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.
[1] http://en.wikipedia.org/wiki/Magnus_G%C3%A4fgen