American Reacts to German Prisons..

[@eisikater1584]

German Constitution, Article 1: "Human dignity shall be inviolable. To respect and protect it shall be the duty of all state authority." I do not deny that sometimes, state authority violates this basic law, but all in all, the system works. Still, how ever nice they may make a prison, it's still a prison, and I wouldn't want to be there.

[@metallicaOFFrock]

and the only thing US-citizens care about is the 2nd amendment 😅🤦‍♂

[@prunabluepepper]

Exactly. Rhe punishment is the loss of freedom. No need for bad treatment as secondary punishment on top.

[@pascalnitsche8746]

Something fun for the Americans who might not know but this article is a result of the Holocaust and is protected by the constitutions "eternity clause" (Article 79 Number 3 GG) which states that Article 1 (human dignity) and Article 20: (1) The Federal Republic of Germany is a democratic and social federal state. (2) All state authority is derived from the people. It shall be exercised by the people through elections and other votes and through specific legislative, executive and judicial bodies. (3) The legislature shall be bound by the constitutional order, the executive and the judiciary by law and justice. (4) All Germans shall have the right to resist any person seeking to abolish this constitutional order if no other remedy is available. cannot be changed (Amendments to this Basic Law affecting the division of the Federation into Länder, their participation in principle in the legislative process, or the principles laid down in Articles 1 and 20 shall be inadmissible.). This is understood to also apply to any constitution that might succeed the Basic Law (for example by Article 146) If you are interested in the Basic Law (the German Constitution) here is the official English translation: www.gesetze-im-internet.de/englisch_gg/englisch_gg.html

[@aw3s0me12]

​@@prunabluepepper but pls, let us all agree, kid abusers should get way harder punishment...waaay harder...

[@HH-hd7nd]

@@aw3s0me12 Actually - they do. Many inmates in prisons have children of their own and don't like the thought of them being abused one bit. Child abusers usually don't exactly face happy times in prisons.

[@sissiphos_]

I grew up thinking prisoners having „Freigang“ is a normal thing everywhere. In Germany, if you have been doing well in prison or are incarcerated for something minor, you are allowed to leave the prisons for the day (to visit family or get a job) and only have to return for the night and the weekends. There are different regulations, but essentially you get to slowly return to society although you are technically still serving a sentence. It makes so much sense to me and it was shocking to realize this is not normal everywhere.

[@Novusod]

America used to have something similar to „Freigang“ but it was discontinued after the infamous Willie Horton case. In 1987 a murder named Willie Horton was given a pass to leave the prison and visit his family outside of prison on the condition he would return to prison in a few days. Horton was in the middle of a sentence he was serving out for a murder in 1974. However on his leave from prison he committed 2 more murders. The prison system's reaction to the Willie Horton murders was to permanently end the prison leave system. Criminals who abuse the system is the reason we can't have nice things in America.

[@wald-meister6705]

Very less prisoners have Freigang, can leave the jail in between

[@dannyf1168]

Treat them like people and when they re-enter society, they won't be psycologially messed up by the prison experience. American's often say "wow, this looks great" but would you really trade your freedom? Years from your life? If the answer is still yes. I'd be really concerned about what regular life in your country is like. The problem then isn't the prisons being too nice - its regular life out in society needs improvement.

[@Leona17]

yep. I like to see it this way: the prisoners will be released eventually. They'll be someone's neighbour eventually. And I'd rather have a ex-prisoner who's mentally stable than one who's traumatized and will be more likely to return to crime

[@paul1979uk2000]

I was thinking that, if this looks good by American living standards, then what does that suggest about how Americans are living? I highly doubt many Europeans would want to be locked up in prison, even with them being much nicer places to live than American prisons. Maybe the quality of living in European countries is so much better than what Americans are accustomed too, that they see these prisons as actually quite good and something like a normal life that in some cases, is better than what the American poor get, even with being free. It's a crazy situation, but it tells you a lot about the society of a country and it's people in how they see things and clearly, Europe, especially EU countries are doing something right when it comes to quality of living, rights and putting people first.

[@jennyh4025]

@@paul1979uk2000 well, German prisons are so good, that some homeless people actually commit petty crimes to be caught and sent to prison at times. But „real prisoners“ tend to say things like „being away from your family and friends is the punishment, not the prison itself“. And just thinking about it, I have to agree with that.

[@dannyf1168]

@@jennyh4025 sounds like a mental health issue too. Someone that WANTS to be in jail. Things aren’t good for them. Society should step up.

[@jennyh4025]

@@dannyf1168 someone else described this very well in another comment. Sometimes people are not ready to take on life outside of prison (then they can actually ask for a room in a prison until they feel fit for it) or they need stability (or just a safe place for some weeks or months) so they try to achieve it this way. When they really need mental health care that goes beyond „how to live a normal life“, they should be able to get that care outside of the prison system, because it’s covered by the statutory health insurance (and private insurance in Germany is required to cover at least the same). I know psychologists and psychiatrist are rare, but they and their care (as well as in and out patient institutions) are covered by the insurance.

[@jancleve9635]

Our whole legal system is VERY different. We do not have jurys. We do not have jails. We do not have bail. We do not have bounty (hunters). We do not have executions. We do not have unpaid, forced prison labour (slavery). The idea that human dignity is inviolable works, not perfect and not always... BUT it is a cornerstone of our understanding of civiliasitaion. The american system is "barbaric" in my opinion.

[@gwendolynsnyder463]

I'm German too, and is it normal that I count the US as a second world country when I feel generous, and as a third world country normally? Because that's my actual damn thought.

[@MrDekuchan]

The American way is in fact barbaric. America is a failed society in my opinion. I like the culture, but i hate the way they work their country as a hole.

[@gluteusmaximus1657]

The loss of freedom (to do what you decide, go where you decide) is the punishment in civilised countries.

[@Chewbacca55]

For a good video on this topic lookup: "Germany: Low Crime, Clean Prisons, Lessons for America | Jeff Rosen | TEDxMountainViewHighSchool"

[@ReisskIaue]

One of the best videos I know about this topic.

[@kaylaread8048]

Yeah, it’s a great video. All American People should watch it. Explains everything!

[@danilopapais1464]

Well, in Germany incarceration is seen as punishment enough for the prisoners, since it strips them from one of the (if not THE), most important aspects of life: Freedom.

[@dreamdog7346]

Viel zu lasch. Die Menschen, die z.B. morden, Kinder missbrauchen also schlimme Straftaten begehen, sollten härter bestraft werden und nicht so einen komfortablen Aufenthalt im Gefängnis haben.

[@Maruun1986]

Exactly, the punishment is the lost of freedom, not the lost of being a human.

[@jennyh4025]

Loss of freedom and loss of regular (daily) contact with their loved ones.

[@danilopapais1464]

@@jennyh4025 The second one is the result of the first one.

[@jennyh4025]

@@danilopapais1464 it is, but it is felt on a different level.

[@Miristzuheiss]

The fact is, in Germany the prisoners got help from pshychologists, social worker. So they will have a better Start into the free life.

[@asmodon]

Which is the sensible thing to do, isn’t it. You wouldn’t want them to be worse when they get out.

[@checkcommentsfirst3335]

@@asmodon Rehabilitation is a Great Concept

[@JaniceHope]

People are also not thrown out of a prison after serving their sentence without social services a) preparing them and b) leaving them stranded at the prison gate with no money and nowhere to go. Usually if you have a short prison sentence of a few months you don't even lose the apartment and the social services pay the rent.

[@zerbotakemura4905]

@@JaniceHope as a german hope you dont end up inocnent in prsion the german justice system dosn like to admit wrongs even tries to block exonerations and in prison all the nice hings like therapy, jobs early relasse ec you only get if you admit your wrong wich you cant if you are inocent and the compensation you get if wrongfull convcited is a joke if you can even get it prisons in germany have their own flaws and failures but still at last we try too fix offenders not with 23 hours 7 days a week solitary confinment for years and being surprised the mentaly broken offender cant cope in freedom and is back next week after murder or assault of a felow citizen

[@Arcturio]

you have to consider: some people make once a mistake in their life. The deserve a chance and should be treaten like humans. Some will be better persons after the prison. In the States the rate of prisoners who will get again into prision is MUCH higher!

[@vincentjutte3500]

especially because the goal should be, at least for the 95% who are not complete psychopaths, to rehabilitate and reintegrate them into society. It's even more important in the most cases than the actual punishment itself. otherwise they are way more likely to commit any crime again, as you mentioned.

[@balduran]

German Prisons are not build to punish people, like US Prisons. They are primarily build to rehabilitate people and prepare them for a normal life in our society. And I personally think this is a great way of dealing with criminals. No one commits a crime because they want to. Normally they do, because they feel they have to for some reason.

[@walkir2662]

Especialyl as we also want them to have a place afterwards. Fortunately, we no longer have to deal with people that got sent to jail in the GDR, but even so - if you went to jail in 2010 or so, good luck surviving in the modern world without preparation.

[@johanneshalberstadt3663]

That's not entirely true. Punishment and protection of society from dangerous individuals are still just as important reasons. But other than in other countries in Germany rehabilitation is not thrown out the window or made much less likely. Of course incarceration is meant as a punishment. But not being able to move freely, being confined to a small room, no luxuries, is already punishment. No need to further humiliate or further brutality inmates. Think if parents punishing their children for wrong doings or overstepping. Yes, they get a punishment, but at the same time the parents don't want to destroy them or permanently damage them.

[@zeisselgaertner3212]

The target of prisons in Scandinavia and Germany is to develop the inmate in the direction of a reliable member of society. Therefore the staff represent role modells and they are partners to achieve this goal. Of course this will not work with every single criminal but you have to try at least. In the end the rate of persons being released from prison and caught again with new acts of violence or crime is significant lower than in the States.

[@kathleencommerford9664]

I saw a doco on what you’ve said.

[@rast]

Not only Scandinavia and Germany, also Switzerland I'm pretty sure in many European countries as well.

[@suicidalbanananana]

@@rast Yeah it's pretty much like that in every EU country, probably some EU law.

[@arleccio]

The worst sentence you can get in Germany is Sicherheitsverwahrung. That means you stay in prison after you served your sentence. You have more freedoms than regular prisoners, since you're not a prisoner. But you will never leave the prison because it's almost guaranteed that you'll repeat the crime that brought you there. Now, you won't get that for shoplifting or drug taking or selling. Not even if that's the first thing you do everytime you get out. Your stint in prison might get longer the more often you appear in front of the judge, but that's about it. Sentencing you to spend your life imprisoned even after you served the maximum penalty for the crime you committed is basically going against the first article of the constitution. It violates your dignity. Yet for the sake of society (everyone else's dignity, if you will) you can't be let out again. I'm glad we don't kill people. The state shouldn't have the power to decide that. They're only humans, too. They make mistakes. You can get out of prison, you can't come out of a grave.

[@FHB71]

While prison time is something you spend because of a crime you committed, in Germany we concentrate on re-socialization and not so much on punishment, while the US prisons seem only concentrating on the latter, but never forget that even in Germany your freedom is taken away for the time you spend in prison, but the intention is not to break you, but to build you up again.

[@dereknewbury163]

Oh dear, Joel, things must be going through a rough patch if a comfy prison begins to look attractive! The UK prison system is not great but it is surely a matter of trying to apply intelligence. The purpose of prisons is to punish, to protect the general population and finally to rehabilitate. The German and Scandinavians do this much more successfully than the UK or US. There is no death penalty throughout Europe

[@dereknewbury163]

@@Michael_from_EU_Germany Belarus, run by a quasi dictator and assisted Russia in the invasion of Ukraine, I suppose one should have expected that

[@willybauer5496]

@@dereknewbury163 Though, e.g. in Russia, the death penalty does not exist, but the prisons itself are some specific kind of hell

[@june4976]

There's a TedX talk about German prisons. It's about 23 minutes long and is called "Germany: Low Crime, Clean Prisons, Lessons for America | Jeff Rosen | TEDxMountainViewHighSchool". The video is 6 years old, so some of the data might be dated, but I found it pretty good.

[@karstenvagt1075]

Yep. I also wanted to recommend it :)

[@jankrusat2150]

One big difference: Our judges, police officers and prosecutors are not elected, but appointed. Judges are selected by a committee of judges and then stay judges for life (except for those at the constitutioal court, who stay for 12 years) and police officers and prosecutors are civil servants. They do not have to appear to be "hard on crime" to get reelected. Prosecutors have by law to also consider evidence which points towards a suspect's innocence and have to close investigations if there is not sufficient evidence to point towards guilt.

[@hellemarc4767]

There is no death penalty in Germany, nor in the European Union (the German government even refuses to send the drugs that were used for lethal injections in executions to the USA; the USA now use a different drug, since Germany is the only producer of that particular drug). Here is a good documentary about the maximum security prison in Aachen: kzbin.info/www/bejne/i3fPoKipm8-md5Y

[@edwinf4524]

Prison in Germany is not mainly about punishment, it’s to teach them to be better persons. This works only with relationships and social workers and psychologists. I worked with prisoners in a psychiatric hospital.

[@markusschenkl7943]

You're right, it's not only about prisons but many, many more differences affecting the society as a whole. US Americans are being raised with this "The USA is the greatest country in the world and we know best!" idea -- but in order to improve you need to take a step back, reflect and look at things from another perspective. Always looking away and ignoring your own imperfections won't improve anything, you need to be willing to learn from others.

[@seventone4039]

And so do we in other countries. We don't need to blame or mock each other, if someone has a good idea so be it, its ok.

[@jennyh4025]

@@seventone4039 everyone has to learn, but I think the emphasis in the comment was more on the unwillingness of the „America is the greatest country on earth“ majority to look at other countries and maybe learn from them. For many of these people it unpatriotic to even think that other countries might be on to something better. While the majority of Germans (and others) I have met tend to love to criticize their own country while hoping to find ways to improve their country.

[@FlixTraveler]

I was in prison in the Netherlands for a short time. It´s much the same as this looks. The point is you loose your freedom. But on the other hand you will come back in society one day. So it´s important to make that gap as small as possible. At least for the small offenders.

[@bluebear6570]

The first sentence of our constitution reds: "The dignity of man is untouchable. To respect and protect it is the obligation of all state power." With prisons run by commercial, private businesses, the system has a keen interest in keeping people incarcerated. Art. 102 of our constitution explicitely forbids the death penalty.

[@Kjartan1975]

Yep, this system was well explained in must see documentary "13th".

[@KALLER76]

The punishment is the lost of freedom. Not to live in really bad conditions.

[@pascalnitsche8746]

Well it's not so much focused on "punishment" but more on "rehabilitation". What good does punishing someone do if they just commit the next crime afterwards? ;)

[@KALLER76]

@@pascalnitsche8746 the thread of punishment prevents some crime. The focus in prison should be on rehabilitation.

[@OrkarIsberEstar]

in the US justice system, its way easier to get someone innocent convicted, i think. Why? cause guilty or not guilty is ruled over by average people, your "peers" that have no idea about the law, about human pychology, manipulation or anything to do with how to judge a person. On top they wanna go home and are incentivised to reach a conclusion, not the right or fair one but just the one they can agree on the quickest. In germany, guilty or not guilty is decided by actual proffessionals - 3 judges. THEY know the law, they know how to judge a person, they arent manipulated by speeches from lawyers or emotional stories. They care for the facts and nothing else making it, in my oppinion, way more reliable and fair. is it perfect? nah but i think its the better option

[@ReisskIaue]

Well, not exactly. It depends on the crime and the court you are dealing with, but usually you have in case of minor offenses just a single (professional) judge and in cases with cimes, that can be punished harder, there will be two "Schöffen" (two civilians without any law-background, a little like jury-men) next to one (Amtsgericht: Schöffengericht; Landgericht: Kleine Strafkammer), two (Landgericht: Große Strafkammer) or three (Landgericht: Schwurgericht) professional judges (to have some "common sense" among the judging persons, not just ones who live in an "ivory tower").

[@OrkarIsberEstar]

@@ReisskIaue well that is true, i was in my mind looking at felony charges that can end up with life in prison. minor offenses usuallly arent brought to court at all and a judge rules in your absence - which you then can challenge and demand an actual process but that doesnt happen that often

[@geordiegeorge9041]

Don't let this fool you. I have worked in two German prisons, and one Forensic Psychiatry Clinic they were old gruesome places. The prisoners/patients are well treated , but the buildings were depressing.

[@tboi112]

Definitely no Death penalty in Germany! In 2016, the United States had the highest prison and jail population (2,121,600 in adult facilities in 2016), and the highest incarceration rate in the world 655 per 100,000 people in 2016 incarceration rate of Canada is 104 per 100,000 (as of 2018), England and Wales is 130 per 100,000 (as of 2021), [and Australia is 160 per 100,000 (as of 2020). Comparing other developed countries, the rate of Spain is 122 per 100,000 (as of 2020), France is 90 per 100,000 (as of 2020), Germany is 69 per 100,000 (as of 2020), Norway is 49 per 100,000 (as of 2020), Netherlands is 63 per 100,000 (as of 2018), and Japan is 38 per 100,000 (as of 2019). (Source Wikipedia)

[@Geheimkuenstler]

It's retaliation against rehabilitation. Of course in comparison to Norway, Germany also has a long way to go.

[@juttaweise]

difference in the number of population

[@barryford1482]

Australia was once one big prison but we made good. We still call English people coming to Australia POME which stands for Prisoner Of Mother England

[@jensschroder8214]

The freedom in Germany is also different. In the US, freedom of speech is giving politicians money to sway opinion. In Germany, that's bribery. In the US it is freedom of speech to insult others. In Germany, insulting others is not covered by personal freedom because it violates dignity. Therefore, Holocaust denial is also a criminal offense and not freedom of speech. In Germany, human dignity is higher than personal freedom! That's what the first sentence of our constitution says: "Human dignity is inviolable." Sentence 2 says that everyone has the right to develop freely as long as they do not restrict others or violate the state. Sentence 3 says that all people are equal and that men and women should be treated equally.

[@jennyh4025]

Someone once said it very well: In the USA I have freedom to do things (say whatever I want, run around with a firearm in public,…)and in Germany I have freedom from (fear of healthcare debt, hate speech, people going into public buildings to shoot others,…). It my be my upbringing, but I prefer the freedom from that I get in Germany

[@jeffafa3096]

I am unsure how this is in Germany, but in The Netherlands, a judge can also sentence a defendant to be forcefully put into a mental facility. We call it "Terbeschikkingstelling", or "TBS". It basically means a judge deems you mentally unfit to participate in society, and you need forced mental health care. Technically, the maximum prison sentence is 20 years in our country, but this TBS can be extended indefinitely based on psychiatric evaluations, and is sometimes a harsher sentence than going to prison. And these mental facilities sometimes have worse living conditions than the prisons too, so you are usually worse off if you get this sentence. Usually, for harsher crimes, a judge will deal out a mixed sentence btw. So you would get for example 4 years in prison and 2 years of TBS as a sentence if you murder someone. But effectively that could mean 5 years in prison and a life-long TBS sentence. Everything is focused on re-integration into society, but if you are deemed unfit to re-integrate, you WILL remain locked up for life...

[@patrickschindler2583]

In Germany it's not about locking someone away until they come out vertically. But to give him time to think about his actions, to rehabilitate him and to reintegrate him into society. Whereby that also his probation officer is provided to the side.

[@HH-hd7nd]

A few facts about the USA prison system: 1) 1/4 of all people incarcerated worldwide are incarcerated in the USA. 2) The USA (336 million people) have locked up 4 times as many people as the autoritarian country of China with a population of 1.4 billion. So much for the "land of the free". 3) The privatization of prisons has led to a system where the prisons want to lock up as many people for as long as possible to squeeze more profit out of them. 4) The mistreatment and lack of support for prisoners has turned the US prisons into violent, dangerous places - which is intentional btw. 5) The removal of civil rights and the lack of job opportunities for ex-prisoners combined with the horrible extortion and abuse many ex-prisoners suffer at the hands of their communities and especially their bosses at work even if they manage to find a job forces many right back into criminal activity just to survive. In short - the whole "justice" system in the USA is designed to produce as many hardened criminals as quickly as possible so that the corporations, their CEOs and shareholders running the prisons can rake in as much profit as possible. PS: According to some statistics about 22 % of the inmates in US prisons are acutally innocent.

[@anunearthlychild8569]

Our legal systems are based on different principles. In America, someone is guilty until proven innocent. In Germany, someone is innocent until proven guilty. And our prisons are designed for rehabilitation, not punishment. Doesn't always work, but in many cases better education and training prevents people from recidivism. It may be that in Germany the system was changed because in the Hitler era anyone could be imprisoned or worse for far-fetched reasons. Through false accusations of the alleged victims, and false testimony, it can still happen, but people rarely go to jail here today who are not guilty. This is partly because witnesses are looked at more closely after a number of cases have come to light in recent decades where false testimony led to convictions, and partly because investigative methods have improved. It is precisely through DNA evidence that many a person is subsequently exonerated.

[@asmodon]

Human Dignity is in the first paragraph of the first article of the German constitution. All the court rulings regardingthe prison system are referencing that. I guess it’s hard to just transplant that to the US.

[@Magdaliese]

Fun fact: it actually isn't illegal to escape from prison in Germany as long as you don't break other laws - because freedom is considered a basic human instinct. So you won't get an extra punishment for that if you are getting caught. That being said, you most likely need to do some illegal things to get out in the first place (blackmailing, destroying things, taking someone hostage, using a weapon, etc.) and for that you get charges of course. But I think it's fascinating and shows the respect Germany shows prisoners by viewing them as human beings with basic needs and insticts and rights of course (which as others have already pointed out is manifested in Article 1 of the German Constitution).

[@dutchman7623]

Death penalty doesn't exist in the EU, membership is prohibited if a country doesn't respect human rights. Most countries even abolished death penalty during war and for war crimes.

[@seventone4039]

Norway seems to have the best Prison system world wide. Most inmates doesnt come back bc they get the help meeded for betterment

[@Pucky71]

Grundgesetz (German Constituion) Article 1: "Human dignity is inviolable. It is the duty of all state power to respect and protect it." This is taken very seriously in Germany. At 06:46, Joel says exactly the right thing. Yes, the victims of the Nazis have a right to have their life stories recognized and the crimes not to be denied. That too is a form of human dignity. There is no death penalty (Article 102 german Constitution). Children (under the age of 14) will not be brought to justice if they commit crimes. Juveniles (usually under the age of 18) are not punished like adults, regardless of the crime committed. The essence of imprisonment is the protection of society and the rehabilitation of the criminal so that he is no longer a danger and can live a life free of crime. Everyone has the right to live in freedom, if it is possible (There is no penalty for prison break). Probation is possible with any sentence. Nobody should die in prison, very old prisoners are supposed to go to Retirement homes so that they can live out their last years in freedom. Old sick people are usually no longer a danger. It's not about revenge. The system is not perfect, but there are many fewer people who become criminals again than in the USA, for example. Norway has an even more humane penal system. I think it's very good that Joel addresses such a serious and important topic. I wish to be able to welcome him to Germany. Joel, you are a great person

[@nigelgordon]

If you treat people like animals, you will get beasts.

[@fzoid3534]

We had this topic a lot. The goal of German prison - rehabilitation and reintegration into society. The goal of the US prisons is punishment. If the German prisons amaze you already have a look a prisons in Finland.😅 The whole dignity part. After the horrific actions of Germany during WW2 when the federal republic of Germany was founded in 1949 it was important to not let something like this happen again. So the first article of our constitution reads: Human dignity shall be inviolable. To respect and protect it shall be the duty of all state authority.

[@neilwhitfield5026]

The death penalty does not exist in Australia. Ronald Ryan was the last man hanged in Australia, 56 years ago in 1967.

[@Stami604]

Have a look at the prison system in Norway. You will be shocked.

[@juttaweise]

but it is the right approach! I've seen a doc about the "prison" for young people situated on an island. The interviews were really great, by prisoners and their guards!

[@Stami604]

@@juttaweise Ich sage ja auch gar nicht, dass es der falsche Ansatz ist, nur dass es ihn schockt, wenn der deutsche Ansatz ihn schon so erstaunt. 😉

[@juttaweise]

@@Stami604 jaja, so hatte ich es auch verstanden. Aber das ist ja auch so eine Masche von ihm in all seinen Videos, der deutsche Markt ist enorm und falls er das als "Beruf" macht umsomehr. Er liest auch nur sporadisch unsere Kommentare hab ich festgestellt. Naja, er ist jung und es sei ihm gegönnt.

[@Torfmoos]

If your Prisons made a lot of money out of the prisoners it s necessary to fill them. *sacasm off

[@gwendolynsnyder463]

We Germans had the death penalty in earlier times, but it doesn't exist anymore. The reason being not that it's inhumaine, the main reason we don't have the death penalty anymore is simply that it's irreversable. Whereas a person who's been falsely in prison, and still treated with some degree of dignity can be released and compensated once they've been prooven innocent through new forensic breakthroughs. And because it's inhumane. I mean, the death penalty being inhumaine is some part of why we don't have it anymore, but a big chunk of the reasons is that it's irreversable.

[@brightmaxe]

If you treat the prisoners like monsters you should not be surprised when they come out as monsters. Also in Germany prison sentences are far shorter and you would probably get on parole the first time. In the US you Go to jail for anything if the judge has a bad day or does not like your haircut.

[@ThehakkeMadman]

I watched so many videos from Larry Lawton, his prison stories are INSANE! Prison in Atlanta mus be one of the worst places on earth :( Private prisons are an inhuman system Every penny you don't spend is the penny you take home after work. Some prisoners get food barely worth 50 cents so they gonna eat paper or whatever just of starvation. This is happening. Now. In the US. This is so heartbreaking and I really hope this will change one day. So so sad :(

[@panther7748]

The emphasis on human dignity (as can bee seen in Article 1 of the german constitution, it's our most important legal value that can override everything else) is a lesson from the crimes of the Nazis. They killed millions of people and that's horrible enough, but even more despicable was that they treated the inmates of the camps and ghettos like animals ("sub-humans" as they said). They didn't just wanted to kill them, they wanted to degrade and mentally destroy them as well. They denied them any form of dignity. That's why we put such an emphasis on this value, why we made it our most important legal principle, why we made it the highest redponsibility of the state to protect it. And that's also why our prisons look like this, because there is no justification whatsoever to deny anyone human dignity.

[@hitago4551]

Its kinda funny, here in Germeny we complain about our prisons because of the bad recidivism rate, but in this video its like we have the best prisons you can imagine. I guess the best ones are in scandinavia, especially Finland.

[@RandyMahnke]

It's widely known that Norway has the best prisons, maybe you mixed them up?

[@hitago4551]

@@RandyMahnke ye maybe, but finland also have many "open" prisons where they go to work and live like in a shared flat. Norway have the best recidicism rate for sure.

[@Ohjeezno]

Dude, your heart is good and your brain works fine. I'd be happy to invite you to come live in Europe, but I think the US need people like you as future leaders to enforce change for the common good. Bless you.

[@miramallo30]

Criminal justice basically has three different goals: -revenge (that warm feeling if bad things happen to bad people) -rehabilitation (preventing the prisoner to commit crimes in future) -deterrence (preventing other people to commit crimes) Unluckily, they three do not come hand in hand. They all require different approaches to be achieved. The approaches even partly contradict each other. It is completely ok to put the emphasis on punishment, like the US. However, you need to be prepared to pay the price: generally higher crime rates. It is a well examined and long time well known fact that "punish them hard, so the rest is deterred from committing crimes" does not work. To the contrary. Germany focuses on the second aspect. You may discuss whether criminals deserve that approach. However, you cannot dispute the success. Compare crime rates and prison costs (despite the German "luxury" in prisons) in Germany and the US. We learned the hard way 70 years ago, that it is a bad idea to incarcerate someone for being something (a bad person, a murderer, a pedophile, a criminal, ... , and in the end even a jew, a gypsy). It does not matter what someone is (that basically is a deeply American ideal that is betrayed in US-justice system), it is only important what someone _does_. As soon as you understood to distinguish the (possible evil) deed from the (deserving dignity) person, you know what to fight, you know how to proceed. Unluckily, also here in Germany, a lot of (usually clueless) "punish them hard, so the rest is deterred from committing crimes" apologists try to make things worse.

[@TezcatsGhost]

funfact about german laws regarding death sentence since you mentioned it at the beginning in one of the states of germany (bavaria) the state law includes the death sentence but the german federal law strictly forbids the death sentence therefor that state law is irrelevant but technically it still exists

[@roberthickton7732]

The death penalty does not exist in the UK , European Union and most Western countries. The USA stands alone and vilified by many , rightly so for keeping the death penalty.

[@therenas]

If you want more info, I recommend the TED talk of Jeff Rosen about German prisons.

[@boerbenlp8659]

The water next to the fence is a pretty smart move. Makes you feel more comfortable and peasceful and at the same time probably improves the security, because there is another obstacle before the fencem which makes it harder to pass.

[@suppenschlund]

Fyodor Dostoevsky wrote that “the degree of civilization in a society can be judged by entering its prisons.”

if u want to rehabilitate people u need to show them that there is another way to live and not treat them bad

[@KC-mw9hg]

That sun I think is a flower

[@paimaikar285]

There is no death penalty in Germany anymore. It was abolished in the 50ies (West Germany) and 80ies (East Germany; but there weren't that many executions). I'm not sure, but I think it is one of the requirements to join the EU to have the death penalty abolished. Oh and there is a shortage on certain drugs to execute someone in the US, because the EU stopped the export as they were exclusively used for executions .

[@riccardocoletta2398]

Minute 10:02 - Death penalty isn't present in any Germany (and nearly any other EU country) It's a brabraric procedure that we abandoned since decades and centuires in some countries. Most of EU countries don't have death penalty since the end of WW2

[@uweinhamburg]

The data showing the results of a prison system should be - reoffending rate - percentage of prison inmates of the total population - amount of crimes committed in prisons - (perhaps a bit less) integration of the prisons in their communities

[@vidright]

Article 1(1) of the German Constitution: "Human dignity is inviolable. Respecting and protecting it is the duty of all state authority." These two sentences are the main reason why I consider the German constitution to be one of the best in the world, if not the best ever.

[@MrHitman1976]

In the U.S., prisons are a business. We should not forget that. In Germany, the aim is to reintegrate the prisoners into society, which is a big difference. Every country has its own laws, and we should respect them. In Germany, human dignity is inviolable, Article 1 of the Basic Law, and it should stay that way.

[@ParkSuchti09]

It’s not about punishment, it’s about resocialization.

[@StephenJHannah]

This was really an interesting reaction video on a unique topic. Thanks for posting.

[@jameslewis2635]

What do you think will get better results for a society? 1) A hostile environment where staff and inmates are essentially forced to see each other as enemies, where violence and harsh discipline are normalised with little to no view to correcting anti-social behavioural disorders or helping inmates be ready to re-integrate into society on release ending up with a majority of inmates re-offending because they either have no other way to support themselves or they have become so institutionalised that they can no longer stand to be outside their familiar prison environment. 2) A correctional facility where staff work with inmates as fellow human beings to resolve the issues that brought them to prison in the first place while allowing access to training resources so that upon release they can support themselves without re-offending.

[@pfalzgraf7527]

The first article of the German constitution says: "The ditnity of man is inviolable. To respect and protect it shall be the duty of all public authority." "The German people therefore acknowledge inviolable and inalienable human rights as the basis of every community, of peace and of justice in the world." "The following basic rights shall bind the legislature, the executive and the judiciary as directly applicable law." and then the finer details begin. This is, of course, to be seen before the background of the Nazi Regime. The first sentence in quotation marks above is the German equivalent to the US quotation of "live, liberty and the pursuit of happiness" - it is the best known quote from the constitution. And this has, of course, an influence on how the German prison system works. The idea is: If you become a criminal, something has gone wrong. A fairly "normal" person can be re-trained to better fit into society. That is what prison is for. There are, of course a few who will permanently stay aggressive or criminal in one way or another. If that is detected, they can, of course, be in prison literally for the rest of their lives. However, even they should be treated with the dignity that is the birth right of every single human being. And no, there is no capital punishment in Germany. There are Germans who would like to see the aspect of punishment more in the foreground. But up to now, the idea that Germany of all countries should not become even slightly authoritarian again, even in the prison system, has dominated the approach.

[@sabineworner5202]

In order to fully understand where BDR (West Germany) and from 1990 also the eastern part of Germany have moved, I recommend this documentation. kzbin.info/www/bejne/raW5Zpisa51kaas shows the perspective of an American whose parents survived a german concentration camp. It is a TEDx contribution.

[@mlee6050]

When JP says that a start, maybe the person could of been like "well that is the video for American prisons done"

[@RustyITNerd]

Have a look at the comparison made by the Black Forest Family, very informative. Fun fact which might make your jaw drop: The freedom of each individual is considered a human right in Germany. To take the personal freedom away is, according to our constitution, the last resort when it comes to punish a person (read: hold someone accountable) for criminal activity. That is why a prison break or the attempt to escape from prison is non-punishable. As a matter of fact, as an inmate you only get punished for the crimes you commit when trying to escape, like property damage, assault and battery, resisting law enforcement, theft, fraud, etc.

[@emiliajojo5703]

As you can't be 100%sure,there aren't innocent people,human dignity is all the more important.

[@tramper42]

2:49 „Why is there a happy sun in German prison?“ Presumable to make in people smile (even if you feel like smiling, but move the mussels to smile, you brain thinks it is a little bit happier then without smiling) Also, you ALREADY TOOK from the prisoners one of most value thing (also valued by USA, I guess) FREEDOM. THAT is the punishment. But there is no need to torture. They lost all social contacts, (direct and smartphone) , they can not do what they want over each day. (I already hear people: I cannot do what I want over the day, I have to work.. well YOU can TRY CHANGE your life and do something else, they cannot)

[@Im70973]

Germany differs not only in the penal system from the USA, but also in the judicial system. Judges and public prosecutors in Germany are not elected by the people, but appointed by parliamentary committees. The appointment is for life. Therefore, e.g. the number of convictions or the severity of the judgments etc. has no influence on the career. The same applies to the police. We don't have sheriffs running for office.

[@DramaQueenMalena]

The first article of the German constitution: Human dignity shall be inviolable. To respect and protect it shall be the duty of all state authority. Freedom and pursuit of happiness are important but not, if the human dignity is violated. So, free speech is forbidden if it can lead to an atmosphere where a part of the population gets discriminated.

[@mlee6050]

4:39 *sings trees of green, red roses too*

[@globalizacionliquida]

You are a very clever guy! Good for you.....Greetings from Uruguay

[@muffinn1337]

You may think: "oh, that's cute, a swan in a Prison.", but that Swan murdered people!

[@RalfSteffens]

On the question of the death penalty at 9:59 : Article 102 of the German constitution reads: "The death penalty is abolished." Fun fact: Some years ago there was a long discussion in Germany about the "final rescue shot". - "May a police officer shoot someone to death who threatens the lives of innocent people?" The question may sound absurd to some US police officers, but perhaps the person concerned could have been arrested alive. Then a death penalty (without a court decision) would not have been necessary.

[@thomasd5]

The death penalty was abolished in Germany after WW II

[@TheGamingCrow]

3:37 I'm not surprised that you compare that cell to a class room in the US (but smaller). Did you know that the architects planing the prisons in the US are the same architects that are planning your schools? That's why in the US schools and prisons have the same basic layout. Me seems, that in the US you're prepared to getting used to prisons from the first day you enter elementary school.

[@therealhumancondition6921]

We do have another law system here in germany then in the US. The idea of a jury is not existing. You actually cannot go to prison without having a clear evidence of acrime. As far as i know you can be pledged guilty by a jury without having clear a evidence in the US and this also brings innocent people into prisons too.

[@germanyhamburger5552]

In the USA people often judge with emotions, here it is strongly separated. It's more about rehabilitation and what's best for the country and it's people. None can decide where human dignity should stop, it's also more relaxed for both sides to work together in prison. Prison here aren't perfect, but they're ok and actually do a good job.

[@TravelElg]

German Basic Law Article 1 [Human dignity - Human rights - Legally binding force of basic rights] (1) Human dignity shall be inviolable. To respect and protect it shall be the duty of all state authority. (2) The German people therefore acknowledge inviolable and inalienable human rights as the basis of every community, of peace and of justice in the world. (3) The following basic rights shall bind the legislature, the executive and the judiciary as directly applicable law. Article 102 [Abolition of capital punishment] Capital punishment is abolished.

[@PopeClemensIIX]

Many prisoners go out in the daytime and go back to prison to sleep there. And nearly none of them try escape, they just come back to prison

[@Andreas_NordNordwest]

very easy to understand. in the USA it's about punishment and revenge (death penalty) in Germany it's about punishment and rehabilitation

[@goaway9977]

My cousin was r@ped in Germany in 2016. She was 17 and he was 24. He is being released later this year. Knowing he spent his time incarcerated in conditions like this is enough to make you vomit. What a joke.

[@velar1s]

If you're interested about the prison system and the idea behind it in comparison to the US system, there is an incredible video here: kzbin.info/www/bejne/raW5Zpisa51kaas. It's a bit longer though, but I really think it is worth it. Mainly one sentence stayed stuck in my head (paraphrased): That in the US, the prison system is mainly about revenge and maybe about making the people outside (the victims) feel better, whereas in Germany the main goal is reintegration. You want people to become better versions of themselves, to not get back in their criminal life as soon as they are out. That's why they have their dignity, psychological help and get to learn jobs and so on in prisons. To become a valueable member of the society, not to get imprisoned again. That's what makes your country safer. And to be honest, being locked up, seperated from your family and having to put a stop on your life is punishment enough. You don't need to lock them up in cells that don't even have a door to close or something to spend your time. And it's also far less expensive for the rest of the people to reintegrate criminals than to have to house and feed them their whole life ;) And one more thing: The stuff in the prison cell, like a TV, has to be worked for. They have to pay for it themselves, and they can only do so by money they earned for in their prison time, not from outside money (e. g. by a rich family). You don't just get it. Edit: Forgot that one: kzbin.info/www/bejne/r4DQlINvqLKqf6c Another, also great and shorter one, that's made by an American who is having a much harder time to understand the German perspective, would probably be great for discussion.

[@EinChris75]

A big point of American prisons seems to be Amendment 13... you know, that involuntary servitude... well the earmark is: "except as a punishment for crime". And, of course, there is no death penalty in Germany. Some German federal states used to have it in their local constitution, but the Grundgesetz prohibits it. Fun fact it was a right wing party bringing it to the table when discussing the new Grundgesetz in 1948. Their intent was to stop executing Nazi criminals (Nuremberg Trials). The social democratic party (SPD) was against it in the first place, but changed their minds soon. Half of the members of the now big conservative party (CDU) voted for keeping death penalty.

[@silverfriend969]

The same as in Switzerland, Austria, France, Denmark, Finnland, Sweden, Norway...

[@Nordeis]

In Hesse a federal state of Germany like Colorado or Texas in the Us there is the Death Penalty still excisting, but because the Death Penalty is not in the federal law of Germany , there is no death penalty. And Hesse needs to take the federal law of Germany and not their own laws. It means that there are no Death Penalties in Germany anymore

[@RasMosi]

Fun fact: 1767200 prisoners - 1300000 lawyers??? both are huge industries and both are frowned apon ... this is not fair ... to the prisoners.

[@ninajager.-.-]

Our (The German) constitution was created after WWII ….so it is relatively new. The US constitution is over 250 years old…times change. And human dignity has a complete other standing now as it was 250 years ago. The us right to own a gun is based on that 250 year old constitution … so it might be that some of the problems with crime and criminals have their roots in a overaging constitution, and the people who are stuck in the swamp of their strange mind carousel that gun ownership is something that means freedom.

[@PhilippHager-dm5yt]

In Germany Prisontime is time you don't have the choice of going where you want, you are imprisoned - its not about humiliating someone for things he has done. If you humiliate Prisoner they will get embittered.

[@ralfsstuff]

America will not change. No matter how much they learn about other countries. Its just this culture of individuality. People don't care as much about others. Even more with prisoners. It feels more about revenge than anything else. You did something bad so we'll make your life hell. Same with Guns. Somehow the "right" of the individual supercedes the safety of the community.

[@Dan-kb2oz]

Shame she didn't go in to any statistics on rehabilitation, getting people into jobs and the level of reoffending etc, shutting down the easy comment that "it's not supposed to be a holiday!".

[@muadib41274]

You already mentioned some reasons for the differences, such as it is more about rehabilitation than punishment. Some „funny“ things for maybe some deeper understandingOf the thoughts behind it. For instance, in the German law system, breaking out of a prison will not get you additional punishment/years on your trial. The law system acknowledges, that freedom is one of the most basic instinct a human is born with and it is just natural that one will try to escape from a situation like prison. So therefore escaping is not a crime, like eating or breathing is none. (If you knock down a Office on your escape you will get charged with mayem though. Or if you break things on your way out die property damage. But not for recalling itself). Another example. The regular improsonment for kidnapping is way below murder. The intention is, to have the kidnappers think twice on killing the victim for not getting cought. The kidnappers have to see alternatives, ways out. If there is no serious difference imprisonment for murder or kidnapping, in a criminals logic getting rid of the whiteness else would seem the best option. So, German law system seem to put the criminals into consideration.

[@MrJudgeSauter1]

The more videos I watch, the more I retrust in the US people. Shows me that there are not only people of these "America first" guys. People like you look at the right and at the left and see, that there is more. Keep on the good work and visit us. You are welcome. - Gereetings - A German.

[@rqn1998]

Hahaha up to 4m 58s and i love the comment! Yeah mate spot on! In oz our homeless have it worse! They deliberately remove sheltered areas, remove bins etc etc...

[@jarrodglover2311]

The death penalty doesn't exist anywhere in Europe except for Belarus (a dictatorship). I know many US states have abolished the death penalty though, its mostly the Southern states still executing people.

[@bertolf162]

Death penalty was cancelled 1952 in Germany. Sorry for my bad english, still learning 🇩🇪🌀🇺🇲

[@Axion2020]

Joel, you think nothing will change? I think the first mistake you Americans make is thinking you are the greatest and best country on this planet. You are not, and unless you change that mindset, nothing will move in the right direction. For a society, always stepping on the spot always ends up in chaos. I hope that you succeed in this about-face, because you are the role model for the western world. And things aren't exactly the best with the West, both morally and humanely.

[@herbertabrell3665]

Dear Joel, I really like watching your videos, not only but also about Germany. I know that many Americans in Germany praise the country in all its glory, so to speak. But don't be fooled. I'm a generation older than you. When I came to Duluth, Minnesota, when I was a gay 18 year old teenager, it was like a release from the German confines. I would never have imagined to meet these people in a high school in such an area. Germany back then was a stuffy, kind of boring country, rules played the biggest role. That has changed, but the limitation of freedom through rules, through ideology, hasn't changed in my perception. Of course there is a lot more immigration today in Germany, back then Americans in Germany were almost exclusively GI's. Of course, Duluth was a pretty boring town by American standards. But I met the friendliest, most open-hearted, dearest people there, all in my age back then. Please don't belittle my memory, I will always remember the USA as a country of my liberation. Life is so much more than health insurance and free universities. Best wishes, Bert

[@embreis2257]

5:03 the likelyhood of judicial errors depend on many factors but the US system has some very big issues baked within which makes it much more probable to become a victim of judicial errors. #1 access to lawyers: if you lack the funds to pay the lawyer of your choice the system provides a lawyer anyway - but there are different ways to secure quality #2 work ethics and rules for the prosecution: if the state prosecutor can get away with intimidation, withholding evidence or going ahead with the indictment despite knowing someone else did it, you are screwed #3 police training and quality: if the police can get away with doctering evidence, intimidate you with false accusations, purposefully mislead you and knowingly make you sign false statements, you are screwed #4 court proceedings: district attorneys who seek re-election and live on the number of successful convictions may consider sending people to prison more important than actually finding the truth and helping justice prevail #5 the nature of jail sentences: if revenge is the most important consideration or putting people away for as long as possible then re-socialisation probably is low on the agenda #6 who runs prisons: if prisons are run not only by the federal or state governments but sourced out to private contractors who want to make a profit then the inmates are screwed by default