[RobbyS]

German law is shaped by the civil law tradition, which means their criminal justice system is better codified. Even in civil matters , it is much easier to know what the law prescribes than in our country. Have a problem? Go to a lawyers and he can often just open a book and determine right then and there where you stand. Statutes are more exact from the start, since the Bundestag does not just throw something out and leave it to the courts to sort it all out. The same thing applies to criminal law. In our country, the concept of a legal duel is much more prevalent. The better shot wins. The better negotiator wins, even when the law seems cut and dried.

The primary concern is, of course, the safety of the state. We know, for instance, that a man who kills his wife even with premeditation is less of a danger than the bank robber who kills a clerk in cold blood. Different motivations are less of a factor, although many are just “built in” to give less discretion to the judge. So we have a more definite system where the lawyer is more a scholar, and the judge is more bound, and of course the “jury” is different from what it is in the state. “Life without parole,” no more determines a prisoners sentence than the abolition of the death penalty. That can be commuted. The Germans can still give a “Hess sentence” some one thought to be dangerous enough. At least they did could fifteen years ago. German lawyers. of course, will strive to get a looser system, because that pays them more money. Judges strive to get more freedom of action, because gives them more power. Then we have the international courts which relish the opportunity to open things up.

[sitetest]

Dear RobbyS,

Even if all that is true, your original statement was:

“It works rather well in Germany, which has no death penalty , but keeps murderers locked up.”

But, in fact, typically, murderers are paroled in Germany, and typically, they serve about as much time as murderers do in the US. Germany doesn't keep its murderers locked up anymore than the US does.

There is no sentence of life without parole. Here is an excerpt from a wiki article:

“The German Constitutional Court has found life imprisonment without the possibility of parole to be antithetical to human dignity, the most fundamental concept of the present German constitution.”

As far as pardoning in the US, it's not very common for a governor (and very rarely for a president, since there are few folks convicted federally of a charge similar to murder) to commute or pardon a murderer sentenced to life without parole, and pardoning folks who have murdered and been sentenced to life without parole is a good way to harm or even end one’s political career.

But you're right - it can happen. A good argument for retaining the death penalty for the worst cases.

On the other hand, German courts can't even hand down sentences of life without parole. Anyone in prison for murder could eventually be paroled.

sitetest