French Criminal Justice

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Juries and the Transformation of Criminal Justice in France in the Nineteenth and Twentieth Centuries

Author : James M. Donovan
Publisher : Univ of North Carolina Press
ISBN 13 : 0807895776
Total Pages : 273 pages
Book Rating : 4.8/5 (78 download)

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Book Synopsis Juries and the Transformation of Criminal Justice in France in the Nineteenth and Twentieth Centuries by : James M. Donovan

Download or read book Juries and the Transformation of Criminal Justice in France in the Nineteenth and Twentieth Centuries written by James M. Donovan and published by Univ of North Carolina Press. This book was released on 2010-02-01 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: James Donovan takes a comprehensive approach to the history of the jury in modern France by investigating the legal, political, sociocultural, and intellectual aspects of jury trial from the Revolution through the twentieth century. He demonstrates that these juries, through their decisions, helped shape reform of the nation's criminal justice system. From their introduction in 1791 as an expression of the sovereignty of the people through the early 1900s, argues Donovan, juries often acted against the wishes of the political and judicial authorities, despite repeated governmental attempts to manipulate their composition. High acquittal rates for both political and nonpolitical crimes were in part due to juror resistance to the harsh and rigid punishments imposed by the Napoleonic Penal Code, Donovan explains. In response, legislators gradually enacted laws to lower penalties for certain crimes and to give jurors legal means to offer nuanced verdicts and to ameliorate punishments. Faced with persistently high acquittal rates, however, governments eventually took powers away from juries by withdrawing many cases from their purview and ultimately destroying the panels' independence in 1941.

French Criminal Law

Author : Catherine Elliott
Publisher : Routledge
ISBN 13 : 1135993076
Total Pages : 255 pages
Book Rating : 4.1/5 (359 download)

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Book Synopsis French Criminal Law by : Catherine Elliott

Download or read book French Criminal Law written by Catherine Elliott and published by Routledge. This book was released on 2001-05 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a clear and accessible account and analysis of French criminal law in English, the first to have been written. French criminal law has been highly influential in the development of criminal law in civil law countries around the world, and a knowledge of French criminal law has become increasingly important in view of the internationalisation and Europeanisation of criminal law. The book provides a historical introduction to the development of French criminal law, and a chapter on French criminal procedure to provide the context for an understanding of substantive criminal law. Subsequent chapters cover the general principles of French criminal law, analysing actus reus, mens rea, parties to crime, inchoate offences and general defences. The major offences are then considered chapter by chapter, and an Appendix provides in both French and English the key provisions of the French Criminal Code.

French Criminal Justice

Author : Jacqueline Hodgson
Publisher : Bloomsbury Publishing
ISBN 13 : 1847310699
Total Pages : 300 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis French Criminal Justice by : Jacqueline Hodgson

Download or read book French Criminal Justice written by Jacqueline Hodgson and published by Bloomsbury Publishing. This book was released on 2005-11-08 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Basing much of its analysis upon the first systematic empirical study of the French pre-trial process, this monograph breaks new ground in the field of comparative criminal justice. Moving away from idealised accounts of judicially supervised investigations, it provides a better understanding of the ways in which an inquisitorially rooted criminal process operates in practice and the factors that influence and constrain its development and functioning. The structure and operation of French criminal justice is set within a broad range of contexts of political, occupational and legal cultures from the French Republican tradition of state-centred models of authority, across the growing influence of the ECHR, to the local conditions which determine the ways in which individual discretion is exercised. The French model of investigative supervision and accountability is contrasted with more adversarial procedures and in particular, the different ways in which the reliability of evidence is guaranteed and the interests of the accused protected. Systematic observation of the daily working practices of police, gendarmes, prosecutors and juges dinstruction across a number of sites and time periods, provides a unique and detailed account of the ways in which the French criminal process operates in practice. The understandings and insights generated from this data are then set within a wider legal and political analysis, which considers issues such as the influence and interference of the State within matters of justice; a comparative analysis of the judicial and defence functions; and the extent to which ECHR fair trial guarantees are able to produce legal and ideological change within a process which depends upon a central and judicially supervised investigating authority. An informed knowledge of other European criminal procedures is increasingly essential for those working within UK (as well as comparative) criminal justice, if there is to be a proper engagement with, and evaluation of, measures such as the EUs proposed Council Framework Decision on Certain Procedural Rights in Criminal Proceedings throughout the European Union, as well as recent legislative reform in England and Wales that seeks to adjust the pre-trial roles of police and prosecutor in significant ways. This book will be essential reading for teachers, researchers, students and policy-makers working in the areas of criminal justice in the UK and across Europe, in comparative criminal justice/criminology, as well as in French and European studies.

The French Code of Criminal Procedure

Author : France
Publisher : Fred B. Rothman
ISBN 13 :
Total Pages : 408 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The French Code of Criminal Procedure by : France

Download or read book The French Code of Criminal Procedure written by France and published by Fred B. Rothman. This book was released on 1988 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume supersedes Volume 7 of the series.

Mettray

Author : Stephen A. Toth
Publisher : Cornell University Press
ISBN 13 : 1501740377
Total Pages : 203 pages
Book Rating : 4.5/5 (17 download)

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Book Synopsis Mettray by : Stephen A. Toth

Download or read book Mettray written by Stephen A. Toth and published by Cornell University Press. This book was released on 2019-11-15 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Mettray Penal Colony was a private reformatory without walls, established in France in 1840 for the rehabilitation of young male delinquents. Foucault linked its opening to the most significant change in the modern status of prisons and now, at last, Stephen Toth takes us behind the gates to show how the institution legitimized France's repression of criminal youth and added a unique layer to the nation's carceral system. Drawing on insights from sociology, criminology, critical theory, and social history, Stephen Toth dissects Mettray's social anatomy, exploring inmates' experiences. More than 17,000 young men passed through the reformatory before its closure, and Toth situates their struggles within changing conceptions of childhood and adolescence in modern France. Mettray demonstrates that the colony was an ill-conceived project marked by internal contradictions. Its social order was one of subjection and subversion, as officials struggled for order and inmates struggled for autonomy. Toth's formidable archival work exposes the nature of the relationships between, and among, prisoners and administrators. He explores the daily grind of existence: living conditions, discipline, labor, sex, and violence. Thus, he gives voice to the incarcerated, not simply to the incarcerators, whose ideas and agendas tend to dominate the historical record. Mettray is, above all else, a deeply personal illumination of life inside France's most venerated carceral institution.

The Development of the Criminal Law of Evidence in the Netherlands, France and Germany between 1750 and 1870

Author : Ronnie Bloemberg
Publisher : BRILL
ISBN 13 : 9004415025
Total Pages : 554 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis The Development of the Criminal Law of Evidence in the Netherlands, France and Germany between 1750 and 1870 by : Ronnie Bloemberg

Download or read book The Development of the Criminal Law of Evidence in the Netherlands, France and Germany between 1750 and 1870 written by Ronnie Bloemberg and published by BRILL. This book was released on 2020-05-25 with total page 554 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book describes and explains how the so-called system of legal proofs, which consisted of a strict set of evidentiary rules, was replaced with the free evaluation of the evidence in France, Germany and the Netherlands between 1750 and 1870.

Policing in France

Author : Jacques de Maillard
Publisher : Routledge
ISBN 13 : 0429648863
Total Pages : 303 pages
Book Rating : 4.4/5 (296 download)

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Book Synopsis Policing in France by : Jacques de Maillard

Download or read book Policing in France written by Jacques de Maillard and published by Routledge. This book was released on 2020-08-02 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: The eminent contributors to a new collection, Policing in France, provide an updated and realistic picture of how the French police system really works in the 21st century. In most international comparisons, France typifies the "Napoleonic" model for policing, one featuring administrative and political centralization, a strong hierarchical structure, distance from local communities, and a high priority on political policing. France has undergone a process of pluralization in the last 30 years. French administrative and political decentralization has reemphasized the role of local authorities in public security policies; the private security industry has grown significantly; and new kinds of governing models (based on arrangements such as contracts for service provision) have emerged. In addition, during this period, police organizations have been driven toward central government control through the imposition of performance indicators, and a top-down decision was made to integrate the national gendarmerie into the Ministry of Interior. The book addresses how police legitimacy differs across socioeconomic, generational, territorial, and ethnic lines. An analysis of the policing of banlieues (deprived neighborhoods) illustrates the convergence of contradictory police goals, police violence, the concentration of poverty, and entrenched opposition to the states’ representatives, and questions policing strategies such as the use of identity checks. The collection also frames the scope of community policing initiatives required to deal with the public’s security needs and delves into the security challenges presented by terrorist threats and the nuances of the relationship between policing and intelligence agencies. Identifying and explaining the diverse challenges facing French police organizations and how they have been responding to them, this book draws upon a flourishing French-language literature in history, sociology, political science, and law to produce this new English-language synthesis on policing in France. This book is a valuable resource for researchers and practitioners working in and around French policing, as well as students of international law enforcement.

Murder, Justice, and Harmony in an Eighteenth-Century French Village

Author : Nancy Locklin
Publisher : Routledge
ISBN 13 : 1000699757
Total Pages : 199 pages
Book Rating : 4.0/5 (6 download)

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Book Synopsis Murder, Justice, and Harmony in an Eighteenth-Century French Village by : Nancy Locklin

Download or read book Murder, Justice, and Harmony in an Eighteenth-Century French Village written by Nancy Locklin and published by Routledge. This book was released on 2019-10-08 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1718, a young woman named Moricette Nayl fought with her brother’s mother-in-law and accidentally killed her. Ruled a homicide, the incident set in motion an investigation, a trial, Moricette's flight from justice, an execution in effigy and, ultimately, the pardon of the killer and her reintegration into the community. Based on the detailed records of the court dossier, this microhistory reveals the social networks of a small town, the history of interpersonal violence, the complex criminal justice system at work, and the power of restoring harmony after a tragedy of this magnitude. An enduring mystery is the reluctance of those closest to the crime to participate in the legal process. An explanation for their silence sheds light on the turmoil of the criminal justice system in France in the decades leading up to the French Revolution. Neither independent feudal lords nor an elite tamed by an Absolutist king, the gentlemen overseeing justice in this place maintained a delicate balance between their personal power and the rule of law. The incident and its aftermath also reveal the bonds that make community possible, even in the face of senseless violence.

Juries, Lay Judges, and Mixed Courts

Author : Sanja Kutnjak Ivković
Publisher : Cambridge University Press
ISBN 13 : 110892297X
Total Pages : 380 pages
Book Rating : 4.1/5 (89 download)

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Book Synopsis Juries, Lay Judges, and Mixed Courts by : Sanja Kutnjak Ivković

Download or read book Juries, Lay Judges, and Mixed Courts written by Sanja Kutnjak Ivković and published by Cambridge University Press. This book was released on 2021-07-29 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although most countries around the world use professional judges, they also rely on lay citizens, untrained in the law, to decide criminal cases. The participation of lay citizens helps to incorporate community perspectives into legal outcomes and to provide greater legitimacy for the legal system and its verdicts. This book offers a comprehensive and comparative picture of how nations use lay people in legal decision-making. It provides a much-needed, in-depth analysis of the different approaches to citizen participation and considers why some countries' use of lay participation is long-standing whereas other countries alter or abandon their efforts. This book examines the many ways in which countries around the world embrace, reject, or reform the way in which they use ordinary citizens in legal decision-making.

Anatomy of a French Murder Case

Author : Bron McKillop
Publisher : Hawkins Press
ISBN 13 : 9781876067069
Total Pages : 116 pages
Book Rating : 4.0/5 (67 download)

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Book Synopsis Anatomy of a French Murder Case by : Bron McKillop

Download or read book Anatomy of a French Murder Case written by Bron McKillop and published by Hawkins Press. This book was released on 1997 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides a first hand account of the processing of a murder case through the French criminal justice system from the initial police investigation through to the compilation of the dossier, the hearing and the appeal, and the press coverage of the case. The study provides an effective comparison between 'adversarial' and 'inquisitorial' processes and will be valuable for anyone with an interest in comparative law, criminal process and legal systems.

French Legal System

Author : Catherine Elliott
Publisher : Longman Publishing Group
ISBN 13 :
Total Pages : 294 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis French Legal System by : Catherine Elliott

Download or read book French Legal System written by Catherine Elliott and published by Longman Publishing Group. This book was released on 2000 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text provides a basic introduction to the French legal system, covering all aspects. It explains the sources of French law, the structure of its courts and legal professions, and all other aspects of the legal process.

The Western Codification of Criminal Law

Author : Aniceto Masferrer
Publisher : Springer
ISBN 13 : 3319719122
Total Pages : 427 pages
Book Rating : 4.3/5 (197 download)

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Book Synopsis The Western Codification of Criminal Law by : Aniceto Masferrer

Download or read book The Western Codification of Criminal Law written by Aniceto Masferrer and published by Springer. This book was released on 2018-03-09 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume addresses an important historiographical gap by assessing the respective contributions of tradition and foreign influences to the 19th century codification of criminal law. More specifically, it focuses on the extent of French influence – among others – in European and American civil law jurisdictions. In this regard, the book seeks to dispel a number of myths concerning the French model’s actual influence on European and Latin American criminal codes. The impact of the Napoleonic criminal code on other jurisdictions was real, but the scope and extent of its influence were significantly less than has sometimes been claimed. The overemphasis on French influence on other civil law jurisdictions is partly due to a fundamental assumption that modern criminal codes constituted a break with the past. The question as to whether they truly broke with the past or were merely a degree of reform touches on a difficult issue, namely, the dichotomy between tradition and foreign influences in the codification of criminal law. Scholarship has unfairly ignored this important subject, an oversight that this book remedies.

Crime and Criminal Justice in Modern Germany

Author : Richard F. Wetzell
Publisher : Berghahn Books
ISBN 13 : 178238247X
Total Pages : 368 pages
Book Rating : 4.7/5 (823 download)

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Book Synopsis Crime and Criminal Justice in Modern Germany by : Richard F. Wetzell

Download or read book Crime and Criminal Justice in Modern Germany written by Richard F. Wetzell and published by Berghahn Books. This book was released on 2014-05-01 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: The history of criminal justice in modern Germany has become a vibrant field of research, as demonstrated in this volume. Following an introductory survey, the twelve chapters examine major topics in the history of crime and criminal justice from Imperial Germany, through the Weimar and Nazi eras, to the early postwar years. These topics include case studies of criminal trials, the development of juvenile justice, and the efforts to reform the penal code, criminal procedure, and the prison system. The collection also reveals that the history of criminal justice has much to contribute to other areas of historical inquiry: it explores the changing relationship of criminal justice to psychiatry and social welfare, analyzes representations of crime and criminal justice in the media and literature, and uses the lens of criminal justice to illuminate German social history, gender history, and the history of sexuality.

Law, Magistracy, and Crime in Old Regime Paris, 1735-1789: Volume 1, The System of Criminal Justice

Author : Richard Mowery Andrews
Publisher : Cambridge University Press
ISBN 13 : 9780521361699
Total Pages : 642 pages
Book Rating : 4.3/5 (616 download)

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Book Synopsis Law, Magistracy, and Crime in Old Regime Paris, 1735-1789: Volume 1, The System of Criminal Justice by : Richard Mowery Andrews

Download or read book Law, Magistracy, and Crime in Old Regime Paris, 1735-1789: Volume 1, The System of Criminal Justice written by Richard Mowery Andrews and published by Cambridge University Press. This book was released on 1994-04-29 with total page 642 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first of two volumes centred around the two great courts of eighteenth-century Paris.

French Criminal Law

Author : Catherine Elliott
Publisher : Routledge
ISBN 13 : 1135993149
Total Pages : 288 pages
Book Rating : 4.1/5 (359 download)

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Book Synopsis French Criminal Law by : Catherine Elliott

Download or read book French Criminal Law written by Catherine Elliott and published by Routledge. This book was released on 2001-05-01 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a clear and accessible account and analysis of French criminal law in English, the first to have been written. French criminal law has been highly influential in the development of criminal law in civil law countries around the world, and a knowledge of French criminal law has become increasingly important in view of the internationalisation and Europeanisation of criminal law. The book provides a historical introduction to the development of French criminal law, and a chapter on French criminal procedure to provide the context for an understanding of substantive criminal law. Subsequent chapters cover the general principles of French criminal law, analysing actus reus, mens rea, parties to crime, inchoate offences and general defences. The major offences are then considered chapter by chapter, and an Appendix provides in both French and English the key provisions of the French Criminal Code.

Coping with Overloaded Criminal Justice Systems

Author : Jörg-Martin Jehle
Publisher : Springer Science & Business Media
ISBN 13 : 3540339639
Total Pages : 334 pages
Book Rating : 4.5/5 (43 download)

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Book Synopsis Coping with Overloaded Criminal Justice Systems by : Jörg-Martin Jehle

Download or read book Coping with Overloaded Criminal Justice Systems written by Jörg-Martin Jehle and published by Springer Science & Business Media. This book was released on 2006-11-22 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book describes the results of a six-nation study of how criminal justice agencies in England and Wales, France, Germany, Netherlands, Poland, and Sweden have reacted to high crime rates and punitiveness. The book details how various solutions have been adopted, involving diversion of cases from courts, increases in financial penalties imposed by police or prosecutors without full court hearings and the introduction in some countries of "administrative offences".

The Collapse of American Criminal Justice

Author : William J. Stuntz
Publisher : Harvard University Press
ISBN 13 : 0674051750
Total Pages : 425 pages
Book Rating : 4.6/5 (74 download)

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Book Synopsis The Collapse of American Criminal Justice by : William J. Stuntz

Download or read book The Collapse of American Criminal Justice written by William J. Stuntz and published by Harvard University Press. This book was released on 2011-09-30 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rule of law has vanished in America’s criminal justice system. Prosecutors decide whom to punish; most accused never face a jury; policing is inconsistent; plea bargaining is rampant; and draconian sentencing fills prisons with mostly minority defendants. A leading criminal law scholar looks to history for the roots of these problems—and solutions.