Juries and the Transformation of Criminal Justice in France in the Nineteenth & Twentieth Centuries James M. Donovan

ISBN: 9780807833636

Published: February 1st 2010

Hardcover

262 pages


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Juries and the Transformation of Criminal Justice in France in the Nineteenth & Twentieth Centuries  by  James M. Donovan

Juries and the Transformation of Criminal Justice in France in the Nineteenth & Twentieth Centuries by James M. Donovan
February 1st 2010 | Hardcover | PDF, EPUB, FB2, DjVu, AUDIO, mp3, RTF | 262 pages | ISBN: 9780807833636 | 4.12 Mb

James Donovan takes a comprehensive approach to the history of the jury in modern France by investigating the legal, political, sociocultural, and intellectual aspects of jury trial from the Revolution through the twentieth century. He demonstrates that these juries, through their decisions, helped shape reform of the nations criminal justice system.From their introduction in 1791 as an expression of the sovereignty of the people through the early 1900s, argues Donovan, juries often acted against the wishes of the political and judicial authorities, despite repeated governmental attempts to manipulate their composition.

High acquittal rates for both political and nonpolitical crimes were in part due to juror resistance to the harsh and rigid punishments imposed by the Napoleonic Penal Code, Donovan explains.In response, legislators gradually enacted laws to lower penalties for certain crimes and to give jurors legal means to offer nuanced verdicts and to ameliorate punishments.

Faced with persistently high acquittal rates, however, governments eventually took powers away from juries by withdrawing many cases from their purview and ultimately destroying the panels independence in 1941.



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