Germany today has one of the lowest incarceration rates in the
industrialized world, and social welfare principles play an
essential role at all levels of the German criminal justice system.
Warren Rosenblum examines the roots of this social approach to
criminal policy in the reform movements of the Wilhelmine and
Weimar periods, when reformers strove to replace state institutions
of control and incarceration with private institutions of
protective supervision.
Reformers believed that private charities and volunteers could
diagnose and treat social pathologies in a way that coercive state
institutions could not. The expansion of welfare for criminals set
the stage for a more economical system of punishment, Rosenblum
argues, but it also opened the door to new, more expansive controls
over individuals marked as "asocial." With the reformers' success,
the issue of who had power over welfare became increasingly
controversial and dangerous. Other historians have suggested that
the triumph of eugenics in the 1890s was predicated upon the
abandonment of liberal and Christian assumptions about human
malleability. Rosenblum demonstrates, however, that the turn to
"criminal biology" was not a reaction against social reform, but
rather an effort to rescue its legitimacy.