Developments in Crime and Crime Control Research: German Studies on Victims, Offenders, and the Public PDF
Preview Developments in Crime and Crime Control Research: German Studies on Victims, Offenders, and the Public
Research in Criminology Series Editors Alfred Blumstein David P. Farrington Research in Criminology UnderstandingandControllingCrime: TowardA NewResearchStrategy DavidP. Farrington,LloydE. OhlinandJamesO.Wilson TheSocialEcologyofCrime J.M. ByrneandRJ.Sampson(Eds.) TheReasoningCriminal:RationalChoicePerspectiveson Offending DerekB.CornishandRonaldV. Clarke(Eds.) The SocialContextsofCriminalSentencing MarthaA. MyersandSusetteM.Talarico PredictingRecidivism UsingSurvivalModels PeterSchmidtandAnnDrydenWitte Coping, Behavior, andAdaptationinPrisonInmates EdwardZambleandFrankJ. Porporino Prison Crowding:A PsychologicalPerspective PaulB. Paulus OffSchool, In Court:An ExperimentalandPsychiatricInvestigation of SevereSchoolAttendanceProblems I.Berg,I.BrownandR. Hullin PolicingandPunishingtheDrinkingDriver: A StudyofGeneralandSpecificDetemnce Ross Homel JudicialDecisionMaking, SentencingPolicy, andNumerical Guidance AustinLovegrove CriminalBehaviorandtheJustice System:PsychologicalPerspectives HermannWegener,FriedrichLOsel andJochen Haisch (Eds.) Male CriminalActivityfrom ChildhoodThrough Youth: MultilevelandDevelopmentalPerspectives MarcLeBlancand MarcelFrechette continuedafterindex Klaus Sessar Hans-Jiirgen Kerner Editors Developments in Crime and Crime Control Research German Studies on Victims, Offenders, and the Public Springer-Verlag New York Berlin Heidelberg London Paris Tokyo Hong Kong Barcelona Klaus Sessar Centerfor Youth Law and Youth Work, University ofHamburg. 0-2000 Hamburg 13. Federal Republic ofGermany Hans-Jurgen Kerner Institute ofCriminology. University ofTUbingen. 0-7400Tubingen. Federal Republic ofGermany Series Editors Alfred Blumstein School of Urban and Public Affairs. Carnegie-Mellon University. Pittsburgh. Pennsylvania 15213. USA David P. Farrington Institute ofCriminology. University ofCambridge. Cambridge CB3 90T. England LibraryofCongressCataloging-in-Publication Data Developments incrime andcrimecontrol research: German studieson victims. offenders. and the public/KlausSessar. Hans-Jurgen Kerner. editors. p. cm.-(Research incriminology) I. Criminology-Germany (West) 2. Criminology. L Sessar, Klaus. II. Kerner. Hans·Jijrgen. Ill. Series. HV6022.G3D48 1990 364.993-dc20 89-26185 ISBN·I):918-0-387-91081-3 e-ISBN-13:918-1-4612-2990-2 001:10.10011918·1-4612·2990-2 Pnnted onaclll-nee paper. Cl 1991 bySpringer-VerlagNew York Inc. Sof~r reprintofthe hardcover1Stedition1991 Allrightsreserved.Thisworkmaynotbetranslatedorcopiedinwholeorinpartwithoutthewrillen permission of the publisher (Springer-Verlag. 115 Fifth Avenue. New York. NY 100lO. USA). except for briefexcerpts inconnection with reviews orscholarly analysis. Use in connection with anyformofinfonnationstorageandretrieval.electronicadaptation.computersoftware.orbysimilar ordissimilarmethodology now knownorhereafterdeveloped isforbidden. Theuseofgeneraldescriptivenames.trade names. l1'3demarks,etc. inthispublication, even ifthe former arenotespecially identified, is nottobe takenasasign thatsuclt names, as understood by theTrade Marksand Mercltandise MarksAct, may accordinglybeused freely by anyone. Typesetby Best-SetTypographers, HongKong. 9 8 7 6 5 4 3 2 I ISBN-13:918-0-381-91081-3 Springer-VerlagNew York Berlin Heidelberg e-ISBN-13:918-1-4612-2990-2Springer-Verlag Berlin Heidelberg New York Foreword Thiscollection is probably the most sophisticated, theoretically andempirically, that has appearedduring the pastquartercentury inGermany. Germancriminol ogyhasbeenprogressingformany yearsattheMax-Planck-InstituteatFreiburg, and at the universities at Tiibingen, Bielefeld, Hamburg, and Munster without appropriate knowledge and understanding by the English-speaking community ofscholars. This gap, betweenwhatempiricalcriminology inGermany has pro duced and what English and American scholars know, has been unfortunate. German sociology and criminology have moved empirically far beyond Max Weber, but non-German scholars, in their provincialism, are'generally unaware ofthe changes in scholarly research. The scholars ofthis volume are abundantly aware ofthe importance oflongi tudinal studies, as represented by the studies of Karl F. Schumann and Reiner Kaulitzki, by Hans-Jiirgen Kerner, and by Michael C. Baurmann in particular. The National Commission on Law Enforcement and Administration, under President Lyndon B. Johnson'sadministration, was thefirst to launchanational survey on victimization. Germany has further developed victimization surveys, which is gratifying to those of us who helped to promote this kind ofresearch. In the land that gave us Hans von Hentig and the earliest recognition of the importance ofthe victim, we now haveexcellentempirical studiesofvictimiza tion and new models for research. Studiesofthefearofcrimebeganinthe UnitedStates, buttheGermanstudies in this book by Harald Arnold, Klaus Boers and Klaus Sessar, and Bernhard Villmow are marvelous examples ofthe use ofthe latest methodological strate gies for exploring the topic, along with international comparisons. Deterrence theory is alsoexamined in this volume, even beyond theexcellent provocative writings ofAndenaes and Gibbs, by Susanne Karstedt-Henke. Pris onerson leave are aperennial problem in mostcountries, and Friedheim Berck hauer and Burkhard Hasenpusch give us new and satisfying data to promote social policy. Hans-J6rg Albrecht has done the same with promoting day fines, and Bernhard Villmow has promoted victim compensation. Iamespecially impressed with the remark by Boers and Sessarthat "Restitu tion contributes much more to conflictresolution than do fines orimprisonment; vi Foreword it takes intoaccount the victim's needs and interests; and it mayeven be amore effective form ofrehabilitation for the offender." It is also very instructive to notethat, as Albrechtinforms us, only 3to5percentoffined offendersend with a substitute imprisonment and that community service could probably alleviate those few from incarceration. FriedheIm Berckhauer and Bernhard Hasenpusch also enlighten us on the few offenses committed by prisoners on leave of absence. Thegeneralthrustofthe researches in the volume is that(I)German crimino logical research is up to date with the latest methodological and statistical tech niques; (2)cross-nationalcomparisonsare morecommoncomingfrom Germany than from the United States; (3) nonpunitive measures are acceptable and better employed in Germany than in the United States. Itisapleasurefor me to beawitnesstothesedevelopments inGermancrimi nology. When I met my victimology mentor, Hans von Hentig, in Bad Tolz, FRG, shortly after World War II, criminology in Germany was in a relatively dormant stage oftheoretical and empirical development. However, von Hentig told me that, like theeconomyofGermany, criminology would become modem and developed. His inspiration is present in this volume, and Ihope that the rest ofEurope and the United States will come to appreciate how firmly developed German criminology has become by reviewing this collection. Marvin E. Wolfgang Preface Developments in Crime and Crime Control Research: German Studies on Vic tims, Offenders, and the Public contains nine chapters that represent essential aspectsofmodemGermancriminology, both in termsofthecrimephenomenon and ofcrime control. The work is especially addressed to the English-speaking scientific community in the area ofcriminology, victimology, criminal policy, and criminal law. For a long time, Anglo-American scholars knew hardly anything about Ger man criminology, which was mainly a resultofthe language barriers. In recent years, however, several attempts have been made to overcome at least some of the communication problems by providing English readers with extensive over views dealing with current research trends and research projects in Germany. I In addition, many German scholars are contributing to international meetings and English-speaking scholars are attending national and international crimino logical and victimological symposions and conventions in the Federal Republic ofGermany. As a result, there has been a marked increase in the last decades in the scientific exchange ofviews, experiences, and research findings. Inspiteofthedifferentcrimerates in variouscountries, crimeisabasic social problem for all ofthem. However, regarding crime control, there are consider abledifferences that undoubtedly areconnectednotonly with thedifferent mag nitude of the every day crime events but also with the different traditional and functional approaches to the crime problem. For example, highly elaborated North American diversion programs, mediation programs, and victim-offender reconciliation programs have been adopted in Germany with great success. On 'Theseworks areResearchinCriminalJustice (1982), editedby the Criminological Re search Unitofthe Max-Planck-InsituteofForeignand InternationalCriminal Law, Frei burgimBreisgau, Freiburg: Max-Planck-Institute,DeutscheForschungen zurKriminali tiitsentstehungundKriminalitiitskontrollelGermanResearchonCrimeandCrimeControl (1983), 3 Volumes, edited by Hans-Jiirgen Kerner, Helmut Kury, and Klaus Sessar, KOIn: Heymanns (the 65 articles are written in German but also include an English ab stract; each volume has an English preface and subjectindex). CriminologicalResearch inthe80'sand Beyond. Reports fromtheFederalRepublic ofGermany, GermanDemo cratic Republic, Austria, Switzerland (1988), edited by GUnther Kliiser, Helmut Kury, and Hans-J6rg Albrecht, Freiburg: Max-Planck-Institute. viii Preface the otherhand, the use ofimprisonment as asentence that is predominant in the United States and recently also in the United Kingdom, is gradually decreasing inGermany and is beingreplaced by the vastuse ofnoncustodial sanctions such as probation and fines: these two sanctions make up 90 percent of all forms of convictions in adult cases. Similar results are found in cases of juveniles delinquency. In thesecases, community service, admonition, and socialtraining are the most common sentences. Deinstitutionalization has become one of the catchwordsofmodemcriminalpolicy. Even nonintervention hasbeendeveloped into an efficient pretrial educational measure and is now widely applied to a large scope ofyouth crimes resulting in a reduced recidivism. Developments of this kind coincide with main trends in criminology. Some people even go as far as to say that criminology initiated orat least encouraged thesedevelopments. Infact, oneofthecentralfeatures ofmodemGermancrimi nology in revealingthe "truenatureofcrime" follows the traditionofenlighten ment as opposed to following the approach of the moral enterpreneurs and the criminaljusticesystem. This perspectivemakes the wholeconceptofcrimecon trol the main targetofempirical research. Onefocus ofinterestare the legitimiz ing concepts ofcriminal law such as deterrence or public needs for punishment. Many reseach findings question this legitimacy. Even where criminal behavior is investigated(e.g., the behaviorofjuvenilesby usingthe experiencesofAmer ican and Englishcohortstudies), the endeavor is to reach ahigh degree ofratio nality in the reactions ofthe criminal justice system. To grasp at least some of these aspects, the editors of this book could only select those topics that • Fit explicitly or implicitly into a system perspective • Pertain to policy matters ofour present-day societies • Are given priority in the literature and on criminological meetings in recent years. Thus, although the contributions to this volume are not able to cover all as pects of the different criminological schools (for in-depth information see the literatureinfootnote I), nevertheless, theydorepresentalargescopeofperspec tives in current German empirical criminology: • Deterrence that can be explained by the juveniles' modes to see the world (Susanne Karstedt-Henke; Karl F. Schumann) • The official pictureofmultipleoffending and multiple offenders as drawn up by police statistics in opposition to empirical findings (Hans-Jiirgen Kerner) • The behavior ofconvicts during temporal release and work-furlough (Fried heIm Berckhauer and Burkhard Hasenpusch) • Comparativevictimology regardingthe relationshipbetween fearofcrimeand victimization in Germany and in the United States (Harald Arnold) • The effects of victimization concerning sexual offenses (Michael C. Baurmann) • TheapplicationandtheefficiencyoftheGermanvictimcompensationscheme Preface ix and its comparison with similar schemes in other countries (Bernhard ViIImow) • The acceptance of restitution (Wiedergutmachung) as a sanction to replace punishment (Klaus Boers and Klaus Sessar) • The policy offining in Germany (Hans-Jorg Albrecht) We hope that Developments in Crime and Crime Control Research: German Studies on Victims, Offenders, andthePublic will contributeto agrowing inter national criminology and will deepen the mutual interests in the social problems ofother countries and throw light on ways ofdealing with them. Klaus Sessar Hans-Jiirgen Kerner Contents Foreword Marvin E. Wolfgang.................................................. v Preface................................................................................. vii Contributors........... .. ... . xv Chapter 1 Limits ofGeneral Deterrence: The Case ofJuvenile Delinquency .. Karl F. Schumann and Reiner Kaulitzki Theoretical Frame ofReference 2 Research Design and Methods............................................. 6 Results 7 Discussion..... .. ....... ... .... ...... . 15 Chapter 2 Attribution Theory and Deterrence Research: A New Approach to Old Problems............................ 22 Susanne Karstedt-Henke Introduction 22 Attribution Theory and Deterrence Theory .. . 24 Methods........................................................................ 30 Findings............ 32 Conclusion :................................................... 37 Chapter 3 Offenses by Prisoners on Leave ofAbsence: A Representative Study from Lower Saxony................ 41 Friedheim Berckhauer and Burkhard Hasenpusch Introduction: The Prison System in the Federal Republic ofGermany................................................................. 41 Leave ofAbsence............................................................ 42 Representative Study in the Lower Saxony Prison System on Offenses by Prisoners on Leave of Absence..................... 47 Summary and Conclusions 51
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