Precrime und Strafvollzug Resozialisierungsanspruch und Situation von Gefangenen bei prognoseabhängiger Entlassung

Graebsch, Christine M.

doi:10.5771/0023-4834-2017-2-166

Cited by 7 publications

(2 citation statements)

References 0 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…However, these hopes are often dashed, and the psychological power turns out to be a form of "responsibilization" (Crewe 2011, Larrauri 2020). There are indications that this is the same in Germany (Graebsch 2017a). The experts who give their opinion are selected by the court or the prison administration.…”

Section: The Right To Prison Leave and Discretionmentioning

confidence: 91%

“…The pressure to prove that a prisoner is reformed pervades the experience of imprisonment, as is well known from international research (Crewe 2011) and letters to the Prison Archive (Graebsch 2017a). It is very difficult for a prisoner to challenge a witness's expert status, and this is something that is rarely called into question in practice (Galli 2011, 43 et seqq.).…”

Section: Prognosis Therapeutization and Soft Powermentioning

confidence: 99%

See 1 more Smart Citation

Prison leave and access to justice: Some insight into Danish and German law in action

Graebsch

Storgaard

2023

Oñati Socio-Legal Series

View full text Add to dashboard Cite

In this article, we use the example of prison leave to discuss prisoners’ access to justice. Based on a functional comparative analysis between Denmark and Germany, we study the law in action. In Germany, prisoners have a legally prescribed right of access to the courts in cases of denial of prison leave. However, in Denmark prisoners face more barriers when trying to access the court. In our analysis, we have compared Danish court cases with letters from German prisoners referring to their struggles with prison administrations and courts. The materials from both countries show more similarities than one would expect, given the significant differences between the substantive law in the two jurisdictions. While acknowledging the need for further empirical investigation, we introduce a concept we term “genuine justice”, with the aim of paving the way for other and more radical remedies supplementing the economic, legal and social measures already in place.

show abstract

Section: The Right To Prison Leave and Discretionmentioning

confidence: 91%

Section: Prognosis Therapeutization and Soft Powermentioning

confidence: 99%