Use criminal defense attorney psychology

Book review: Gerhard Jungfer: »Criminal Defense - Approaching a Profession» *
Lit Verlag, 1st edition 2016, 250 pages, hardback, EUR 29.90, ISBN 978-3-643-13480-6

by Prof. Dr. Jan Bockemühl, lawyer and specialist lawyer for criminal law, Regensburg

* The review first appeared in Berliner Anwaltsblatt 2016, issue 11.

Let me anticipate the result: Gerhard Jungfers »Criminal Defense - Approaching a Profession« has to be read! Even more: it should be compulsory reading for every colleague working in the field of criminal defense!

"Criminal defense lives from the love of freedom". Gerhard Jungfer puts this sentence at the beginning of his book and "promises" that the "spirit of these words" will be found in many parts of the book (introduction).

But first things first: Before Jungfer “receives the word”, the book published in the series “Legal History and Legal Events” published by Thomas Vormbaum is followed by a very personal foreword by Thomas Röth and of three prefaces from Marcus Mollnau, Martin Rubbert and Ingo Müller introduced very appropriately.

The book is divided into four chapters history (I.), the Criminal Defense Psychology (II.) And Basic questions (III.) Gerhard Jungfer closes with a chapter thoughtfulness (IV.).

The chapter on history begins with the exciting question of whether there is a “new type of criminal defense attorney”. Here Jungfer contrasts the image of the defense attorney in the Weimar Republic with the image of the defense attorney in the Federal Republic and sums up that a “new type of defense attorney” cannot be identified, but rather a “renaissance of criminal defense”.

Of particular - historical - interest are Jungfer's remarks on difficult convergence of traditional association policy with "new" criminal defense. Jungfer sheds light on the origins and development of the various criminal defense organizations that have emerged since 1977, and their relationships with one another. The association's political motives are impressively demonstrated.

The advantages and the justified “pride” in the achievements of the reformed criminal process are discussed in the third historical subchapter based on an appeal to the Lecture (...) by Liszt's to the Berlin Lawyers' Association on the topic of "The position of the defense in criminal matters - then and now the importance" worked out.

Rightly points Röth in his foreword that this part is one of the highlights in the book, as it is about the "heart of criminal defense."

Jungfer then presents the who's who of defense lawyers in the Weimar Republic. The arch spans from here Martin Drucker, Max Alsberg, Alfred apple, Rudolf Dix, Arthur Brandt, Paul Reiwald, Robert Kempner to Hans Litten. The high degree of professionalism, the tactical refinements and the need for active defense (own investigations, self-summons) reveal the role model character of these criminal defense lawyers.

In the chapter Criminal Defense Psychology Gerhard Jungfer turns to some basic problems of criminal defense. The defense of a “guilty” accused is made possible by the play “Conflict” by Max Alsberg shown.

The explanations are highly topical and definitely worth reading On the psychology of comparison in criminal proceedings. Jungfer sharply analyzes the different types of defense counsel and the constellative factors in criminal proceedings and the importance of these for understanding in criminal proceedings. It ends with the reminder (p. 182):

Let us cultivate our knowledge of criminal procedural law, our love of procedural law and the Reformed Criminal Procedure. Let's keep the lion's soft fur without forgetting that it has claws in its velvet paws. And let's use this.
Because it's like the mind: what you don't use, you lose.

In the chapter Basic questions Jungfer deals with the relationship between criminal defense and legal culture and dares in his contribution Back to Form. 50 Years of Post-War Advocacy takes a historical look at the development of criminal procedural law in the Federal Republic of Germany.

In the “last act” becomes a maiden pensive and uses the Farewell to the 5th (Berlin) criminal senate of the BGH to comment on the dubious developments in revision law.

A sizeable collection of posts; an unreservedly readable book!