I think one of the most important differences is that german penalties are lower[1]. Here, defendants don't face 30 years in prison. The max sentence is life sentence and even that often means 15+ years in practice, except for harsh cases or dangerous criminals.
Another point is that the costs for the defendant are lower. Watching high profile cases in the USA I have a feeling that one common point is that the prosecution does everything to bankrupt the defendant so that he has to agree to a plea bargain. In germany, the defendants costs get paid by the state if the defendant is unable to pay his lawyers. Not all lawyers would take such an engagement, but it's not uncommon that even high-profile lawyers defend people who couldn't afford them at market rate.
> Still, it is the length of sentences that truly distinguishes American prison policy. Indeed, the mere number of sentences imposed here would not place the United States at the top of the incarceration lists. If lists were compiled based on annual admissions to prison per capita, several European countries would outpace the United States. But American prison stays are much longer, so the total incarceration rate is higher.
Thanks for that link. The article offers another interesting insight:
> Several specialists here and abroad pointed to a surprising explanation for the high incarceration rate in the United States: democracy.
> Most state court judges and prosecutors in the United States are elected and are therefore sensitive to a public that is, according to opinion polls, generally in favor of tough crime policies. In the rest of the world, criminal justice professionals tend to be civil servants who are insulated from popular demands for tough sentencing.
German judges and prosecutors are not elected but appointed. They're not as prone to political pressure and thus more likely to end up making unpopular decisions. The Metzler/Gäfgen [1] case is such an example: The convicted child murderer won a trial against the state because he was threatened with torture during the investigation. The decision was hugely unpopular.
Another point is that the costs for the defendant are lower. Watching high profile cases in the USA I have a feeling that one common point is that the prosecution does everything to bankrupt the defendant so that he has to agree to a plea bargain. In germany, the defendants costs get paid by the state if the defendant is unable to pay his lawyers. Not all lawyers would take such an engagement, but it's not uncommon that even high-profile lawyers defend people who couldn't afford them at market rate.
[1] one might argue that they're more reasonable.