Dimensions of Punitiveness in Germany

Over the last few years, international criminology has increasingly focussed parts of its research on whether there has been a rise in punitiveness in certain nations, and, if so, to what extent it is linked to social developments. In particular, the spread of globalisation corresponding fears and worries have been introduced into the discussion as possible influencing factors. Analyses often refer to the situation of the USA or Great Britain. The situation in continental Europe, however, is obviously a different one. In this contribution especially the situation in Germany will be described. The differentiated levels of punitiveness include attitudes in the population, legislation, sentencing, and enforcement of sentences. As concerns the attitudes within the population the results are partially contradictory, which particularly is due to the blurry concept and the different operationalisations of punitiveness. Overall the results of surveys show a tendency of slightly rising harshness for the population’s attitudes. On the level of legislation the criminal laws have in parts become harsher over the last decades. More statutory definitions of offences have been established, while comparable measures of decriminalisation have fallen away. Here a more distinct development towards punitiveness becomes evident. Case law, especially in the field of sentencing, also tends to become tighter. Eventually, for certain groups of criminals like sex and violent offenders a tendency towards a declination of early releases can be found. Today, these offender groups have to serve a larger proportion of their sentence than they had to in the 1970s. Overall these results in Germany indicate a slight rise of punitiveness that is most distinctly seen in the area of legislation. As to the attitudes to punishment within the population the data hardly suffice to claim a rise in punitiveness.