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

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
Total Pages: 273
Release: 2010-02-01
Genre: Law
ISBN: 0807895776

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.

Recueil Des Cours, Collected Courses, 1975

Recueil Des Cours, Collected Courses, 1975
Author:
Publisher: Martinus Nijhoff Publishers
Total Pages: 414
Release: 1976-07-28
Genre: Law
ISBN: 9789028604360

The Academy is a prestigious international institution for the study and teaching of Public and Private International Law and related subjects. The work of the Hague Academy receives the support and recognition of the UN. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the Hague Academy of International Law .