Fines and Justice Administration
The Experience of the Federal Republic of Germany
Bibliographic Data
| ID | 11349487 |
|---|---|
| Authors | Hans-Jörg Albrecht, Hans‐jörg Albrecht (0009-0005-4434-5603, Max Planck Institute for Comparative and International Private Law, corresponding author), Elmer H Johnson (Southern Illinois University Carbondale) |
| Year | 1980 |
| Volume | 4 |
| Issue | 1 |
| Pages | 3-14 |
| Publication date | 1980-01-01 |
| Open Access | No |
| Type | ARTICLE |
| Venue | International Journal of Comparative and Applied Criminal Justice (JOURNAL) |
| Journal identifiers | ISSN: 0192-4036 • E-ISSN: 2157-6475 |
| Publisher | Informa UK Limited (PUBLISHER • GB) |
| DOI | 10.1080/01924036.1980.9688685 |
| OpenAlex | W1980256814 |
| Language | EN |
| Citations received | 2 |
| References cited | 7 |
As part of the penal code revised in 1969, the Federal Republic of Germany increased its reliance on fines, including the introduction of day-fines, in lieu of short-term imprisonment for minor offenses. The previous trend toward the use of fines was accelerated by the requirement that courts order imprisonment only in exceptional cases. Traffic cases were particularly affected. The qualities of the offense and the absence of previous offenses, rather than an individualized study of the offender, continued to be the dominant criterium influencing the choice of a fine. The chief effect of day fines was higher amounts applied to the more affluent defendants; the amount of the fine appeared to have no effect on subsequent recidivism. For first offenders, fines were superior to imprisonment in avoiding reconviction. Day-fines were no more effective (but not less effective) than imprisonment in the instance of traffic offenses. Fines were superior to other sanctions for petty property offenders but not for career thieves
Administration (probate law · Administration of justice · Criminology · Economic Justice · Political science · Sociology · European and International Law Studies · Law · Law and Political Science · Public Administration
| Citations per year | 0.11 |
|---|---|
| Citation span | 2008 - 2024 (17) |
| Highly cited | No |