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NCJ Number: 64147 Find in a Library
Title: FRENCH PROGRAM TO REDUCE PRETRIAL DETENTION - CONTROLE JUDICIAIRE
Journal: CRIME AND DELINQUENCY  Volume:26  Issue:1  Dated:(JANUARY 1980)  Pages:22-34
Author(s): P GERETY
Corporate Author: National Council on Crime and Delinquency
United States of America
Date Published: 1980
Page Count: 13
Sponsoring Agency: National Council on Crime and Delinquency
Newark, NJ 07102
Format: Article
Language: English
Country: United States of America
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)
Index Term(s): Alternatives to institutionalization; Correctional reform; France; Judicial process; Pretrial programs; Pretrial release
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