NCJ Number
60173
Date Published
1977
Length
25 pages
Annotation
A MODEL FOR JUDICIAL CONTROL OF ACCUSED OFFENDERS IN FRANCE THROUGH SOCIAL REINTEGRATION MEASURES RATHER THAN DETENTION IS EXPLORED.
Abstract
THE SYSTEM INVOLVES USE OF SOCIAL WORKERS RATHER THAN POLICE OFFICERS, LOCATION OF ADDITIONAL FUNDS FOR OFFENDERS, ENCOURAGEMENT OF OFFENDER LIVING GROUPS, AND COOPERATION WITH THE HEALTH AND SOCIAL DEPARTMENT AS WELL AS WITH ORGANIZATIONS SUBSIDIZED BY IT. THE FOUR SALARIED EDUCATORS EMPLOYED BY THE COURT FOR CONTROL MUST MAINTAIN CONTACT WITH OFFENDERS IN THEIR HOME AND WORK ENVIRONMENTS, CULTIVATING CORDIAL RELATIONSHIPS WITH OFFENDERS AND MEMBERS OF THEIR SUPPORT SYSTEMS. JUDICIAL CONTROL IS INTENDED TO NORMALIZE THE SITUATION OF THE ACCUSED WITH REGARD TO MONEY, HEALTH, WORK, AND LIVING FACILITIES (IN THE FORM OF LIVING GROUPS FOR ISOLATED JUVENILES). INDIVIDUALS PLACED UNDER SOCIAL CONTROL ARE ON THE AVERAGE 23 YEARS OLD, SINGLE, MALE, UNEMPLOYED OR UNDEREMPLOYED, LIVING IN THEIR PARENTS HOMES, AND WITH NO PREVIOUS POLICE RECORD. THOSE WITH A RECORD HAVE USUALLY BEEN GUILTY OF MINOR PROPERTY OFFENSES, MOSTLY THEFTS. IN THEORY, JUDGES DECIDE WHICH DEFENDANTS ARE TO BE PLACED UNDER SOCIAL CONTROL, BUT IN PRACTICE ARE ASSISTED BY SOCIAL WORKERS WHO CAN REFUSE UNPROMISING CASES. BOTH THE PUBLIC PROSECUTOR AND EXAMINING JUDGES WIELD CONSIDERABLE POWER IN THE SELECTION PROCESS. JUDICIAL CONTROL INVOLVES THE CONCEPT OF FREEDOM TO COME AND GO, THE PRESUMPTION OF INNOCENCE, THE OBLIGATION OF EXAMINING JUDGES TO BASE THEIR DECISION ON FACTS, AND THE EFFECTS OF JUDICIAL CONTROL ON SENTENCING. JUDICIAL CONTROL ALSO HAS A PREVENTIVE FUNCTION IN THAT IT INVOLVES ALL OF THE ELEMENTS OF ACCUSED PARTIES' ENVIRONMENT (E.G., FAMILY, EMPLOYER) IN CONTINUOUS, SUSTAINED CONTROL. TABLES AND NOTES ARE SUPPLIED. --IN FRENCH. (KMD)