We have no jury as we know it from America. The system differs. DA´s and judges are not elected to prevent any political influence. Both are independent and only bound to our laws. The sentence is given by a gremium of judges with an uneven number, almost are 3 judges usual. One professional jurisprudent and two non-professionals. They represent the people, the professional jurispudent represents the law system. The laypersons have the same rights as the professional jurisprudent, they can overrule him. The judges have a catalogue how the circumstances of an offense have to be valued. DA´s are also professional jurisprudents, they also could work as a lawyer like the professional judge could do.

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Do you like that kind of german folk music ?.

What i tried to say is that it would have no influence to the judges snetence whether the people on the streets or any politician would cry for harsh sentences or not. Our laws allow harsh sentences but the motto is: not as hard as possible but rather as hard as needed.

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Do you like that kind of german folk music ?.

So at a trial the evidence of the victims either in person or in a victim personal statement is not considered either when a sentence is passed?

Beside the DA do we have something special: the satellite charge. This is the victim itself, better said its lawyer. The DA represents law and order, the satellite charge the victim.
The DA leads the police investigation, his job is to procure evidences. A confession alone is never enough, hard evidences are needed. It´s not interesting what people in a courtroom believe, they are coerced to have (more) evidences. That´s why our police is very extravagant to do so (for instance in cases of felonies), to make sure a sentence can and will be given.
What we don´t know here in a courtroom is the last statement of the victims or victims relatives as we know it from the U.S. The reason is easy to explain: in cases when at a later time the innocence of the convict would be proven, in that situation would the dignity of the suspect be harmed with false accusations or insults.
The convict has a lot of capabilities to fight against his verdict.

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Do you like that kind of german folk music ?.

I Like the idea of 3 judges rather than a jury. it makes me wonder sometimes when you see judges give small sentences, to people who have say downloaded child porn or sexually abused children if the judge is up to it himself. with 3 judges we might get tougher sentences maybe.

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"The future belongs to those who believe in the beauty of their dreams"

"Fall seven times, stand up eight"

"Go back a little to leap further"

Excellence can be obtained if you:
care more than others think is wise;
risk more than others think is safe;
dream more than others think is practical;
expect more than others think is possible.

The sense of our court system is to punish as hard or soft as needed. In the written verdict have the evidences to be listed and the reasons why the sentence is given, why the convict got not more or less as he got. In dubio pro reo. The sentence must be comprehensible for everyone who reads the verdict. The sense is not to destroy a biography but rather to open a chance for the future, if possible. The sentence becomes valid when the convict or DA have fully used the legal process or when they declare that they will abandon. The convict has two possible defense options after the sentence is given: the wrongly use of the crime law and/or the violation of his constitutional rights while prosecution and/or trial. For both strategies has he multiple instances to fight for a fair sentence. Under defined circumstances can he charge the Federal Republic of Germany before the European Court for Human Rights. For my own i do know one case when a murderer did this.

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Do you like that kind of german folk music ?.

Andreas thank you for explaining your system, sounds like people have a fair chance at rehabilitation and the sentencing guidelines sound reasonable. I always think how long the sentences are in the US, and find it hard to get my head around why people think they are fair and just, but i do understand it is what we have come to accept in the societies in which we live. Like some of my friends cannot believe the sentencing here, or that their loved ones would not be incarcerated had it been under my law, but that can be said looking around the world. Then again their is always exceptions to the rule, and you will have some sentences that you think are way too lenient even in today's standards of rehabilitation. Just knowing the differences in the structure of the prison system, not only in the physical sense of how some people are housed here, but in the support given after incarceration. The many programs available as well as Government funding upon release, although that is not to say we run a tight ship and all is perfect, because that is FAR from the truth, but i think it goes a long way in helping prisoners and their family.

I guess it is what we find acceptable within our society, that makes up our governing bodies and the people that live within.

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The last of all freedoms is the ability to choose one's attitude in a given set of circumstances.
G. W. Allport.

We germans have always something to b i t c h "about the state", it´s a part of our mentality. Meanwhile am i convinced that our crime law, court and penal system is not the worst one, compared to other countries. A trial is here quite emotionless, a quite cold thing, that´s why many victims abandon to appear in the courtroom, therefore do they have their lawyers and the DA. In cases of sex offenses can it be positive for the suspect to confess his crime in the courtroom to spare the victim to appear there (because of its emotional and psychologic wounds). A confession has to be consistent to all the other objective evidences the police has collected.
Our society reacts pretty harsh in cases of "crimes against the liberal democratic basic system", it means against the Federal Republic of Germany. We have the case of three suspects who planned terrorist acts here, the so called "Sauerland cell". They planned to attack american military facilities here in Germany, to attack jewish and public facilities. Nothing has happen, no-one was hurt because german and american services cooperated strongly, but alone the attempt is a felony. Their trial is in progress but i guess they will get the harshest possible penalty with a limited duration, 15 years. The next possible penalty would be the life sentence, but i guess it´s too less what they did.
It exists a word by russian writer Leo Tolstoi: the nature of a society can you see with a view into her prisons.

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Do you like that kind of german folk music ?.

In the US, it is a constitutional right, a defendant to have the right to a trial by jury. I would rather a jury myself, judges themselves and attnys can get to jaded or bias, good the public is involved as I see it.

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I like the jury too. but even after the jury have found the person guilty its up to the judge on sentencing. sometimes ive seen people that have commited a crime involving kids get a really low sentence. to me the judge looked like a perv too. if there had of been two or more judges they might not of got such a low sentence. I dont know its all confusing aint it.

__________________
"The future belongs to those who believe in the beauty of their dreams"

"Fall seven times, stand up eight"

"Go back a little to leap further"

Excellence can be obtained if you:
care more than others think is wise;
risk more than others think is safe;
dream more than others think is practical;
expect more than others think is possible.