French Criminal Justice

Author : Catherine Elliott
Publisher : Routledge
Page : 255 pages
File Size : 44,6 Mb
Release : 2001-05
Category : Law
ISBN : 9781135993078

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French Criminal Law by Catherine Elliott Pdf

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.

Author : Jacqueline Hodgson
Publisher : Bloomsbury Publishing
Page : 300 pages
File Size : 49,8 Mb
Release : 2005-11-08
Category : Law
ISBN : 9781847310699

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French Criminal Justice by Jacqueline Hodgson Pdf

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.

Author : James M. Donovan
Publisher : Univ of North Carolina Press
Page : 273 pages
File Size : 51,7 Mb
Release : 2010-02-01
Category : Law
ISBN : 9780807895771

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

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.

Author : Bron McKillop
Publisher : Hawkins Press
Page : 116 pages
File Size : 55,7 Mb
Release : 1997
Category : Criminal investigation
ISBN : 1876067063

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Anatomy of a French Murder Case by Bron McKillop Pdf

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.

Author : France
Publisher : Fred B. Rothman
Page : 408 pages
File Size : 41,9 Mb
Release : 1988
Category : Law
ISBN : STANFORD:36105043993018

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The French Code of Criminal Procedure by France Pdf

This volume supersedes Volume 7 of the series.

Author : E. Picard,G. Bermann
Publisher : Kluwer Law International B.V.
Page : 527 pages
File Size : 51,5 Mb
Release : 2008-03-18
Category : Law
ISBN : 9789041142047

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Introduction to French Law by E. Picard,G. Bermann Pdf

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

Author : Stephen A. Toth
Publisher : Cornell University Press
Page : 280 pages
File Size : 42,7 Mb
Release : 2019-11-15
Category : History
ISBN : 9781501740190

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Mettray by Stephen A. Toth Pdf

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.

Author : Jacques de Maillard,Wesley G. Skogan
Publisher : Routledge
Page : 303 pages
File Size : 40,5 Mb
Release : 2020-08-02
Category : Law
ISBN : 9780429648861

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Policing in France by Jacques de Maillard,Wesley G. Skogan Pdf

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.

Author : Richard Vogler
Publisher : Unknown
Page : 212 pages
File Size : 54,7 Mb
Release : 1989
Category : Law
ISBN : STANFORD:36105043521132

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France by Richard Vogler Pdf

Author : Ronnie Bloemberg
Publisher : BRILL
Page : 554 pages
File Size : 46,9 Mb
Release : 2020-05-25
Category : Law
ISBN : 9789004415027

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

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.

Author : Louis Knafla
Publisher : Wilfrid Laurier Univ. Press
Page : 350 pages
File Size : 42,8 Mb
Release : 2006-01-01
Category : Law
ISBN : 9781554581573

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Crime and Criminal Justice in Europe and Canada by Louis Knafla Pdf

How is modern-day thinking about crime different from that of previous centuries? What are the similarities and differences in attitudes and systems between the civil and common law societies of Europe and North America? These and other questions were addressed at an international conference on crime and criminal justice at The University of Calgary attended by historians, professors of law, judges, and criminologists. The essays in Part I consider the evolution of criminal law doctrine, and those in Part II analyse the theory and measurement of crime in the past and at present. Parts III and IV examine the courts and prosecution, and Part V assesses the historical roots of the insanity defence and the theory and practice of punishment. The volume will be of interest, across national boundaries, to historians, sociologists, social workers, lawyers, and persons involved in the administration of justice as well as the general reader concerned about civil rights, social values, and justice. The eighteen contributors include F.H. Baker, J.M. Beattie, W.A. Calder, T.C. Curtis, D. Hay, H. Diederiks, A. Lachance, His Honour W.G. Morrow, A. Soman, and S. Verdun-Jones.

Author : Catherine Elliott,Catherine Vernon
Publisher : Longman Publishing Group
Page : 294 pages
File Size : 43,6 Mb
Release : 2000
Category : Law
ISBN : STANFORD:36105110849150

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French Legal System by Catherine Elliott,Catherine Vernon Pdf

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.

Author : Nancy Locklin
Publisher : Routledge
Page : 199 pages
File Size : 43,7 Mb
Release : 2019-10-08
Category : History
ISBN : 9781000699753

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Murder, Justice, and Harmony in an Eighteenth-Century French Village by Nancy Locklin Pdf

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.

Author : H. B. Irving
Publisher : Forgotten Books
Page : 370 pages
File Size : 53,7 Mb
Release : 2015-06-05
Category : Social Science
ISBN : 133003547X

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Studies of French Criminals of the Nineteenth Century by H. B. Irving Pdf

Excerpt from Studies of French Criminals of the Nineteenth Century "The annals of criminal jurisprudence," wrote Edmund Burke, "exhibit human nature in a variety of positions, at once the most striking, interesting, and affecting. They present tragedies of real life, often heightened in their effect by the grossness of the injustice, and the malignity of the prejudices which accompanied them. At the same time, real culprits, as original characters, stand forward on the canvas of humanity as prominent objects for our special study." The last sentence in this passage applies directly to the cases set out in this volume, which have been selected from the French criminal records of the nineteenth century. They are studies of real culprits, whose guilt is, in all but one instance, beyond the suspicion of a doubt. As studies of character, and as examples of the administration of criminal justice in France, they may be of some interest or value to those who look to the human document for specimens of human character as it actually is, or for suggestions on which to build some work of fiction. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

Author : Richard Mowery Andrews
Publisher : Cambridge University Press
Page : 642 pages
File Size : 44,7 Mb
Release : 1994-04-29
Category : History
ISBN : 0521361699

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

The first of two volumes centred around the two great courts of eighteenth-century Paris.