skip navigation

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

 

NCJ Number: 68430 Find in a Library
Title: INQUISITORIAL SYSTEMS OF JUSTICE - SEMINAR PROCEEDINGS, LONDON (ENGLAND), 1978
Corporate Author: National Assoc for the Care and Resettlement of Offenders (NACRO)
United Kingdom
Date Published: 1980
Page Count: 18
Sponsoring Agency: National Assoc for the Care and Resettlement of Offenders (NACRO)
London, SW9 0PU
National Institute of Justice/
Rockville, MD 20849
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America
Document: PDF
Language: English
Country: United Kingdom
Annotation: AS PART OF A BRITISH SEMINAR ON INQUISITORIAL SYSTEMS OF JUSTICE, PRETRIAL PROCEDURES ARE DESCRIBED FOR FRANCE, WEST GENMANY, AND SCOTLAND.
Abstract: FRENCH CRIMINAL PROCEDURE IS INQUISITORIAL IN THAT THE JUDGE CAN ASK QUESTIONS OF WITNESSES IN THE INTEREST OF ARRIVING AT THE TRUTH, RATHER THAN ACTING AS A REFEREE FOR THE CONTEST BETWEEN THE PROSECUTION AND THE DEFENSE. FOR PRETRIAL PROCEDURES, THE FRENCH INQUISITORIAL SYSTEM GIVES THE POLICE AND THE PROSECUTOR GREATER SCOPE TO INTERROGATE SUSPECTS AND CONDUCT INVESTIGATIONS, UNDER THE ASSUMPTION THAT FACTS WILL BE OBTAINED IMPARITALLY SINCE THERE IS NO BURDEN TO PROVE A CASE AGAINST AN ACCUSED. A PRETRIAL EXAMINATION IS CONDUCTED BY THE 'JUGE D'INSTRUCTION,' WHERE THE ACCUSED AND WITNESSES ARE QUESTIONED BY THE 'JUGE' IN ORDER TO BUILD A COMPLETE DOSSIER OF FACTS SURROUNDING THE OFFENSE FOR PRESENTATION TO THE COURT. THE DOSSIER IS THE BASIS OF THE JUDGE'S RIGOROUSLY INQUISITORIAL APPROACH IN CONSTESTED TRIALS. IF BAIL IS NOT GRANTED, THE ACCUSED WILL BE PLACED IN DETENTION THROUGHOUT PRETRIAL AND TRIAL PROCEDURES. ALTHOUGH CRIMINAL PROCEDURE IN WEST GERMANY IS SIMILAR TO THAT IN FRANCE, MINOR DIFFERENCES ARE NOTED. CRIMINAL PROCEDURE IN SCOTLAND IS A COMBINATION OF THE BRITISH SYSTEM OF JUSTICE AND THE INQUISITORIAL SYSTEMS OF FRANCE AND WEST GERMANY. THE ROLE OF THE COURTS AND JUDGES IS SIMILAR TO THAT IN ENGLAND, BUT, PRETRIAL INVESTIGATION BY THE CROWN OFFICE AND THE PROCURATOR FISCAL IS SIMILAR TO THAT OF AN INQUISITORIAL SYSTEM, AS EXPANDED POWERS OF INVESTIGATION ARE GRANTED, ALONG WITH WIDE DISCRETION CONCERNING WHETHER TO PROSECUTE.
Index Term(s): England; France; Germany; Judicial discretion; Police discretion; Pretrial procedures; Prosecutorial discretion; Scotland
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=68430

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.