Crime And Criminal Justice In Modern Germany

The history of criminal justice in modern Germany has become a vibrant field of research, as demonstrated in this volume. Following an introductory survey, the twelve chapters examine major topics in the history of crime and criminal justice from Imperial Germany, through the Weimar and Nazi eras, to the early postwar years. These topics include case studies of criminal trials, the development of juvenile justice, and the efforts to reform the penal code, criminal procedure, and the prison system. The collection also reveals that the history of criminal justice has much to contribute to other areas of historical inquiry: it explores the changing relationship of criminal justice to psychiatry and social welfare, analyzes representations of crime and criminal justice in the media and literature, and uses the lens of criminal justice to illuminate German social history, gender history, and the history of sexuality.

Frankfurt am Main, in common with other imperial German cities, enjoyed a large degree of legal autonomy during the early modern period, and produced a unique and rich body of criminal archives. In particular, Frankfurt’s Strafenbuch, which records all criminal sentences between 1562 and 1696, provides a fascinating insight into contemporary penal trends. Drawing on this and other rich resources, Dr. Boes reveals shifting and fluid attitudes towards crime and punishment and how these were conditioned by issues of gender, class, and social standing within the city’s establishment. She attributes a significant role in this process to the steady proliferation of municipal advocates, jurists trained in Roman Law, who wielded growing legal and penal prerogatives. Over the course of the book, it is demonstrated how the courts took an increasingly hard line with select groups of people accused of criminal behavior, and the open manner with which advocates exercised cultural, religious, racial, gender, and sexual-orientation repressions. Parallel with this, however, is identified a trend of marked leniency towards soldiers who enjoyed an increasingly privileged place within the judicial system. In light of this discrepancy between the treatment of civilians and soldiers, the advocates’ actions highlight the emergence and spread of a distinct military judicial culture and Frankfurt’s city council’s contribution to the quasi-militarization of a civilian court. By highlighting the polarized and changing ways the courts dealt with civilian and military criminals, a fuller picture is presented not just of Frankfurt’s sentencing and penal practices, but of broader attitudes within early modern Germany to issues of social position and cultural identity.

This 1995 book contributes to both modern German history and to the sociological understanding of crime in modern industrial and urban societies. Its central argument is that cities, in themselves, do not cause crime. It focuses on the problems of crime and criminal justice during Germany's period of most rapid urban and industrial growth - a period when Germany also rose to world power status. From 1871 to 1914, German cities, despite massive growth, socialist agitation and non-ethnic German immigration, were not particularly infested with crime. Yet the conservative political and religious elites constantly railed against the immoral nature of the city and the German governmental authorities, police, and court officials often overreacted against city populations. In so doing, they helped to set Germany on a dangerous authoritarian course.

With the growth of printing in early modern Germany, crime quickly became a subject of wide public discourse. Sensational crime reports, often featuring multiple murders within families, proliferated as authors probed horrific events for religious meaning. Coinciding with heightened witch panics and economic crisis, the spike in crime fears revealed a continuum between fears of the occult and more mundane dangers. In Crime and Culture in Early Modern Germany, Joy Wiltenburg explores the beginnings of crime sensationalism from the early sixteenth century into the seventeenth century and beyond. Comparing the depictions of crime in popular publications with those in archival records, legal discourse, and imaginative literature, Wiltenburg highlights key social anxieties and analyzes how crime texts worked to shape public perceptions and mentalities. Reports regularly featured familial destruction, flawed economic relations, and the apocalyptic thinking of Protestant clergy. Wiltenburg examines how such literature expressed and shaped cultural attitudes while at the same time reinforcing governmental authority. She also shows how the emotional inflections of crime stories influenced the growth of early modern public discourse, so often conceived in terms of rational exchange of ideas.

Increasingly, international governmental networks and organisations make it necessary to master the legal principles of other jurisdictions. Since the advent of international criminal tribunals this need has fully reached criminal law. A large part of their work is based on comparative research. The legal systems which contribute most to this systemic discussion are common law and civil law, sometimes called continental law. So far this dialogue appears to have been dominated by the former. While there are many reasons for this, one stands out very clearly: Language. English has become the lingua franca of international legal research. The present book addresses this issue. Thomas Vormbaum is one of the foremost German legal historians and the book's original has become a cornerstone of research into the history of German criminal law beyond doctrinal expositions; it allows a look at the system’s genesis, its ideological, political and cultural roots. In the field of comparative research, it is of the utmost importance to have an understanding of the law’s provenance, in other words its historical DNA.

Recent years have witnessed a resurgence of biological research into the causes of crime, but the origins of this kind of research date back to the late nineteenth century. Here, Richard Wetzell presents the first history of German criminology from Imperial Germany through the Weimar Republic to the end of the Third Reich, a period that provided a unique test case for the perils associated with biological explanations of crime. Drawing on a wealth of primary sources from criminological, legal, and psychiatric literature, Wetzell shows that German biomedical research on crime predominated over sociological research and thus contributed to the rise of the eugenics movement and the eventual targeting of criminals for eugenic measures by the Nazi regime. However, he also demonstrates that the development of German criminology was characterized by a constant tension between the criminologists' hereditarian biases and an increasing methodological sophistication that prevented many of them from endorsing the crude genetic determinism and racism that characterized so much of Hitler's regime. As a result, proposals for the sterilization of criminals remained highly controversial during the Nazi years, suggesting that Nazi biological politics left more room for contention than has often been assumed.

A study of the crimes of women in early modern Germany, this text draws on court records to examine the lives of shrewd cutpurses, quarrelling artisan wives, and soldiers' concubines.