Abstract:
The issue of prisoner on prisoner violence in German prisons started to stir the awareness of the general public at the latest in the year 2006, when a case of fatal torture occurred in the youth prison of Siegburg in the Federal State of Northrhine-Westfalia. Subsequently to this horrible incident also scholarly research efforts turned more frequently to this subject which previously had been neglected even among researchers of corrections. However, the state of knowledge as acquired for the German penal system in this field is still rather low up to day, a situation which may probably change soon via the results of a larger study funded by the German Research Association elsewhere. The primary aim of the present study is, comparatively modest, to take meticulous stock of the current state of research on violence in German prisons through a secondary analysis of other recent projects resp. research results. In addition, the question will be thoroughly discussed whether according to the latest scientific evidence subcultural phenomena in custody can be a substantial trigger for violence among German prisoners. In the first chapter, the author deals in detail with currently legal and other valid rules resp. instruments on international and national levels, which provide a base, and partially also a formal duty, for the Correctional Service to protect prisoners against mutual attacks. The eventual conclusion is that the whole set of laws resp. rules needs to be improved. The second chapter analyses in depth and weighs the recent empirical findings concerning the extent and manifestations of violence among prisoners in German prisons. In addition, the officially reported findings from the visits of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) in German prisons are summarized and appraised in order to gain an overview of the current state of knowledge and in order to assess to what extent prison life in Germany is actually affected by it. The third chapter deals first with the extant theoretical models to determine possible risk factors for violence among prisoners. International developments on possible risk factors of the detainees and prisons for the violent behavior of prisoners are then considered in an exemplary manner. In the core chapter 4 the author stresses the central question whether there is actually, regarding the international state of knowledge, a causal link between the violent behavior among prisoners and a subculture in prison as German prison literature often claims. A total of four complexes is investigated, which are claimed by the majority of practitioners and scholars to have an influence on the occurrence of violent behavior among prisoners. The secondary analysis is mainly based on two English-language studies due to the scarcity of suitable German studies. The transferability of foreign research results to the German penal system is examined with a comparison of the findings from the few German studies, in addition with a critical comparison of the personal impressions of the author, which she has gained from interviews with prisoners. According to these sources the study concludes with the assumption that various extant forms of prison subculture in German prisons are conducive to violence among prisoners. In order to draw firm conclusions, however, more and broader conceived empirical research is urgently needed in this area.