Crime Criminal Justice Modern Germany
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WETZELL, ED. WETZELL, CRIME AND CRIMINAL JUSTICE IN MODERN GERMANY Edited by RICHARD F. WETZELL Published in Association with the German Historical Institute, Washington D.C. Overall the volume e ectively moves beyond o ering a one-dimensional legal history of modern Germany. Rather, the essays treat the history of crime, criminal law, and criminal justice as o ering the means to re ect on broader social, cultural, and political issues facing Germany in the nineteenth and twentieth centuries. Greg Eghigian, Penn State University CRIME ese essays make signi cant contributions. oroughly researched in primary sources, AND for the most part archival, they are also based on close familiarity with the most recent JUSTICE CRIMINAL AND CRIME writings by other scholars. Together, the essays should interest a wide range of scholars whose concerns encompass modern Germany, criminal justice, or both. Andrew Lees, Rutgers University CRIMINAL JUSTICE IN MODERN GERMANY MODERN IN Gathering more than a dozen of the leading mid-career historians of crime and criminal IN justice in Germany from the United States, Canada, Germany, and Britain, this collection of essays represents a stunningly important contribution to one of the most vibrant elds in German history today… Deeply scholarly, sweepingly encompassing MODERN GERMANY recent and older secondary work, but rmly grounded in empirical research, the essays in this volume represent an indispensable introduction to the eld for scholars and students new to it, while at the same time stimulating the interpretive focus of scholars already working in the eld. Kenneth Ledford, Case Western Reserve University e history of criminal justice in modern Germany has become a vibrant eld of research, as demonstrated in this volume. Following an introductory survey, the twelve chapters examine major topics in the history of crime and criminal justice from Imperial Germany, through the Weimar and Nazi eras, to the early postwar years. ese topics include case studies of criminal trials, the development of juvenile justice, and the e orts to reform the penal code, criminal procedure, and the prison system. e collection also reveals that the history of criminal justice has much to contribute to other areas of historical inquiry: it explores the changing relationship of criminal justice to psychiatry and social welfare, analyzes representations of crime and criminal justice in the media and literature, and use the lens of criminal justice to illuminate German social history, gender history, and the history of sexuality. Richard F. Wetzell is a Research Fellow and Editor at the German Historical Institute in Washing- ton D.C. He is the author of Inventing the Criminal: A History of German Criminology, 1880-1945 (2000) and co-editor of Criminals and eir Scientists: e History of Criminology in International Perspective (2006) and Engineering Society: e Role of the Human and Social Sciences in Modern Societies, 1880-1980 (2012). Cover image: “Der Kleine Frauenmörder” [The little murderer of women] by George Grosz, HISTORY 1918, oil on canvas, 66.8 cm x 66.8 cm. Private collection, courtesy Ralph Jentsch, Rome. SOCIOLEGAL STUDIES ©Estate of George Grosz/Licensed by VAGA, New York, NY. Edited by RICHARD F. WETZELL berghahn N E W Y O R K • O X F O R D www.berghahnbooks.com This open access library edition is supported by Knowledge Unlatched. Not for resale. Crime and Criminal Justice in Modern Germany This open access library edition is supported by Knowledge Unlatched. Not for resale. Studies in German History Published in Association with the German Historical Institute, Washington, D.C. General Editors: Hartmut Berghoff, Director of the German Historical Institute, Washington, D.C. Uwe Spiekermann, Deputy Director of the German Historical Institute, Washington, D.C. Volume 1 Volume 9 Nature in German History Biography between Structure and Agency: Edited by Christof Mauch Central European Lives in International Historiography Volume 2 Edited by Volker R. Berghahn and Coping with the Nazi Past: West German Simone Lässig Debates on Nazism and Generational Conflict, 1955–1975 Volume 10 Edited by Philipp Gassert and Political Violence in the Weimar Republic, Alan E. Steinweis 1918–1933: Battle for the Streets and Fears of Civil War Volume 3 Dirk Schumann Adolf Cluss, Architect: From Germany to America Volume 11 Edited by Alan Lessoff and Christof Mauch The East German State and the Catholic Church, 1945–1989 Volume 4 Bernd Schaefer Two Lives in Uncertain Times: Facing the Challenges of the 20th Century as Scholars Volume 12 and Citizens Raising Citizens in the “Century of the Child”: Wilma Iggers and Georg Iggers Child-Rearing in the United States and German Central Europe in Comparative Perspective Volume 5 Edited by Dirk Schumann Driving Germany: The Landscape of the German Autobahn, 1930–1970 Volume 13 Thomas Zeller The Plans that Failed: An Economic History of the GDR Volume 6 André Steiner The Pleasure of a Surplus Income: Part-Time Work, Gender Politics, and Social Change in Volume 14 West Germany, 1955–1969 Max Liebermann and International Christine von Oertzen Modernism: An Artist’s Career from Empire to Third Reich Volume 7 Edited by Marion Deshmukh, Françoise Between Mass Death and Individual Loss: Forster-Hahn and Barbara Gaehtgens The Place of the Dead in Twentieth-Century Germany Volume 15 Edited by Alon Confino, Paul Betts and Germany and the Black Diaspora: Points of Dirk Schumann Contact, 1250–1914 Edited by Mischa Honeck, Martin Klimke, Volume 8 and Anne Kuhlmann-Smirnov Nature of the Miracle Years: Conservation in West Germany, 1945–1975 Volume 16 Sandra Chaney Crime and Criminal Justice in Modern Germany Edited by Richard F. Wetzell This open access library edition is supported by Knowledge Unlatched. Not for resale. Crime and Criminal JustiCe in modern Germany S Edited by Richard F. Wetzell berghahn N E W Y O R K • O X F O R D www.berghahnbooks.com This open access library edition is supported by Knowledge Unlatched. Not for resale. First published in 2014 by Berghahn Books www.berghahnbooks.com ©2014, 2018 Richard F. Wetzell Open access ebook edition published in 2018 All rights reserved. Except for the quotation of short passages for the purposes of criticism and review, no part of this book may be reproduced in any form or by any means, electronic or mechanical, including photocopying, recording, or any information storage and retrieval system now known or to be invented, without written permission of the publisher. Library of Congress Cataloging-in-Publication Data Crime and criminal justice in modern Germany / Edited by Richard F. Wetzell. p. cm. — (Studies in German History ; 16) Includes bibliographical references and index. ISBN 978-1-78238-246-1 (hardback : alk. paper) — ISBN 978-1-78238-247-8 (ebook) 1. Criminal justice, Administration of—Germany—History. 2. Crime— Germany—History. I. Wetzell, Richard F., editor of compilation. KK7962.C75 2013 364.943—dc23 2013017866 British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library ISBN: 978-1-78238-246-1 hardback ISBN: 978-1-78533-657-7 open access ebook An electronic version of this book is freely available thanks to the support of libraries working with Knowledge Unlatched. KU is a collaborative initiative designed to make high quality books Open Access for the public good. More information about the initiative and links to the Open Access version can be found at knowledgeunlatched.org This work is published subject to a Creative Commons Attribution Noncommercial No Derivatives 4.0 International license. The terms of the license can be found at https://creativecommons.org/licenses/by-nc-nd/4.0/. For uses beyond those covered in the license contact Berghahn Books. This open access library edition is supported by Knowledge Unlatched. Not for resale. CONTENTS Introduction. Crime and Criminal Justice in Modern Germany 1 Richard F. Wetzell PART I. CRIMINAL JUSTICE IN IMPERIAL GERMANY 1. Justice is Blind: Crowds, Irrationality, and Criminal Law in the Late Kaiserreich* 31 Benjamin Carter Hett 2. Punishment on the Path to Socialism: Socialist Perspectives on Crime and Criminal Justice before World War I 56 Andreas Fleiter 3. Reforming Women’s Prisons in Imperial Germany 86 Sandra Leukel PART II. PENAL REFORM IN THE WEIMAR REPUBLIC 4. Between Reform and Repression: Imprisonment in Weimar Germany* 115 Nikolaus Wachsmann 5. The edicalizationM of Wilhelmine and Weimar Juvenile Justice Reconsidered 137 Gabriel N. Finder 6. Welfare and Justice: The Battle over Gerichtshilfe in the Weimar Republic 158 Warren Rosenblum PART III. CONSTRUCTIONS OF CRIME IN THE WEIMAR COURTS, MEDIA, AND LITERATURE 7. Prostitutes, Respectable Women, and Women from “Outside”: The Carl Grossmann Sexual Murder Case in Postwar Berlin 185 Sace Elder – v – This open access library edition is supported by Knowledge Unlatched. Not for resale. vi | Contents 8. Class, Youth, and Sexuality in the Construction of the Lustmörder: The 1928 Murder Trial of Karl Hussmann 207 Eva Bischoff and Daniel Siemens 9. Crime and Literature in the Weimar Republic and Beyond: Telling the Tale of the Poisoners Ella Klein and Margarete Nebbe 226 Todd Herzog PART IV. CRIMINAL JUSTICE IN NAZI AND POSTWAR GERMANY 10. Serious Juvenile Crime in Nazi Germany 247 Robert G. Waite 11. Criminal Law after National Socialism: The Renaissance of Natural Law and the Beginnings of Penal Reform in West Germany 270 Petra Gödecke 12. Repressive Rehabilitation: Crime, Morality, and Delinquency in Berlin-Brandenburg, 1945–1958 302 Jennifer V. Evans Notes on Contributors 327 Bibliography 331 Index 355 * These chapters are not available in the open access edition due to rights restrictions. They are accessible in the print edition as follows: chapter 1, pages 31–55; and chapter 4, pages 115–136. This open access library edition is supported by Knowledge Unlatched. Not for resale.