The Penal System - an irrational Institution

The sharpest sanction that German criminal law contains, yet in the 21st century, is the withdrawal of freedom; that means that the delinquent is contained in a prison, euphemistically named "justice application institute" [Justizvollzugsanstalt], JVA, as if in a JVA justice were implemented.

At the end of the 19th and at the beginning of the 20th century a profound change took place in the punishment system in Europe; the cruel physical punishments were replaced by the denial of freedom, to - at least theoretically - continually be able to be placed or remain where wanted: the prison sentence was born. And it has lasted to this day, only now they call it the freedom penalty! [Freiheitsstrafe]

Who steals from another, robs them, who damages things or any way else offends against the criminal law can have a Freiheitsstrafe imposed on them. What a peculiar word-combination: Freedom penalty; as if freedom were imposed as penalty; much more accurately the opposite is the case, freedom is taken away!

And from still another point of view the expression seems quite contrary, for whoever is put in jail experiences very quickly to what further manifold restrictions (s)he is subject, apart from the withdrawal of freedom of movement: the compulsion to work, censoring of private correspondence, restriction of posessions, restriction of visits and much more (An insight into everyday at JVA Berlin - Tegel can be obtained at http://www.planet-tegel.de). What this prison routine might have to do with "freedom", why therefore "in the name of the people" the condemned should have a freedom penalty imposed on them, daes not appear to be readily apprehensible.

Penal enforcement is (at least in theory) governed by considerations of resocialisation, that means the enabling of the prisoner, after serving the sentence, to live a life of social responsibility without crime. Measured by the advice of those that commit crimes again (depending on the investigation up to 80 percent recidivism rates are reported, that means that of 100 released, 80 become criminally liable again) there is only one conclusion: there is no successful implementation of resocialisation.

In the final analysis there could not be such anyway, for who thinks that people robbed of elementary rights are thereby to be moved to henceforth value the rights of others, esteem their worth, and respect them deludes themself and ultimately society. Well informed people will interject, however, that within the prison walls a treatment program is carried out, including therapies. This may be true for special, so-called socialtherapeutic divisions; not, however, for the bulk of the detention facilities. And even when it ever comes to treatment measures (for example; leaving the facility under watch, to be able to consider life outside after untold years in custody), these cases are financially determined (on the 1st of January 04, for example, the head of JVA Bruchsal collectively cut short rehabilitative leave by 50 percent, as in his opinion there were no enough personel available), or are, in view of trivial incidents, immediately terminated or restricted (an inmate of JVA Dresden was refused excursions that she would have had to do quite alone, that is, unaccompanied, because on the occasion of a 'visit excursion' - whereby the inmate is accompnied by a relative during the trip - she had tried to bring chewing gum into the prison).

Where are the victims in this thinking, some may ask themselves, have they no right to paybck, revenge, recompense? Here the differences between different groups of victims become important: Thus an insurance company that became victim of insurance fraud (supposedly number one national sport in Germany) will have a different relation to the offence than, for example, a woman who was sexually abused.
Apart from the case of a really 'highly dangerous" individual, who willingly torments and kills people, and other similar sorts of case, by which jail takes on a safety function, that is, the prisoner is simpy prevented from being further active , the penal sysrem does as good as nothing to effect a conciliation between victim and perpertrator. In the criminal trial the victim is a so-called "means of evidence" - among many others. And after the trial they disappear quickly into forgottenness, while at least for prisoners considerable sums of money are expended. Victims as well as offenders are in the realm of justice object, not subject.


I have variously percieved in articles that dealt with the penal system the question of remaining blind to the victims - some of these had after all to suffer from it for the rest of their lives, for example being raped. Or psychically or physically badly damaged. I make clear at this point, but not only because of it, that I for one have no defence speeches to make for sex offenders, that is far from my intention, other than that I - necessarily - report from the point of view of the imprisoned. In 1996 in order to raise funds for poitical activity I raided a bank and can see without more to do that the bank empoyees were spiritually and psychically traumatised by the threat situation. That such people and also other victims must be helped, and not only from the side of the state, but also for example by victim support groups (Der Weisse Ring to mention one) is not at all contoversial. If, therefore, sorry circumstances in the penal system are found fault with, then it has nothing to do with, for example, the author of this article falling into self-pity - for no-one forced him to do what brought him into the penitentiary -, but it is plainly and convincingly established that the prison institution improves no-one, or as good as no-one. Who - from the point of view of the victim - sees the penal system as primarily an instrument of revenge, reprisal, and a safety measure must come logically to the conclusion that prisons are a legitimate measure, but this is another school of thought.

A prisoner wrote two years ago in a brochure of the French prison chaplaincy service: "Instead of being a necessary step on the way to rehabilitation, prison only destroys. The humiliations generate hate". There is nothing to add to that.