France
Samantha Crooks
Introduction / Abstract
There are many types of criminal justice system through the world. The criminal justice system in
most institutions to join forces to arrest, sentence, prosecute, and impose punishment to those
that commit a criminal offense (Jones et al., 2019). There are some common elements within
France like, prisons, judges, and law enforcement agencies, that come together to help with the
improvement of the criminal justice systems with collaboration. Each country has their own way
of doing going about courts and laws. France ‘s demographic factors are social, political, and
economic factors, immigration has been the bone of contention. According to Traibalat and
Rogers (2004), there are 23% of citizens that have a grandparent who was an immigrant. France
deals with immigration, terrorism, and drugs as their crimes. There are two police departments
in the Police Nationale which operates within the Ministry of Interior and the Gendarmerie
which operates with the ministry of Defense The court system in France is divided into two parts
the judicial courts and the administrative courts. There are administrative courts (tribunaux
administratifs) which is where public law is applied. There is also the highest judiciary court
which is the Supreme Court of Appeals (Cour de cassation).
Case
Group of friends went out went to France on av action to have some fun and time to relax. Some
of their girls brought their boyfriends. Everyone went out partying one night, happy and
laughing. Group ends up at a club, where everyone is drinking, not watching their intake of how
many drinks they have had. Everyone is enjoying having fun. Suddenly thing change, the guys
become more aggressive and you walk out of the club, your boyfriends follow you, you tell him
you want to be alone. He is drunk and not listening. He grabs you to get you stop. You try to pull
away. you scream asking him to let go. He still does not let go you struggle and fight back. He still
is holding you hard and now pulls you in his arms and is not letting you. At this point you must
fight your way, so you hit him, and then he hits you. When someone sees he is beating up on
you. Police arrive shortly after the fighting starting between the two of you. Police cannot
determine who started the fight/ Domestic Violence situation so you both get arrest until things
can be sorted out. Police ask what happened but you are too intoxicated to tell them so they put
you in cuffs and take you in as well.
In France theses rights must be upheld: “Those held in police custody are guaranteed certain
rights. They must be informed of their rights in a language that they understand. They have the
right to an interpreter. They must be informed of the case being made against them. This
includes receiving an official statement, being notified of the length of custody and nature of the
crime they are being held for. They have the right to inform their loved ones (family members,
housemate or employer) by telephone, and / or via a police intermediary. Visits are not allowed.
They have the right to inform the consular authorities of their country of origin, generally via the
police intermediary. Loved ones or the person being held in custody may request a medical
examination at any time (this right is renewed if the custody is extended)” (Insider Prisoner,
N.D.).
Police can keep in custody up to 48 hours after the crime, but most are out within 24 hours.
There is no bail for those in police custody, nor is it under the French penal code bail is not
something that is used. While in police custody you are held in a cell, you are fingerprinted,
pictures taken, locked in a holding cell until you can see a judge to determine the next process.
The judge decides to hold you until trial, then you stay in jail in the community. Once sentenced
after trial then you go to a prison outside of town.
Background
France is one of the largest country in Europe which consists of 220,668 miles. Paris is the
premier city in France. Paris has notary political, financial, and cultural center of the country but
home to the industrial complexes. France is home to the industries like automobiles, airplanes,
chemicals, electronics, and energy. French is the official language of France. France was referred
to as the oldest eldest daughter of the Catholic Church. France has Cathedrals, painting, and
architectural designs that come from the catholic religious culture that has influenced France on
how they build and think about things. France is a Catholic country but there are only less the ¼
of people who are practicing the religion. France is known as the French republic it on the
eastern side on Europe with a population of 65,326,691 (Ly et al., 2017). As of 2010 the birth
rate was exceeding the death rate (Ly et al., 2017). The French revolution of 1789, end up leaving
two ideas behind, one is they have a longing for personal liberty but also keep their faith and he
second is power that is wielded by a hero who serves as both s symbol and a catalyst for national
unity (Terrill, 2016, PG 134).
There has been a large rebellion from the past with France. The politics in France changed with
the new political ideas of the eighteenth-century Enlightenment. There is intellectual milieu of
the enlightenment philosophes did have an impact on the political theory. Jean Jacques
Rousseau is someone who exalted human instinct over reason and emphasized the community
interests over individual rights (Terrill, 2016, PG135). Rousseau believe in the rule of the majority
rather than individual rights. During the famous revolution, France adopted many basic political
principles that help with part of the democracy.
The French government follows the Constitution of the Fifth Republic. The constitution is
referred to as Gaullist because General Charles de Gaulle created the constitution. On June 1,
1958 General Charles De Gaulle because the first prime minster when the fourth Republic
Constitution as in effect (Terrill, 2016, PG 135). The constitution is divided into 24 titles and has a
total of 92 articles in which address a particular aspect of the constitutional authority.
The office of the President of France has broad and independent powers. The president has a
five-year term as of 2008, before there were no limitations on terms a president could serve. The
president can dissolve the National Assembly but can only do once in a year. The president can
also act quickly if there is an immediate risk of crisis or the country, however there must be
come consultation with the Constitutional council. The president signs all decrees and
ordinances that are prepared by the Council of ministers.
The Prime minster is appointed by the president. Serves as the link between the president and
parliament. Appears to before parliament to defend that government policy, determines the
composition of Council of Minters meetings, presides over the meetings ad is responsible for the
administration of various governmental departments.
The council of ministers is like the cabinet government. The member is selected by the prime
ministers and approved by the president. The number of people on the Council of minsters
varies among the times of needs. The council of minsters are no longer members of parliament.
The council is full f people who have no legislative experience that can be career civil servants,
university professors, and technical experts (Terrill, 2016, PG137).
Parliament consist of the Senate and National Assembly. The senate is composed of 348 senators
that are elected to 6 years terms, however 1/3 is elected every 3 years. The National Assembly is
composed of 577 deputies, that are elected to five terms. The National Assembly reviews the
governments budgets and make sure there is a balance of power.
France follows the crime control model. “The French system probably represents the right
balance between the rights of the accused and the protection of society” (Stohr & Walsh, 2018).
France also shows evidence of following the due process model as well or a balance of both
models, to guarantee the rights of the accused and safety of society.
Police
The French police deal with drugs, immigration, and terrorism. The French have two
separate police organizations, the Police Nationale which operates within the Ministry of
Interior and the Gendarmerie which operates with the ministry of Defense. The Police
Nationale is responsible for Paris and urban areas, whereas the Gendarmerie is
responsible for small towns and rural areas. There are advantages to having 2 police
departments but also there are disadvantages. An advantage is that the power of police
is separated and its more of a divided workload rather than one police department
having it all. A disadvantage is that civil orders are a problem with control in France.
Since there is control issues this have caused attacks on police officers. Police
investigators and Prosecuting Attorneys have the responsibility to handle minor crimes
and misdemeanors. France has a substantive law that is determined by the penal code,
this how the criminal offenses and punishments. The criminal justice system has a
codification which can determine if there is a crime, the notion is called politicality.
Politicality is defined as “only Violations of rules made by a government authority can be
crimes” (Reichel, 2013). When suspected of a crime in France, there is automatic
notification to the public prosecutor, and they must be immediately informed.
The public prosecutor must be informed of “all offences committed as well as whether
the police judiciaries is holding persons in custody for the purpose of its investigations”
(Ministry of Justice, 2012). The police conduct a preliminary investigation. Once the
preliminary investigation is complete, there is analyze and it is determine if there are
enough to bring charges to continue to the course of prosecution or if the case should
be dropped (Ministry of Justice, 2012). There must be certain factors to make sure that
the behavior is criminal. Mens rea is having a guilty mind. Mens rea must be
distinguishing between intention and negligence. To charge with a felony there have to
intention in the crime (Al-Shamari, 2017). Whereas negligence is required in a
misdemeanor. Actus reus is the requirement of have a guilty act or the act itself. There
must be a causal relationship between the act and he result for the person to be
convicted. There must be harm to another person.
Court
The British Parliament reformed their criminal justice policies (Dammer, H.R., 2013).
They developed an administrative court to oversee the legislative, that is broken up into
the Constitutional Counsel Courts and Council of State. France is a bureaucracy although
the police are permitted. France has a zero-tolerance policy (Dammer, H.R., 2013).
The burden of proof lies on the public prosecutor to determine if there is evidence of
the offense that was committed and alleged person was involved (Ministry of Justice,
2012). The public prosecutor will have to gather information that may incriminate or
exonerate a person by doing interviews, search and seizures (Ministry of Justice, 2012).
“Under French law the age threshold for criminal liability is 18 years old, therefore a
minor cannot be tried by ordinary criminal courts” (Ministry of Justice, 2012). Age is a
factor, and they must be of legal age to be held accountable for the crime. Being
responsible for a crime is making sure the age of discernment or the capable of
understanding the crime. Penalties are adapted by age (Ministry of Justice, 2012).
There are three distinct groups – Felonies (Crimes), Serious misdemeanors (Delits), and
Minor Crimes (contraventions). Once one of these are determined the case goes to trial.
The prosecutor has to prove that the defendant commits the crime, but the defendant
does not have to do anything. The judge will decide between guilty or not guilty. If the
defendant was not satisfied with the decision then they can appeal to a second
jurisdiction court and the case will be reexamined (Arnaud, 2008). Once the decision is
handed down it goes to sentencing. Sentence is handing down the punishment or penal
sanction.
Jail or prison
“The Prison Authorities-Administration pénitentiaire is dependent on the Ministry of Justice”
(Ministry of Justice, 2012). Corrections is the last part of the process. They take care of making
sure sentences are carried out and reintegrating prisoners when released back into society.
Being in prison in France there are is a regimen where there are five phases. The first phase last
nine months in which an inmate is kept in a maximum-security isolation. The inmate is
interviewed and evaluated by correctional counselors during this phase. The second phase is
they stay in observation or they are move to the progressive regimen, they are kept in isolation
to eat and sleep but are given a work assignment as well. They continue this phase for six to
twelve months. The third phase is being only in isolation to sleep but being allowed out for
groups, work, and any other activities. This phase lasts for a year. The fourth phase is designed to
help the inmate work in the private sector while still being in prison. This phase can last up to six
years. The fifth and final phase is the conditional release where the inmate has no supervision
and place on parole for years and then eventually discharged. (Terrill, 2016, PG 196).
Biblical
“He has told you, O man, what is good; and what does the Lord require of you but to do
justice, and to love kindness, and to walk humbly with your God?” (Micah 6:8 ESV)
God wants us to follow him and show the love he gives us. God wants us to follow his
ways and not stray from those, but we are sinful and that leads us to do things we would
not normally do.
“Let every person be subject to the governing authorities. For there is no authority
except from God, and those that exist have been instituted by God. Therefore, whoever
resists the authorities resists what God has appointed, and those who resist will incur
judgment. For rulers are not a terror to good conduct, but too bad. Would you have no
fear of the one who is in authority? Then do what is good, and you will receive his
approval, for he is God's servant for your good. But if you do wrong, be afraid, for he
does not bear the sword in vain. For he is the servant of God, an avenger who carries out
God's wrath on the wrongdoer. Therefore, one must be in subjection, not only to avoid
God's wrath but also for the sake of conscience. ...” (Romans 13:1-14 ESV).
“Turn away from evil and do good; so shall you dwell forever. For the Lord loves justice;
he will not forsake his saints. They are preserved forever, but the children of the wicked
shall be cut off. The righteous shall inherit the land and dwell upon it forever” (Psalm
37:27-29 ESV).
We must not bring more evil into the world we must work to make things better and not
judge one another.
Conclusion
France has their way of doing things, they put the burden of proof on the prosecutor instead of
making the defendant show they are innocent. France follows the true innocent until proven
guilty. France has a carinal justice system that comes in a distinct forum but also works for them.
The process a criminal may go through maybe taxing to a person that is not used to the system
but must learn it. France does provide interpreters to hose who needed it when arrested. There
is differences like how the prosecutor and defense work. France’s criminal justice system does
take into condensation, politicality, specificity, uniformity, penal sanction, and mens rea. By
having an understanding of the criminal justice both the United States, England and France it
makes it easier to know what happen when you commit a crime in that country especially if you
are travelling abroad or planning a trip to another country. The criminal justice will change over
time just like others have. France system is older and probably has areas of reform need but until
that happens the system is working for them.
Reference
Al-shamari, K. S. (2017). The Influence of Criminal Mens Rea on Criminal Justice: A
Comparative Study of Qatar 's Penal Code and the Model Penal Code in the United
States. Retrieved November 8, 2020, from
http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1040&context=etd
Arnaud, D. (2008). The Judiciary in France . Retrieved November 8, 2020, from
http://www.justice.gouv.fr/art_pix/plaquette_justiceenfrance_angl.pdf
Dammer, H., & Albanese, J. (2013). Comparative Criminal Justice Systems. (5th ed.). Cengage
Learning.
Insider, P. (n.d.). In case of arrest. Retrieved November 09, 2020, from https://www.prison-
insider.com/en/france/en-cas-d-arrestation-5798a4664e206
Jones, N. A., Ruddell, R., & Summerfield, T. (2019). Community Policing: Perceptions of
Officers Policing Indigenous Communities. Canadian Journal of Criminology & Criminal
Justice, 61(1), 41.
Ministry of Justice . (2012). The French Legal System. Retrieved November 8, 2020, from
http://www.justice.gouv.fr/art_pix/french_legal_system.pdf
Reichel, P. L. (2013). Comparative criminal justice systems: a topical approach. Boston, MA:
Pearson.
Tribalat, M., & Rogers, G. (2004). An estimation of the foreign-origin populations of France in
1999. Population, 59(1), 49-80.
Terrill, Richard J. (2016). World Criminal Justice Systems A Comparative Survey. Routledge,
New York. PG 17-129.
Powered by TCPDF (www.tcpdf.org)
