NCJ Number
25416
Journal
Judicature Volume: 58 Issue: 10 Dated: (MAY 1975) Pages: 480-485
Date Published
1975
Length
6 pages
Annotation
A DESCRIPTION OF THE POWERS AND RESPONSIBILITIES OF THE FRENCH 'JUGE DE L'APPLICATION DES PEINES' (THE JUDGE SUPERVISING CRIMINAL SENTENCES), WITH AN EVALUATION OF THE VALUE OF THIS SYSTEM FOR AMERICAN CORRECTIONS.
Abstract
THE FRENCH CODE OF CRIMINAL PROCEDURE PROVIDES FOR THE APPOINTMENT IN EACH TRIAL JURISDICTION OF SUCH A SUPERVISING JUDGE WHOSE TASK IT IS TO SUPERVISE THE CONDITIONS UNDER WHICH THOSE CONVICTED IN CRIMINAL COURT SERVE THEIR SENTENCES. THE JUDGE IS EMPOWERED TO DECIDE THE TYPE OF TREATMENT AN INMATE WILL UNDERGO; TO SUPERVISE ALL DISCIPLINARY MATTERS AND CHANGES IN ADMINISTRATIVE PROCEDURES; AND TO APPROVE WORK-RELEASE OR FURLOUGH PROGRAMS FOR INMATES. THE JUDGE IS REQUIRED TO VISIT PERSONNALY EACH INSTITUTION IN HIS JURISDICTION AT LEAST ONCE A MONTH AND TO GRANT INFORMAL HEARINGS TO EACH INMATE WHO REQUESTS ONE. THE SUPERVISING JUDGE ALSO HAS THE AUTHORITY TO GRANT PAROLES TO CERTAIN INMATES; TO REVOKE PAROLE OR TO ALTER THE CONDITIONS IMPOSED BY THE PAROLE COMMITTEE; TO HEAD THE PROBATION DEPARTMENT; TO ALTER CONDITIONS OF PROBATION IMPOSED BY ANOTHER JUDGE; AND TO REVISE THE SENTENCE OF THE TRIAL COURT IN SOME CASES. POSSIBLE PROBLEMS WITH THIS SYSTEM ARE REVIEWED. HOWEVER, SEVERAL IMPORTANT ADVANTAGES OF THE SYSTEM ARE NOTED, INCLUDING INCREASED INTERACTION BETWEEN COMPONENTS OF THE CRIMINAL JUSTICE SYSTEM, RESOLUTION OF INMATE GRIEVANCES AT AN EARLY STAGE, AND DECREASING INMATE FRUSTRATION BY MEANS OF THE INFORMAL HEARINGS.