
Juries and the Transformation of Criminal Justice in France in the Nineteenth and Twentieth Centuries.
Title:
Juries and the Transformation of Criminal Justice in France in the Nineteenth and Twentieth Centuries.
Author:
Donovan, James M.
ISBN:
9780807895771
Personal Author:
Edition:
1st ed.
Physical Description:
1 online resource (273 pages)
Series:
Studies in Legal History
Contents:
Contents -- Acknowledgments -- Introduction -- Chapter One: THE "PALLADIUM OF LIBERTY": Juries, the Revolution, and Napoleon, 1791-1814 -- Chapter Two: THE "JURYS CENSITAIRES," 1815-1848 -- Chapter Three: THE GREAT TURNING POINT: The Juries of the Second Republic and Second Empire, 1848-1870 -- Chapter Four: THE JURIES OF THE REPUBLIC, 1870-1914 -- Chapter Five: THE CAMPAIGN AGAINST THE JURIES, CIRCA 1890-1914 -- Chapter Six: THE TRIUMPH OF EXPERTS OVER JURORS: Justice in France since World War I -- Conclusion -- Notes -- Bibliography -- Index -- A -- B -- C -- D -- E -- F -- G -- H -- I -- J -- K -- L -- M -- N -- O -- P -- R -- S -- T -- U -- V -- W -- Y -- Z.
Abstract:
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.
Local Note:
Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2017. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries.
Genre:
Electronic Access:
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