior, the situation of criminal sociology in the Federal Re
public of Germany with special regard to the phenomenon of recidivism, the
delinquency of juvenile gangs in the lower classes and contributions of
sociology and psychology to a social science theory of criminality. Studies
on the socialization process in families of alcoholics, on problems of crimi
nal theory in the German Democratic Republic and on the sociology of
juvenile delinquency III the Federal Republic of Germany have not yet
been completed.
2. Bielefeld
At the Sociological Faculty of the University of Bielefeld investigations
are being carried out on juvenile delinquency as well as on problems of
deviant behavior and social classes. Furthermore, role structures and role
Present State of Scientific Research in Criminology 3
conflicts in a penal institution and the chronological aspects of socialization
in penal institutions were studied. In addition, an investigation of the
structural conditions for resocialization was completed. Presently, criminal
careers and group-related learning processes are being investigated. A study
of the social situation of released prisoners is in the planning stage. Studies
on the sociology of deviance and on social work are planned for the coming
year.
3. Erlangen - Nurnberg
In the Social Science Research Center of the University of Erlangen -
Nlirnberg an investigation of family and environment data of juvenile
offenders and neglected juveniles could be terminated. This is an individual
study within a large research project under the working title: "The effects
of family constellations on the individual, his social relations and on the
following generation". In the course of this project there is presently an
individual investigation being carried out on disorders in the development
of social behavior.
At the Institute of Sociology and Social Anthropology of the same Uni
versity a preliminary investigation is being carried out on the role of the
probation officer.
4. Frankfurt a. M.
In the Institute of Criminology at the University of Frankfurt disser
tations are concerned with different offenses under legal and criminological
aspects: e. g. robbery, extortion, procuring, poaching, tax evasion, fraudu
lent bankruptcy, child abuse, simulation of crimes against an agency of
social control, aiding and abetting, trespassing, embezzlement, distribution
of pornography, concealment of stolen goods, offenses against liberty, mass
offenses, and so forth.
5. Freiburg i. B.
In the Institute of Criminology and Penology at the University of Frei
burg i. B. several studies on partial aspects of the problem "Family and
Juvenile Delinquency" have been finished and published. At the same In
stitute another research project is pending, entitled "Problems of Correc
tional Reform". This study investigates problems of inmate work, leisure
time in penal institutions, treatment of offenders in correction, open and
semi-open institutions, prison newspapers, co-administration by prisoners
and inmate councils as well as classification in penal institutions. Further
more, a study of bank robbery in the Federal Republic of Germany under
the aspects of the offense, the offender personality, the sentencing practice