Another difference: not only are the prisons built different, they are run differently:
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no private prisons
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guards have 2 years training.
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the meme that “if the normal male goes to prison, he will be anal raped by a 200 pound black dude named Bubba” doesn’t exist as strongly*, because guards will be expected to put a stop immediately if this were going on.
Again, it’s not a case of “never happens” but “happens rarely and causes an outrage if revealed” - there was a case recently of a teen in juvie prison being bullied and harrassed by other teen inmates until he killed himself, and it caused an uproar in the media and an investigation as to why the guards didn’t stop this.
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the guards are not only well-trained, they are state employees, making them less suspectible to bribes.
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Prisoners still have their human rights***, both under EU law and local law. So prisoners have successfully sued for having a cell of 8 sqm because that’s the size that courts use to determine necessity**.
This also means that punishments are forbidden, like using pepper spray on the inmates.
As already said, prisons are also sorted, into juvie and adults, and severity.
In the (dumb for several reasons) series “Flashforward”, the team “visits” the High Security Prison … in Munich, where a Nazi criminal is kept. They show a typical US High Security place outside: rolls of barbed wire, two fences, guard doing duty with a german shepherd dog around a courtyard…
Only the prison in Munich is Stadelheimand is for small-time criminals (up to 1 1/2 years) and pre-trial stay. It has one concrete wall (with towers at the edge) andis surrounded on three sides by a cemetery with lots of trees. Bordering on one side is a real forest.
Given that members of the Weisse Rose movement were executed there, it would be doubly unsuited for Nazi criminals.
The newly built women’s prison in Munich, a short way down the road, looks more modern.
Serious criminals with long-term times in Bavaria go to Straubing - which lookslike this.
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there is however, no difference between jail or prison - all prisons are administered by the state. So stunts like Sheriff Arpaio would be forbidden doubly, because of cruelty against people/ violation of human rights and dignity; and because a local chief of police can’t run his own prison
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Prisoners don’t get better conditions because all citizens get access to health care and education.
Also, people on general don’t bedgrudge these things as luxury, but rather, education as necessary to get people out of the bad company that lead them to crime in the first place.
Again, to stop people twisting my words, of course we have a dumb group of the population who lives on the manipulation of the tabloids, and with exceptional crimes, they get riled up and demand harsh punishment for the offender. But the general population believes in rehabiliation.
And of course in real life there are prejudices against ex-cons. But at least theoretically, people acknowledge that once somebody served their term, their duty is paid and they have become a different person. (That’s also why a lot of crimes can no longer be persecuted by the law once enough time has passed: a theft at age 20 if you lived straight and honest for the next 20 years is no longer relevant because obviously you’ve become a different, straight person since then.)
- to avoid the nitpickers: because of the strong influence of US serials and movies, people know more about Hollywood law rules and Miranda rights than the relevant German laws (because the average citzen rarely gets arrested)
** what is neccessary for each person to have and what is luxury according to §1, Sentence 1 of German constitution - “Human dignity shall not be violated” is judged on by courts for example for people who receive Welfare = Hartz IV; for people who get part of their pay docked because of debts, or for people who get part of their property confiscated because of debts. The courts must then decide that eg a radio is essential (right to information, §5) but a TV luxury - until they changed and decided that today, a TV is necessary, too.
*** This is mostly a development of the prison reforms done in the 1960s and 70s, for which the ground was prepared in the 50s and early 60s by psychologists, philosophers and jurists studying the effects of harsh prisons on criminals and seeing that it was more bad than good.