Germany

Provides a listing of articles on restorative justice developments in Germany. Articles appear in the order in which they were added to the site with the most recent appearing first.

Marianne Loschnig-Gspandl and Kilchling, Michael. "Legal and Practical Perspectives on Victim/Offender Mediation in Austria and Germany."

The article describes the theoretical framework of restorative justice from a victim perspective. In light of the results of empirical -- mostly victimological -- research, victim/offender mediation (VOM) is regarded as a victim-related approach that puts the victim in a better position than do regular criminal proceedings. Austria and Germany have made VOM available for cases involving both adult and juvenile offenders. The article includes a comparative overview of provisions available to impose compensation and mediation in both countries, and compares official statistics. The different rates of application lead the authors to conclude that VOM is of great practical relevance in Austria, whereas the German criminal justice system is still unwilling to apply VOM to a similar extent. The authors find this particularly disturbing in light of the fact that demands for mediative reparation as well as for additional punitive forms of compensation have been persuasively documented by victim research.

Michael Kilchling and Hartmann, Arthur. "The Development of Victim/Offender Mediation in the German Juvenile Justice System from the Legal and Criminological Point of View."

The theoretical introduction shows that mediation in Germany is different from models such as, e.g., conferencing in Australia. The development of VOR in Germany is then reported in an account of three studies. The first is a report on the official court statistics. According to these statistics, compensation and mediation/VOR are still rather rare phenomena in Germany. The second study is a survey of the VOR projects collecting data on implementation and caseload. It turned out that in 1996 about 9000 VOR cases (offenders) had been dealt with. But the numbers of VOR cases differ considerably from region to region. Most projects have not more than 20 cases a year whereas a small number of projects with high caseloads deals with the majority of all VOR cases. The third evaluation is a documentation of VOR cases of 42 projects. This study reveals that more than 70% of VOR cases concern violent crimes. The acceptance of VOR among victims and offenders is still high.

Jehle, Jörg-Martin. Criminal justice in Germany: Facts and figures.

In this paper, the author reviews the main criminal justice data in Germany. Data are presented for police crime figures on recorded crime and suspects, types of cases, all levels of prosecution, sentencing and punishment sanctions, imprisonment, and probation. The paper also includes a review of the criminal prosecution process in Germany.

Wandrey, M. "Organizational Demands on Mediation Programs: Problems of Realization."

This paper analyzes the realization of mediation programs in Germany focusing on three problem areas in the field of mediation practice that hinder a successful introduction of victim-offender mediation (VOM) in Germany. The relevant details given here are based on the authorís experiences as advisor in the programís planning and organization, as well as his participation in its practical implementation and in continuing education efforts in the field of victim-offender mediation.

Walter, M and Wagner, A. "How Police Officers Manage Difficult Situations: The Predominance of Soothing and Smoothing Strategies."

A study of the management of 128 conflict situations by uniformed police in Bonn, Germany. Data were obtained by means of participant observation and were categorized according to areas of conflict and conflict management strategies. Conflict situations were dealt with passively (cooling-off of the conflict, downgrading the conflict potential, and delegating the final resolution to other institutions) in more cases than active intervention by the police even in situations such as domestic conflicts and conflicts involving physical attacks in which the parties expected active participation of the police. Further research should investigate the factors that influence strategies used by the police

Trenczek, T. "A Review and Assessment of Victim-Offender Reconciliation Programming in West Germany."

Data are presented on pilot victim-offender reconciliation projects (VORP) established in the West German cities of Braunschweig, Cologne and Reutlingen. Victim-offender reconciliation with an emphasis on restoration and peace-making is having some difficulty fitting into a punishment-oriented criminal justice system, although a theoretical basis for an emphasis on reconciliation can be found in West German law.

Schöch, H. and Bannenberg, B. "Victim Offender Reconciliation in Germany: Stocktaking and Criminal Political Consequences."

Victim offender reconciliation (VOR), or indemnification in Germany is concerned with the reconciliatory settlement of the crime by means of voluntary agreement between victim and offender. The legal foundations of these programs are described. Program evaluations indicate 75-80% victim satisfaction with settlements, with best results from general criminal law cases. Despite hopeful results, VOR cases remains far below 1% of all criminal court cases because a lack of coordination and governmental support for these programs. Legal and political reforms to further the development of these programs is recommended.

Messmer, H. Tackling the Conflict: A Framework Analysis of Dispute Settlement

Victim offender mediation as a diversion program operating in the Federal Republic of Germany is assessed in this article. The nature of the mediation sessions is examined according to negotiation positions taken and the use of justification techniques.

Messmer, H. Victim-Offender Mediation in Germany

The first programs of victim-offender mediation in the Federal Republic of Germany were set up in the mid 1980s, principally in the field of juvenile justice. The ascendancy of educational principles within juvenile justice remains precarious since there is no clear explanation of what is meant by education, nor of what is intended to achieve this. For example, punishment is often seen as a means of securing educational goals, suggesting that there is a blurring of boundaries. This paper describes the development of victim-offender mediation, critiques some programs and considers the future prospects of these programs. The potential of victim offender mediation as an interactive process is discussed. The author suggests that punishment is ineffective in changing behavior and calls for a system based upon the practice of fairness.

Schreckling, J. and Marks, E and Kerner, H. J. Implementation and Acceptance of Victim-Offender Mediation Programs in the Federal Republic of Germany: A Survey of Criminal Justice Institutions

This article explains the existing legal rules in the FRG concerning restitution and victim-offender mediation in the fields of adult and juvenile penal law. Then new developments (in the 1980s) and the increased efforts to implement restitution and victim-offender mediation more effectively in criminal justice practice are dealt with. A large national mail survey carried out in spring 1990 is described in detail. About 2,500 institutions were asked with questionnaire methods whether or not they would approve of victim-offender mediation in their area of jurisdiction, whether or not victim-offender mediation was actually being practiced or projected, and whether or not the concrete office was already engaged in victim-offender mediation projects. Results are presented with tables and figures.

Hartmann, Arthur. Victim-Offender Reconciliation: Program and Outcomes

This report presents results of research conducted on two victim-offender reconciliation (VOR) projects in Germany. The research considered two programmatic problems. First, that only a part of the suitable cases was selected for VOR. Second, there were no indications that VOR is being misused as a means to widen the net of social control. The level of acceptance among victims and offenders proved to be high though for apparently different reasons between projects. The author calls for more research.

Hudson, Joe and Galaway, Burt. Criminal Justice, Restitution, and Reconciliation.

An anthology includes 19 papers on the use of restitution, community service and victim-offender reconciliation programs in juvenile and adult justice systems of Canada, Germany, the U.K. and U.S. The practice of restitution is moving beyond offenders repaying victims towards an emerging theory of restorative justice in which the purpose of state intervention is to bring about peace among participants and restoration of losses. The impetus for developing a restorative theory of justice may be dissatisfaction with traditional modes of criminal and juvenile justice, including their underlying philosophies. This anthology addresses a number of important questions about the theory of restorative justice.

Hudson, Joe and Galaway, Burt. Restorative Justice: International Perspectives

This book include 30 chapters by current restorative justice scholars from around the world dealing with the theory, research, and practice of restorative justice in the U.S., Canada, England and Wales, Australia, New Zealand, Japan, and Germany. Sections include restorative justice theory, practice among indigenous peoples, practice issues, and program applications. The chapters portray restorative justice practices at different points in the justice system as initiated by referrals from prosecutors, judges and probation and parole officials.

Dünkel, Frieder and D. Rossner. "Law and Practice of Victim/Offender Agreements."

The concept of reparation and conflict-resolving victim/offender mediation has made significant advances over the past few years, encouraged by a generally more focused recognition, especially in West Germany, of victims' needs, of their unsatisfactory position within the criminal justice system, and of the practical possibilities of victim/offender mediation. This chapter looks at the scope for victim/offender mediation under existing criminal law, opportunities within justice-based social services, and in the final section, provides examples of active projects in the Federal Republic of Germany, Austria, and Switzerland.

J. Zermatten and Dünkel, Frieder. Recent Trends in Penal Law for Minors.

An anthology includes papers on mediation, intermediate treatment and community service in the juvenile justice systems of Austria, Belgium, Canada, Great Britain, the Netherlands, Switzerland and West Germany. Articles include surveys of new developments in Hameln (GER), Rochester (UK) and Saxerriet (SWITZ), societal readiness to view restitution as a form of sanction in Canada, the use of victim-offender mediation in West Germany a Cologne program ("Die Waage", conciliation programs in Austria, renewed interest in alternatives to jail in Belgium, community service in Switzerland, practice among courts in the Netherlands and community service programs in Canada.

Davis, G. Making Amends: Mediation and Reparation in Criminal Justice.

A study examines the practice of reparation schemes, which enjoyed a renewed vitality in the 1980s as an alternative to retributivism and the various utilitarian programs associated with it. Despite apparently disappointing outcomes after government interest vanished and programs terminated, these programs were important, and the vision which they largely failed to realize will endure. Data include a preliminary survey of reparation schemes in England and Wales, based on direct observation of 3 sharply contrasting initiatives, and reviews of victim-offender mediation in Germany and the U.S. Reparative principles can be more fully integrated into the practice of criminal justice, and can respond to important questions of responsibility and justification, enabling courts to "do justice" in ways not typically open in our legal system.

Mackay, Robert. Punishment, Guilt and Spirit in Restorative Justice - An Essay in Legal and Religious Anthropology

In his paper Mackay identifies anthropological findings- particularly in the fields of ancient law and religion- that challenge the advocacy of restorative justice. Specifically, according to Mackay, legal anthropology shows that 'restorative' ideas and practices can coexist with retributive and punitive ideas and practice -such as appeasement of the dead and other spirits, and sacrifice. In this context Mackay re-examines the “genealogy�? of punishment, the meaning of guilt, and beliefs and actions relating to the spirit realm. He concludes that proponents of restorative justice cannot talk of replacing retributive justice without taking into account the powerful dynamics of punishment, guilt, and spirit.

Morgan, Karie L. Remembering against the nation-state: Hereros' pursuit of restorative justice

One hundred years after committing a genocide, the German government offered an apology to Hereros in Namibia, thereby making a significant step towards meeting their demands for restorative justice. In combination with changes to how the genocide was understood in Namibia and in Germany, the occasion of commemorating the genocide – which offered new contexts for remembering – marked a turning point in the way this past was remembered in both countries. (Author's Abstract)

Früchtel, Frank. System Rationality Encounters Lifeworld Rationality: The SONI Approach to FGC .

Family group conferencing (FGC) has been used in New Zealand since 1989. This new way of care and protection support planning was triggered by an accusation of “institutionalised racialism” (Puao te ata tu, 1988, p. 25) by the then Department of Social Welfare towards Maori tikanga (customs and traditions). This historic mind-set denied Maori families their own ways of problem solving and decision making, thereby prolonging the process of colonisation as “institutional decisions were being made for, rather than by, Maori people” (ibid p.18). FGC has begun to be adopted in Germany for non-racist issues in response to the general unwanted side effects of care and protection work. This article examines the hypothesis that what makes FGC necessary is not the issue of racism but a more fundamental phenomenon of administration, law, professionalism and modern government. We will argue that FGC is a legal procedure needed to cure the side effects of a welfare state’s procedures. (excerpt)

Hartmann, Arthur. Legal provisions on restorative justice in Germany.

"Tater-Opfer-Ausgleich" (TOA) is the quasi-official German term for restorative justice and victim offender mediation. TOA is on the one hand a practical concept developed by a grassroots movement and the reform effected by it on the criminal justice system and on the the other had a legal term defined in Section 46a of the German Criminal Code and Section 10 subsection 7 of the Juvenile Criminal Court Act. These two aspects have to be kept in mind when discussing restorative justice and TOA. (excerpt)