Suspects, Defendants and Victims in the French Criminal Process: The Context of Recent Reform
TLDR
The Loi of 15 June 2000 as discussed by the authors has been adopted by the French Parliament to strengthen the rights of the accused and the safeguards designed to ensure her proper treatment at all stages of the criminal process.Abstract:
The recent reform adopted by the French Parliament, the Loi of 15 June 2000, touches upon a wide range of matters from investigation and detention through to trial and appeal, all within a project designed to ‘reinforce the presumption of innocence and the rights of victims’.1 It is part of a broader reform package which originally included strengthening the independence of the procureur2 from the hierarchical control of the Minister of Justice and changing the way in which magistrats3 are selected,4 together with the measures already enacted in June of 1999 to simplify and clarify aspects of criminal procedure and to reduce delay.5 A large part of the June 2000 reform seeks to strengthen the rights of the accused and the safeguards designed to ensure her proper treatment at all stages of the criminal process. Such rhetoric and aspirations stand in contrast to the Home Office and government discourse to which we have become accustomed on this side of the Channel, a discourse dominated by macho language expressing a desire to ‘get tough’ and ‘crackdown’ on crime and presumed criminals.6 Against the backdrop of almost mandatory defence disclosure and the curtailment of the right to silence in this jurisdiction, provisions which strengthen the rights of the accused and provide her with more information about the case against her together with greater opportunities to influence the pre-trial investigation, will make English criminal justice scholars nostalgic for a time when the rights of the accused were seen as something other than ‘a criminal's charter’.read more
Citations
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Vulnerable and Intimidated Witnesses and the Adversarial Process in England and Wales
TL;DR: In this article, the authors present findings from recent Home Office-funded empirical research into the implementation of special measures for vulnerable and intimidated witnesses by the criminal justice agencies in England and Wales.
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The Republican ideal?: National minorities and the criminal justice system in contemporary France
TL;DR: The authors conducted a study on the social and political context in which crime control strategies are developed in the French criminal justice system and found that the formal orientation toward crime control is more than simply a function of crime itself.
Journal ArticleDOI
The detention and interrogation of suspects in police custody in France : a comparative account
TL;DR: The authors examines the regulation of the detention and interrogation of suspects held in police custody in France and examines the ways in which the rights and inter-interrogation of suspects are violated.
Dissertation
The defence lawyer in the modern era
TL;DR: In the adversarial legal system, the criminal defence lawyer is a fundamental cornerstone as discussed by the authors, and the role of the criminal defense lawyer is to advance the best interest of the client.
References
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Journal ArticleDOI
European Legal Systems are not Converging
TL;DR: The European Community's early decision to promote economic integration through harmonisation or unification has involved, at both Community and national levels (for the implementation of Community rules in the member States carries the adoption of national rules in all member States), a process of relentless "juridification"; law, in the guise of legislatively or judicially enacted rules, has assumed the role of a steering medium as mentioned in this paper.
Book
The case for the prosecution
TL;DR: The criminal justice in England and Wales is discussed in detail in this article, where the author describes the criminal justice process in the UK and the problems of law reform, acquittals and convictions.
Book ChapterDOI
Comparing Legal Cultures
TL;DR: In this article, the authors cross-examine mainstream approaches to studying legal culture (e.g., those of Friedman and Blankenburg), including debates over the concept of legal culture and a variety of case studies of different legal cultures.
Book
Standing Accused: The Organization and Practices of Criminal Defence Lawyers in Britain
TL;DR: Defence solicitors in criminal cases -an introduction organization and characteristics of criminal firms the culture of criminal defence pre-interrogation advice advisors at interrogation at the office -getting the client's story the solicitor at court -client management and bail hearings the solicitor in court - plea and mitigation contested trials in Magistrates' Courts solicitors, barristers and the Crown Court as mentioned in this paper.