NCJ Number
64147
Journal
Crime and Delinquency Volume: 26 Issue: 1 Dated: (JANUARY 1980) Pages: 22-34
Date Published
1980
Length
13 pages
Annotation
FOCUSING ON PRETRIAL DETENTION IN FRANCE, THIS ARTICLE HIGHLIGHTS THE ROLE PLAYED BY 'CONTROLE JUDICIAIRE,' AN ALTERNATIVE TO DETENTION, IN THE FRENCH CRIMINAL JUSTICE SYSTEM.
Abstract
FRANCE'S LOW IMPRISONMENT RATE RESULTS FROM A LOW VIOLENT CRIME RATE RATHER THAN DEVELOPMENT OF SUBSTITUTES FOR IMPRISONMENT. FEATURES OF THE FRENCH CRIMINAL JUSTICE SYSTEM INCLUDE A CENTRALIZED NATIONAL CIVIL SERVICE EMBRACING JUDGES, PROSECUTORS, POLICE, AND PRISON GUARDS; 'INQUISITORIAL' PROCEDURES WITH CRIMINALS, RELYING ON WRITTEN STATEMENTS AND ADMISSIONS MADE BY THE DEFENDANT DURING SUCCESSIVE QUESTIONING BY POLICE, PROSECUTORS, MAGISTRATES, AND TRIAL COURTS; THE ABSENCE OF PLEA BARGAINING; TRIAL BY JUDGES RATHER THAN JURIES (EXCEPT FOR THE MOST SERIOUS FELONIES); AND SPEEDY TRIALS. PREVENTIVE DETENTION IS PERMITTED. MAGISTRATES DECIDE BETWEEN PRETRIAL DETENTION OR RELEASE FOR A DEFENDANT AND CONDUCT INDEPENDENT INVESTIGATIONS OF THE CASES. MONEY BAIL IS RARE, BUT THE EXAMINING MAGISTRATE CAN RELEASE A DEFENDANT TO THE SUPERVISION OF A THIRD PARTY ('CONTROLE JUDICIAIRE'). THIS SYSTEM IS DESIGNED TO REDUCE PRETRIAL DETENTION AND PROVIDE 'PREPROBATION.' THIRD PARTY SUPERVISORS MAY BE SOCIAL WORKERS, POLICE, OR OTHERS. ALTHOUGH 'CONTROLE JUDICIURE' IS VALUABLE TO SOME DEFENDANTS, IT IS NOT CLEAR WHETHER IT IS HAS REDUCED DETENTION OR SIMPLY INCREASED CONTROL OVER THOSE RELEASED BEFORE TRIAL. FOOTNOTES ARE INCLUDED. (PAP)