Germany And The Criminal Justice System Essay

Germany And The Criminal Justice System Essay

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On the other side of the criminal justice spectrum, there is Germany, a nation with a shaky and complex history. Until October of 1990, Germany was divided into two separate nations, West Germany and East Germany. The criminal justice system existing in modern Germany represents a combination of “Civil Law” as well as “Common Law.” The history and culture of Germany is deeply rooted into the crafting and maintenance of the German criminal justice system. In Germany, “obedience to the laws of the state, and firm discipline conforming itself with these laws, are, in Germany thought to be the most needful things in public life (Hartmann, 1911). This attitude towards obedience and discipline is seen throughout German history and is still to this day is a fundamental element of the German livelihood and their criminal justice system.
Today’s police forces are categorized under the sixteen different states in Germany. Each state, under the German constitution, has the authority to generate individual police law and force. Furthermore, each state has various divisions in the police force. The major divisions include the Schutzpolizeiz, the Kriminalpolizei, and the Bundesgrenzshutz (Dammer & Albanese, 2011, p. 100-101). The Schutzpolizeiz are the general police force that handles most aspects of law enforcement. The Kriminalpolizei are private, “plainclothes” police that process more serious cases and investigations. The Bundesgrenzshutz fall into two categories: border police and police handling terrorist-related matters (Dammer & Albanese, 2011, p. 100-101).
As mentioned before, the German judicial system follows a combination of Civil Law and Common Law and furthermore grants the right to a counsel, as well as the right to bail. Alt...


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...other deviant behaviors. (Dammer & Albanese, 2011, p. 206).
The differences between the Chinese criminal justice system and the German are grand. Although both countries have relatively young criminal justice systems in place, Germany has clearly taken a more progressive approach to the law, policing tactics, and the overall treatment of criminals and prisoners. Both criminal systems have decided to forgo the use of juries and instead use panels of judges, but the rights of the German citizens during the judiciary process, such as the right to bail, right to counsel, and the right to remain silence, significantly outweigh the rights of those in China. While China focuses on rehabilitation through hard labor, Germany has taken the approach of gradually rehabilitating and reintegrating their prisoners into society through education and working outside of the prison.

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