German and Austrian Prisons: Prisons of Prussia, Bavaria, Saxony and Austria-Hungary; the Fortresses of Magdeburg and SpielbergGriffiths, Arthur
History
German and Austrian Prisons: Prisons of Prussia, Bavaria, Saxony and Austria-Hungary; the Fortresses of Magdeburg and Spielberg
Griffiths, Arthur
Prisons -- Austria -- History; Prisons -- Germany -- History
Bavaria has four cellular prisons in all; one at Nürnberg and three
others intended to serve the district courts of justice and filled
mostly with prisoners not yet tried. Other prisons are conducted on
the collective system. Many of them are ancient convents and castles,
little suited for the purpose to which they have been converted. Crime
is very prevalent, owing to a generally low standard of morality,
the neglect of education and the rough manners and customs of the
population. The peasants in many parts of the country are in the habit
of carrying long stiletto-like knives at public houses and dancing
places, and murderous conflicts, after nasty quarrels, when grave
injuries are inflicted, are very common.
The penal code of Bavaria, compiled chiefly by Anselm von Feuerbach,
a distinguished criminal jurist, was adopted by the government in
1813, and became the basis of criminal legislation for all the German
states. In Bavaria the peculiar merits and defects of this code
were strongly accentuated. The laws are severe and the punishment
merciless, but blood is never shed until the most minute pains have
been taken to secure proof of guilt. Circumstantial evidence is never
held sufficient to justify the extreme penalty, and sentence of death
cannot be passed unless the culprit has confessed his crime.[1] Two
witnesses are deemed sufficient when they testify to facts seen with
their own eyes, and the statement of one witness is accepted only
as half proof. By far the most important evidence is that given by
the prisoner himself. He is questioned by the examining judge in the
presence of the notary only, who is employed to take down his replies.
The judge seeks to elicit a full statement by suggesting that ample
confession may soften punishment. An attempt is made to entrap the
prisoner into untruthfulness by asking him if he knows the real reason
of his arrest, and if he affects ignorance or gives a false answer he
is gravely admonished and warned that lying will prejudice his case.
All the questions put to him are aimed to mislead him and obtain
unwary admissions inconsistent with innocence. If the prisoner has
replied truthfully, he is closely cross-examined on his own story,
which is twisted and inverted until he is confused into contradicting
and committing himself.
[1] This practice of requiring confession in capital cases doubtless
had its origin in the influence of the Church and the doctrine of the
confession as necessary to absolution.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account