Thus, even though the Juvenile Justice Act gave forensic psychiatry and educative measures a firm foothold in juvenile justice, it also circumscribed both. Weimar juvenile judges limited the role of psychiatry and education in juvenile justice not only because they wished to defend the principle of retributive justice or to uphold their authority against the encroachments of psychiatrists but also, as Finder argues, because they were committed to the rule of law, that is, to the principles of individual responsibil- ity and due process.
First, some types of delinquents could now be sentenced to welfare measures instead of prison terms. Pioneered in Bielefeld during World War I and more widely introduced after the war, Gerichtshilfe sought to bring the expertise of private and public welfare agencies to bear on criminal justice. In , the Prussian Ministry of Justice gave judges the power to suspend the prison sentences of offenders who seemed capable of rehabilitation under the supervision of a welfare agency. As Rosenblum shows, the introduction and development of Gerichtshilfe was closely connected to broader critiques of the criminal justice system from the left and the right.
Because Gericht- shilfe was implicated in these opposing critiques, the struggle over who would control the new institution became highly contentious. This difference in interpretation may be attributable to the difference in the samples of judges: Constructions of Crime in the Courts, Media, and Literature Crime and criminal justice attracted considerable public attention during the Weimar years, especially in the Berlin press. As Daniel Siemens has demonstrated, although the reporters were generally deferential toward psychiatric expert opinions presented in court, they did not usually adopt their conclusions and, instead, presented sympathetic portraits of the defendants as normal people who fell victim to circumstances.
Wetzell Two sorts of trials attracted particular attention at the time and have likewise attracted special attention from historians: In his study of the left-wing lawyer Hans Litten, Benjamin Hett has pointed out that Weimar judges were part of a larger judicial system that included the parliament, the justice ministries, a critical press, and highly skilled private lawyers, all of whom significantly affected judicial culture.
Especially in political cases, aggressive defense lawyers made use of the extensive right to call witnesses and mobilized the press and lobby groups. Instead of serving the interests of the client work- ing toward an acquittal or a minimal sentence , these lawyers stage-managed the trials to generate maximum propagandistic impact for the benefit of their political party.
From this perspective, purposely provoking the court into rendering a harsh verdict could be counted as a victory for the defense. Arrested in August and tried a year later, Carl Grossmann was accused of having murdered as many as twenty women in his apartment; it was widely concluded that the murders had been sexually motivated. The press coverage was very dif- ferent from that of the Grossmann and Haarmann trials. Wetzell a coherent narrative or causal explanation of the case. Until quite recently, the histo- riography of law under National Socialism was characterized by two strands of interpretation.
Moving beyond these two master narratives, the most recent work on the history of criminal justice under the Nazis paints a complex picture of ruptures and continuities. First, the Nazis used the justice system for the persecution of their political opponents, whose activi- ties were criminalized, and the racial persecution of the Jews, through laws such as the Nuremberg Laws , which, among other things, criminalized sexual relations between Jews and Gentiles as Rassenschande race defilement.
The concentration camp system allowed the regime to circumvent the remaining due-process guarantees of regular criminal justice by detaining people indefinitely without charges or trial. In all these ways, the Nazi seizure of power brought about drastic changes in criminal justice and completely destroyed the rule of law.
Despite these ruptures, however, there were also important elements of con- tinuity across Chief among them was the continuity in personnel. With the exception of those dismissed for racial or political reasons, most German judges, prosecutors, and lawyers continued to serve under the Nazi regime and enforced Nazi laws, often with enthusiasm. Wetzell combination of factors that explain why most members of the German elites supported the Nazis, including conservative nationalism, anti-Communism, and anti-Semitism as well as conformity and careerism.
Just as important, however, is another line of continuity that is often over- looked, namely that connecting Nazi penal reforms to the pre penal reform movement. For even though the Nazis attacked Weimar penal reformers as weak- kneed humanitarians who had undermined criminal justice, they actually imple- mented parts of their penal reform agenda. This strategy became especially prominent in the rapid succession of decrees and laws passed after the outbreak of the war.
That the definitions of these personalities sometimes drew on criminal-biological categories fit in well with Nazi eugenics and biopolitics.
Wetzell Crime and Criminal Justice in Modern theranchhands.com | Richard Wetzell - theranchhands.com
At least two crucial differences between the penal reform movement and Nazi criminal justice must therefore be pointed out. On the one hand, the Decree was a blatant attempt to roll back the special treatment for juvenile offenders that the penal reform movement had fought for and achieved in the Juvenile Justice Act of ; for the Decree made it possible to try certain juvenile offenders as adults to impose adult punish- ments on them. Everyone knew that most German jurists—whether prosecutors, judges, or professors of law—had eagerly coop- erated with the Nazi regime in almost every conceivable way.
Whereas the major war criminals were tried by the Allies at the Nuremberg War Crimes Trial of — and a number of successor trials, the task of prosecuting lower-level Nazi crimes fell to German courts. Wetzell to Nazism and their personal responsibility. This renaissance of natural law had a tangible effect on judicial practice. When German courts judged Nazi crimes after the war, they often did so on the basis of natural law arguments.
Whereas denazification authorities in the Soviet zone of occupation conducted a serious purge of jurists, most jurists in the Western zones of occupation and later West Germany survived the denazi- fication proceedings virtually unscathed. Only one German professor of criminal law permanently lost his professorship as a result of denazification; for all others, denazification brought at most short interruptions of their careers.
As a result, only a minority participated in the resumption of penal reform efforts in the postwar years. Law professors who had been closely associated with the Nazi regime generally stayed out of these debates altogether. This did not mean that those who participated were untainted; many had also been complicit with the Nazi regime. The postwar penal reform debates reproduced the conflict between the supporters of retributive justice and the advocates of the individualization of punishment that had characterized German penal reform since the Kaiserreich.
8. Fachdidaktik: 8.8 Forschung zur Kinderzeichnung und ästhetischem Verhalten von Heranwachsenden
First, the general renaissance of natural law made it easier to base criminal justice on the metaphysical foundation of retributive justice. That this smear was dissem- inated by criminal law professors who had themselves been deeply implicated in the Nazi regime is one of the great ironies of German postwar legal history. Presenting Nazism as the logical outcome of the penal reform movement was therefore a gross distortion. Nevertheless, these reforms remained constrained by a criminal justice system based on the general principle of retributive justice.
In doing so, how- ever, they drew on the established institutions and approaches of juvenile justice as they had coalesced during the Weimar years. Even though the two German states sometimes sought to use penal policy as a tool in the Cold War, juvenile justice in both states was quite similar.
The gendering of juvenile justice was perhaps most evident in the role of sexuality in the definitions of male versus female waywardness and delinquency. For girls, sexual promiscuity by itself was considered evidence of juvenile delinquency or at least waywardness. For boys, juvenile delinquency was usually defined in terms of petty theft and shirking work; only if boys were suspected of homosexuality or homosexual prostitution did sexuality become an issue.
Silversurfer 70plus: Qualitative Fallstudien zur Aneignung des Internets in der Rentenphase.
Similarly, although GDR juvenile justice policy touted its lofty goal of creating socialist citizens, in practice it was just as focused on inculcating a strict work ethic as juvenile justice in the capitalist West. Wetzell Conclusions The history of criminal justice in modern Germany has become a vibrant field of historical research.
The chapters in this volume not only lay the groundwork for writing a history of crime and criminal justice from the Kaiserreich to the early postwar period, but demonstrate that research in criminal justice history can make important contributions to other areas of historical inquiry. Criminal justice forms an essential element of political rule. Yet penal codes, institutions, and practices also represent great forces of inertia that tend to survive political regime changes with only minor modifications. This paradoxical combination of political relevance and inertia makes criminal justice an excellent lens for exam- ining the complex mixture of continuity and change across different political regimes.
Many features of criminal justice, and indeed of the modern state, are politically ambivalent, harboring both emancipatory and repressive potentials, whose acti- vation depends on the political circumstances. Private and public welfare agencies, too, sought to harness scientific expertise to find better solutions to social problems.
Since penal reformers inte- grated welfare services into the work of the courts as well as the spectrum of penal sanctions, criminal justice became so closely intertwined with welfare that it seems fair to say that the history of the modern welfare state cannot be written without studying the history of criminal justice. The history of modern penal reform is not one of criminal jurists simply ceding authority to medical doctors, for instance, but one of disciplinary boundary disputes. Most of the time, jurists kept the upper hand as they learned to integrate scientific, especially medical, knowledge into penal reform proposals, legislation, judicial practice, and the administration of punishment.
Criminal trials reflect the society in which they take place and therefore provide an important source for the social and cultural history of their times. Several chap- ters demonstrate how the study of criminal trials illuminates the social and cul- tural history of the Weimar Republic, for instance.
Others show that the history of criminal justice can profitably be combined with media history and the history of literature because the representations of crime and criminal justice in the press, literature, and other media provide a rich topic of research that sheds new light not only on criminal justice but on social and cultural history more generally. Much remains to be done, not only in fleshing out the history of criminal justice in modern Germany but in unlocking the power of criminal trials as his- torical sources.
The records of vast numbers of criminal trials remain unexplored, ready to be discovered—to teach us not only about courtroom practices and legal culture but about a great variety of historical topics ranging from the history of sexuality to economic history. Finally, more comparative work in the history of crime and criminal justice should help us better discern which aspects of the story were specifically German.
Michel Foucault, Surveiller et punir: Naissance de la prison Paris: Gallimard, ; translated as: The Birth of the Prison New York: A Study in Social Theory Chicago: University of Chicago Press, , — The first British studies dealt with the eighteenth century: Thompson, Whigs and Hunters: P Thompson, and Cal Winslow, eds. Crime and Society in Eighteenth- Century England New York, Pantheon, ; but British research on crime and criminal justice quickly expanded to include the nineteenth and twentieth centuries: Pantheon, , David Garland, Punishment and Welfare: A History of Penal Strategies Aldershot: Longman, ; 2nd ed.
University of Exeter Press, European Experiences — Oxford: Oxford University Press, Campus, ; Andreas Blauert and Gerd Schwerhoff, eds. Habermas and Schwerhoff, Frankfurt am Main: Campus, , 10— Wetzell, and Benjamin Ziemann, eds. Recent studies on the nineteenth century include Rebekka Habermas, Diebe vor Gericht: Die Entstehung der modernen Rechtsordnung im Jahrhundert Frankfurt am Main: Campus, ; Desiree Schauz, Strafen als moralische Besserung: Strafgesetzgebung und Kriminalrechtsexperten in Deutschland vom Beginn des Jahrhunderts bis zum Reichsstrafgesetzbuch Frankfurt am Main: Campus, , 19— Ger- many — New York: Cambridge University Press, , 15— Baden-Baden, ; Berlin, An analysis focusing on public criticism of the judicial system Justizkritik is provided by Uwe Wilhelm, Das Deutsche Kaiserreich und seine Justiz: For the contemporary charges of class justice, see Detlef Joseph, ed.
Dietz, — , 2, 17—42; Erich Kuttner, Klassenjustiz Berlin, Fischer, , 22—26; Bernt Engelmann, Die unsichtbare Tradition: Richter zwischen Recht und Macht — Cologne: Pahl-Rugenstein, , 1, —, esp. Stark, Banned in Berlin: Berghahn Books, , 1— Cambridge University Press, , See also Hett, Death in the Tiergarten, 1—5, — German Lawyers — Cambridge: Cambridge University Press, Culture, Politics, and Ideas, ed. Vandenhoeck, , —; Wetzell, Inventing the Criminal: Geschichte einer gebrochenen Verwissenschaftlichung Stuttgart: Zur Typologie und Funktion von narrativen Darstellungen in Strafrechtspflege, Publizistik und Literatur zwischen und , ed.
University of Michigan Press, Social Democracy in Germany, — Princeton: Princeton University Press, Deutschland im Vergleich Berlin: Eine Geschichte der Kriminologie des Matthiesen, ; Ylva Greve, Verbrechen und Krankheit: On the international context, see Becker and Wetzell, eds. The history of German prisons in the period — is not well researched; one of few works that includes coverage of this period is Sandra Leukel, Strafanstalt und Geschlecht: Wetzell Geschichte des Frauenstrafvollzug im Jahrhundert Baden und Preussen Leipzig: Jahrhundert bis zur Gegenwart Leipzig: See Thomas Nutz, Strafanstalt als Besserungsmaschine: Oldenbourg, ; Martina Henze, Strafvollzugsreformen im Qualitative Fallstudien zur Aneignung des Internets in der Rentenphase.
Corinna Peil; seit Juli Auf dieser Basis beantwortet das Projekt die Frage, wie mit und durch Medien geschlechtsgebundene Bilder von Macht und Einfluss hergestellt werden. Das mediatisierte Zuhause III: Corinna Peil Spitzenfrauen im Fokus der Medien. Perspektiven und Befunde der feministischen Kommunikations- und Medienforschung. Geschlecht im mediatisierten Zuhause. Forschungsdimensionen und Methodik des Silversurfer-Projekts.
Techniken der kontextsensiblen Rezeptionsanalyse. In Scheu Andreas Hrsg. Strategien, Verfahren und Methoden der Interpretation nicht-standardisierter Daten in der Kommunikationswissenschaft , S. Die Vielfalt der Silversurfer 70plus: Die Domestizierung des Internets zwischen Dynamik und Beharrung: Convergence in domestic media use?
The interplay of old and new media at home. Wie Paare Second Screen beim Fernsehen nutzen: Eine ethnografische Studie zur Mediatisierung des Zuhauses. Nichtstandardisierte Methoden in der Medienrezeptionsforschung. Kritische Perspektiven auf Medien und Kommunikation , S. Culture and Society in a Media Age , p. Fernsehgewalt im gesellschaftlichen Kontext. Frauenzeitschriften und weiblicher Lebenszusammenhang.
Themen, Konzepte und Leitbilder im sozialen Wandel. Alltag in den Medien - Medien im Alltag. Domestizierungsprozesse alter und neuer Medien. Kommunikationswissenschaft und Gender Studies. Medienalltag und Zeithandeln zwischen Konstanz und Wandel. Diffusion und Teilhabe durch Domestizierung. Medien und Kommunikationswissenschaft , 58 4 , FrauenRat , 58 6 , Mehr als Sex and Crime.
Prof. Dr. Jutta Röser
Der Journalist, Sonderausgabe November , Weichenstellungen. Entwicklungen von Medien und Journalismus , , Zum Gesellschaftsbezug der Publizistik- und Kommunikationswissenschaft. Publizistik Sonderhefte , 5 , Systematisierung eines gemeinsamen Forschungsfeldes. Das Zuhause als Ort der Aneignung digitaler Medien: Domestizierungsprozesse und ihre Folgen. MERZ Wissenschaft , 49 5 , Fragmentierung der Familie durch Medientechnologien? Medienheft Dossier , 19 , Mysterium Gender in der Mediengewaltforschung.
Medienaneignung und gesellschaftlicher Kontext. Rundfunk und Fernsehen , 45 4 , Die Zweiteilung der journalistischen Ethik. Frauenforschung , 10 4 , Unsere Medien - Unsere Republik , 7 , Frauen und Zeitschriften in den 60er Jahren. Unsere Medien - Unsere Republik , 5 ,