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.
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.
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 is the first book to provide a clear and accessible account and analysis of French criminal law in English. French criminal law has been highly influential in the development of criminal law in civil law countries around the world, and this book provides a comprehensive introduction to this important area.
Download or read book Introduction to French Law written by E. Picard and published by Kluwer Law International B.V.. This book was released on 2008-03-18 with total page 527 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction to French Law is a very practical book that makes clear sense out of the complex results of the complex bodies of law that govern the most important fields of law and legal practice in France today. Seventeen chapters, each written by a distinguished French legal scholar, cover the following field in substantive and procedural detail, with lucid explanations of French law in the fields such as Constitutional Law , European Union Law, Administrative Law, Criminal Law , Property Law , Intellectual Property Law , Contract Law , Tort Liability, Family Law, Inheritance Law , Civil Procedure, Company Law, Competition Law , Labour Law , Tax Law and. Private International Law
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.
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.
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.
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.
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.
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.
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.
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.
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.
Download or read book Corporate Criminal Liability written by Mark Pieth and published by Springer Science & Business Media. This book was released on 2011-04-20 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: With industrialization and globalization, corporations acquired the capacity to influence social life for good or for ill. Yet, corporations are not traditional objects of criminal law. Justified by notions of personal moral guilt, criminal norms have been judged inapplicable to fictional persons, who ‘think’ and ‘act’ through human beings. The expansion of new corporate criminal liability (CCL) laws since the mid-1990s challenges this assumption. Our volume surveys current practice on CCL in 15 civil and common law jurisdictions, exploring the legal conditions for liability, the principles and options for sanctioning, and the procedures for investigating, charging and trying corporate offenders. It considers whether municipal CCL laws are converging around the notion of ‘corporate culture’, and, in any case, the implications of CCL for those charged with keeping corporations, and other legal entities, out of trouble.
Download or read book The French Legal System written by René David and published by . This book was released on 1958 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
