NCJ Number
59766
Journal
International Annals of Criminology Volume: 17 Issue: 1 & 2 Dated: (1978) Pages: 69-82
Date Published
1978
Length
14 pages
Annotation
THE PROPOSED APPLICATION OF THE AMERICAN SYSTEM OF PRETRIAL BAIL RELEASE AND RELEASE ON THE SUSPECT'S OWN RECOGNIZANCE TO THE FRENCH CRIMINAL JUSTICE SYSTEM IS DISCUSSED.
Abstract
ALTHOUGH SUBSTANTIAL DIVERSITY EXISTS BETWEEN THE AMERICAN AND THE FRENCH CRIMINAL JUSTICE SYSTEMS, THESE DIFFERENCES MAY BE ONLY SUPERFICIAL, WITH MORE IMPORTANT MATTERS BEING HELD IN COMMON. EXPERIMENTATION BETWEEN VARIOUS AMERICAN AND FRENCH AGENCIES SHOULD POINT OUT THESE SIMILARITIES AND, ESPECIALLY, COULD TEST THE ABILITY OF THE FRENCH COURTS TO REDUCE PRETRIAL DETENTION. MONEY BAIL HAS NOT BEEN A PART OF THE FRENCH SYSTEM, BUT THE FRENCH MINISTRY OF JUSTICE IS INTERESTED IN EXPLORING WHETHER METHODS DEVELOPED IN NEW YORK CITY'S MANHATTAN BAIL PROJECT CAN BE USED TO INCREASE THE EFFICIENCY AND FAIRNESS OF PRETRIAL RELEASE IN FRANCE. THE PLANNING AND DEVELOPMENT OF THE APPLICATION PROJECT HAVE INDICATED THE POSSIBILITIES AND COMPLEXITIES OF INTERNATIONAL COOPERATION IN ACTION RESEARCH, INCLUDING THE GENERAL MISTRUST BY POLICE OFFICIALS OF ANY EXPERIMENTATION. CONCERN HAS ALSO BEEN EXPRESSED OVER THE PROJECT'S USE OF VOLUNTEER STAFF MEMBERS, WITH QUESTIONS RAISED AS TO THE ACCOUNTABILITY AND SECURITY OF THE PROJECT. TRANSFERRING THE AMERICAN SYSTEM TO FRANCE WILL REQUIRE THE ADAPTATION OF METHODS TO THE STRUCTURE OF FRENCH PROSECUTIONS AND TRIALS. IN NEW YORK, ALL DEFENDANTS APPEAR BEFORE A JUDGE FOR DETENTION DECISIONS, BUT IN FRANCE THE PROSECUTORS HAVE THE AUTHORITY TO RELEASE MANY PRISONERS WITHOUT CONSULTING A MAGISTRATE. INFORMATION PROVIDED UNDER THE BAIL SYSTEM WILL THEREFORE HAVE TO BE GIVEN TO THE FRENCH PROSECUTOR AS THE DECISIONMAKER IN THE RELEASE PLAN. FOOTNOTES ARE PROVIDED. (TWK)