Comparing the Level of Punitiveness in the U.S. and Germany

Abstract The article discusses the factors that explain the substantial differences in imprisonment rates between Germany and the U.S.; starting point is Michael Tonry’s thesis that these differences ‘mostly reflect deliberate policy choices’. The author points out that explanations must be more varied and that structural features of criminal justice systems are of great importance. Another argument made is that not every development deserves praise simply because it has the side effect of moderating imprisonment rates (such as bureaucratic and thus inefficient prosecution).