Citation

Bachmann M, Ernst A. Monatssc. Kriminol. Strafrechtsreform 2015; 98(1): 1-15.

Copyright

(Copyright © 2015)

DOI

10.1515/mks-2015-980101

PMID

unavailable

Abstract

Disciplinary measures are the "sharpest sword" wielded by the juvenile penal system in responding to neglect of duty by inmates. Although these sanctions signify a severe infringement of the constitutionally protected Basic Rights, there is essentially not much known about them. This lack of knowledge starts with the extent to which they are ordered, a number that has not been recorded and published on a nationwide level for quite some time. Moreover, there has been little investigation into the impact of such disciplinary measures. The article at hand acts upon these deficits and presents the results of an inquiry sent to the Federal States in March 2014, with the intended goal of receiving an impression of the current - still very heterogeneous - state of the practical application of disciplinary measures in the juvenile penal system. In addition, findings on the impact of disciplinary measures are presented that have been obtained from a DFG-Study completed in April 2013 on the topic of "Violence and suicide in the male juvenile penal system". These findings underline the muted expectations expressed by multiple sides on the suitability of such sanctions to produce a change in behavior.

Language: de

Keywords

Violence; Disciplinary measures; Juvenile penal system; Principle of proportionality