NCJ Number
45570
Journal
Corrections Magazine Volume: 4 Issue: 1 Dated: (MARCH 1978) Pages: 39-45,65
Date Published
1978
Length
8 pages
Annotation
THE ROLE OF FRENCH SENTENCE JUDGES IS CRITICALLY EXAMINED, AND THEIR DISCRETIONARY POWERS AND THE CONTROVERSY OVER THE POSITION ARE DISCUSSED.
Abstract
THE FRENCH 'JUGES D' APPLICATION DES PEINES', OR SENTENCE JUDGES, ARE CORRECTIONAL OFFICIALS WHO HAVE THE POWER TO RELEASE OFFENDERS FROM PRISON UNDER VARIOUS PROVISIONS FOR PAROLE, FURLOUGH, AND WORK-RELEASE. RECENT CASES OF VIOLENT CRIMES COMMITTED BY FURLOUGHED PRISONERS HAVE AGGRAVATED PUBLIC OPINION OF THESE JUDGES AS LAX IN RELEASING PRISONERS AND INDIFFERENT TO PUBLIC SAFETY. A 1975 LEGISLATIVE AMENDMENT PROVIDED MORE WAYS IN WHICH THE SENTENCE JUDGE COULD RELEASE OFFENDERS, THUS CONTINUING THE CONTROVERSY OVER THEIR ROLE IN THE CORRECTIONS SYSTEM. THE JUDGES' DISCRETION COVERS THE LENGTH AND CONDITIONS OF IMPRISONMENT AS WELL AS THE MANAGEMENT OF PROBATION AND PAROLE. THE POSITION OF SENTENCE JUDGE WAS ESTABLISHED IN 1945 TO HELP ASSURE THE RIGHTS OF PRISONERS AND ALSO TO HEIGHTEN JUDGES' AWARENESS OF THE IMPACT OF SENTENCES AND DIRECT THEIR ATTENTION TOWARD THE OFFENDER RATHER THAN HIS OFFENSE. AS OF 1978, THERE ARE 190 SENTENCE JUDGES IN FRANCE, EACH WITH A CASELOAD OF MORE THAN 400 OFFENDERS. MANY OF THE JUDGES PERFORM OTHER FUNCTIONS SIMULTANEOUSLY AND SPEND LESS THAN A THIRD OF THEIR TIME ON CORRECTIONS. THEREFORE, THEY HAVE LITTLE TIME TO REVIEW INDIVIDUAL CASES ADEQUATELY. THE SENTENCE JUDGE'S LARGEST TASK IS THE SUPERVISION OF PROBATIONERS AND PAROLEES. FOR PRISONERS SERVING 3 YEARS OR LESS, THE SENTENCE JUDGE ORDERS PAROLE AND ESTABLISHES ITS CONDITIONS, AND ONLY HE MAY REVOKE PAROLE FOR THIS GROUP. HIS POWER TO MODIFY SENTENCES INDEPENDENT OF ANY ADMINISTRATIVE CONTROL OR OF ANY JUDICIAL REVIEW LIES AT THE CENTER OF THE CONTROVERSY OVER THE SENTENCE JUDGE. PROPOSALS WHICH HAVE ATTEMPTED TO CORRECT THE PROBLEM INCLUDE ADMINISTRATIVE OR PROSECUTORIAL APPROVAL OF RELEASE DECISIONS; CREATION OF A SENTENCE COURT WITH A THREE-JUDGE BENCH, THUS LIMITING THE INDIVIDUAL AUTHORITY OF ONE JUDGE; AND IMPROVEMENT OF SPECIALIZED TRAINING FOR SENTENCE JUDGES. (VDA)