Juvenile Justice in Germany

45 Pages Posted: 23 May 2015 Last revised: 9 Jun 2015

See all articles by Shawn Marie Boyne

Shawn Marie Boyne

Indiana University Robert H. McKinney School of Law

Date Written: May 21, 2015

Abstract

In this article, I trace the emergence of diverse models of juvenile prosecution practice in Germany and show how those models reflect local and regional attitudes towards the character of juvenile crime. The evolution of distinct local practices poses an intriguing challenge to a key underlying premise in the German criminal justice system-namely that prosecutorial decision-making is objective, impartial, and grounded in neutral legal standards which are impervious to political influence. To set the stage for this inquiry, I begin by laying out the basic framework of German juvenile law and the ambit of discretion which it permits. I then explore the actual patterns of juvenile criminality and punishment using published statistical reports. In the chapter’s core, I delve into prosecutors’ perceptions of the purposes of juvenile crime and actual sanctioning practices. This includes a discussion of decision making norms. Finally, the article details the aims and practices of newly developed fast-track programs and innovative “repeat offender” units established in some German cities. In the framework of that discussion I show how the latitude inherent in the law as well as the structure of management controls and workload pressures empower prosecution offices with the latitude to tailor prosecution policies to respond to community and political pressures.

Keywords: Juvenile Crime, Comparative Law, Specialized Juvenile Offender Prosecution Units

Suggested Citation

Boyne, Shawn, Juvenile Justice in Germany (May 21, 2015). Indiana University Robert H. McKinney School of Law Research Paper No. 2015-28. Available at SSRN: https://ssrn.com/abstract=2608878 or http://dx.doi.org/10.2139/ssrn.2608878

Shawn Boyne (Contact Author)

Indiana University Robert H. McKinney School of Law ( email )

530 West New York Street
Indianapolis, IN 46202
United States

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