Slide 2 notes
A nation's criminal justice system is a collection of institutions where an individual accused of a criminal
offense passes through the set of institutions until the case has been completed (Georgetown Law
Library, 2010). The three central institutions of the criminal justice system consist of Law enforcement,
the court system, and corrections, which work together to maintain the country's rule of law. The task of
comparing criminal justice systems throughout the world allows practitioners of criminal justice to make
policies and improve the criminal justice system within their own country (Ministry of Justice, 2012).
When comparing a countries criminal justice system to that of the United States, some similarities and
differences can be found. Similarities include law enforcement agencies, judges and prosecutors, courts
of law, and prisons, and differences such as legal traditions, styles, laws, rights, etc.The French criminal
justice system, rooted in the Romano-Germanic tradition of an inquisitorial style of justice, is much
different from that of the United States and England's roots in the common law (Terrill, 2015). This
presentation will discuss and explain the criminal justice system in France through the lens of a fictional
crime. This scenario will explain the possible experience with the country's law enforcement, courts, and
corrections.
Slide 3 Notes and bullets
At 220,668 square miles, France is twice the size of Great Britain and the state of Colorado. Considered
to be one of the world’s oldest countries, France is located in the heart of western Europe, bordered by
the English Channel to the northwest, Germany, Italy, and Switzerland to the east, Belgium and
Luxemburg to the northeast, Monaco, Mediterranean Sea, Spain, and Andorra to the south.
France is divided into 18 administrative Regions similar to Provinces or States. 13 of the 18 Regions are
located on the French Mainland, also known as Metropolitan France, with the remainder Regions
consisting of French territories overseas.
France is home to 67.4 million residents and is known for its rich history of arts, sciences, literature,
music, and philosophy. The Capital of France is the city of Paris which is known for the Eiffel Tower,
fashion, and culinary dishes (Kastle, n.d.). Paris is also the political, financial, and cultural hub of the
country and is the home of many of the country’s industrial complexes (Terrill, 2015). Throughout
history, France has been central to many conflicts, from medieval times through modern-day conflicts
including World War I and World War II.
The official language of France is French, but there are many other regional dialects spoken in the
country (Ministry of Culture, n.d.).
Bullets
•Located in the heart of Europe, the country of France is more than twice the size of the United
Kingdom and the State of Colorado.
•France is approximately 343,000 square miles and bordered by the English Channel to the
northwest, Germany, Italy, and Switzerland to the east, Belgium and Luxemburg to the
northeast, Monaco, Mediterranean Sea, Spain, and Andorra to the south.
•France is home to 67.4 million residents with Paris as the largest city and the capital of the
country.
•France has a rich history associated with the arts, sciences, literature, music, and philosophy.
France is known for its fashion and culinary arts.
•The official language is French and the Euro is the currency.
Slide 4 Notes and bullet points
•Of the 67.4 million metropolitan France residents, a large majority (80%) live in the largest cities
in France consisting of Bordeaux, Lille, Lyon, Marseille, Nice, Nantes, Paris, Strasbourg, Toulon,
and Toulouse (Kastle, n.d.).
•60% of the population belong to the Catholic Church, but only a small percentage regularly
participates in church activity.
•Europe's largest Muslim population numbered five million people reside in France, primarily in
the southeast region and in the city of Paris.
•Since the early 1800s, France has been considered to be one of Europe's most “open” countries.
Meaning France was open to asylum seekers and/or political refugees.
•As a result of two world wars in the early 20th century, the need for a workforce grew due to the
war’s effect on the French population. During this time, a massive influx of immigrants entered
the country.
•France has been consistent over the years when allowing immigrants to enter the country.
•Seemingly homogenous, underneath the surface France has significant regional, cultural, and
political differences.
Slide 5 Notes and Bullet points
•Considered as one of the world’s largest economies, the French economy is well-developed and
based on a free-market corporate framework. Many big enterprises, like Air France, France
Telecom (now Orange S.A.), Renault, and Thales, have been partially or totally privatized by the
government (Kastle, n.d.).
•Although the French has partially or fully privatized many companies as listed above, the
government continues to show a strong presence in other fields such as power, public transport,
and products for national defense (Kastle, n.d.).
•Coming out of World War II, France was slow to rebuild many of the economic sectors of the
country. Today, France has become a world leader in many key economic sectors including the
chemical industry, energy, automotive, banking, insurance, retail, and the petroleum industry
(Kastle, n.d.).
•France is the most popular country with an estimated 83 million tourists each year (Jean-Pierre
& Perrain, 2016). Tourism accounts for 7.3 percent of the country’s GDP and is responsible for
over one million jobs (Jean-Pierre & Perrain, 2016).
•Regionally, the north and northeast regions are home to most of France’s industry (Terrill, 2015).
The south and southwest regions are rural and home to many farms.
•The wine industry plays a role in the French economy. France produces 16 percent of the world’s
wine supply and has created over 162,000 jobs just in the wine-growing area (Nosowitz, 2021.)
SLIDE 6 notes and bullets
Transnational challenges and crimes involving illegal activity, such as human smuggling, drug trafficking,
money laundering, cybercrimes, and weapons trafficking, cross national borders, and the governmental
power in the victimized country lacks the authority to prosecute responsible parties (Fisher, 2017).
Due to the lenient border policies initiated by France, the French borders are becoming attractive
locations for criminal organizations to enter the country and conduct their illegal enterprises. France has
become a destination country for human smuggling, with victims coming from primarily Eastern
European countries, Africa, and Asia, and are women and young girls (Global Organized Crime Index,
2021).
Illegal weapons are pouring into and out of France, largely from Eastern Europe and the United States
(Global Organized Crime Index, 2021). Targeted weapon theft leads to the majority of illegal weapons on
the market in France, which are mostly purchased by organized crime actors.
The French police and gendarmerie are tasked with the responsibility for countering organized crime,
such as drug trafficking, illegal immigration, and cybercrime (Global Organized Crime Index, 2021).
The national police have a number of units tasked with combating organized crime. In 2019, France
signed the Treaty of Aachen with Germany which included the cooperation between the two nations to
combat transnational crime (Peschke & Lechevallier, 2022).
Slide 7 notes and Bullets
The relationship between France and the United States of America dates back to the late 1700s
when, in 1778, the French government recognized the United States as an independent country
(U.S. Department of State, 2020). During the Revolutionary War, France provided the United
States with military and economic assistance, which proved instrumental for the United States'
victory over the British (U.S. Department of State, 2020).
The United States fought next to France during World War I and helped to liberate France from
Nazi rule in World War II. Since that time, the United States and France have continued to be
strong allies working side by side to combat the evils of this world. Today, the strong
relationship continues as the two countries collaborate in the global fight against terrorism.
France and the United States share similar political, economic, and security values (U.S.
Department of State, 2020). According to the Department of State (2020), France is the third-
largest trading partner with the United Stands. In 2019, the two countries traded approximately
$138 billion in goods and services, including chemicals, aircraft and engines, components for
electronics, telecommunications, computers and computer software, instrumentation and
supplies for science and the medical field, and broadcasting equipment (U.S. Department of
State, 2020).
SLIDE 9 Notes and Bullets
Unlike English police officers who see themselves as ordinary citizens, the French police view themselves
as representatives of the state (Terrill, 2015). The police force in France is controlled, supervised, and
administered through the national government and is rooted in military tradition, which is counter to
police officers in the United States and the United Kingdom.
In the United States, the police are accused of overstepping their authority at times. However, in France,
the police have more of a right to intervene, which likely comes from the philosophical view (Terrill,
2015). This may in part be attributed to the acceptance of the philosophical position promoted by Jean
Jacques Rousseau, which stated that the needs of the many come before one’s individual rights (Terrill,
2015).
The police force in France consists of two entities, the National Police and the National Gendarmerie.
The National Police consists of approximately 150,000 employees 125,000 police officers. The National
Police is responsible for providing police services to towns with populations over 16,000 and falls under
the Ministry of the Interior (Terrill, 2015). The responsibilities of the National Police Force are to ensure
the laws are being enforced and observed, conduct patrols, traffic control, and under the supervision of
the judiciary, conduct criminal inquiries, and serve search warrants.
The National Gendarmerie is the police force over the military branches, provides police services to
overseas territories, and provides police services for towns with populations under 16,000 (Terrill, 2015).
The National Gendarmerie consists of approximately 105,000 employees and is assigned three tasks. The
National Gendarmerie is under the control of the Ministry of Defense unless their duties are carried out
in France. The National Gendarmerie is supervised by the Ministry of the Interior (Terrill, 2015).
SLIDE 10-police procedure
In 2011, the French legislature passed a law that provided guidelines for those in police custody. First,
there must be probable cause to believe that an individual committed or attempted to commit a criminal
offense punishable by imprisonment for up to 5 years before placing them in custody (Terrill, 2015).
Second, when an individual is placed in police custody, they must be informed of the following
information: how long they will be in custody, the date and nature of the offense in question, right to
notify a member of one’s family, employer, in need medical treatment, the right to be silent, and the
right for assistance by an attorney (Terrill, 2015). Third, “the suspect must be brought before a
procurator to enable that official to determine the course of the investigation” (Terrill, 2015). Fourth, the
reason for the individual to be custody must involve one or more of the following: “to preserve evidence,
to prevent tampering with the victim or witnesses, to prevent communications between suspects and
accomplices, and to terminate the crime or criminal enterprise or a repetition of the crime or enterprise”
(Terrill, 2015). Fifth, overall supervision of the police custody ultimately resides with the procurator.
Sixth, the maximum amount of time one can be in police custody is 24 hours, unless the procurator
allows for an additional 24 hour time period. Seventh, interview/interrogation must be delayed no
longer than 2 hours when a person in police custody requests an advocate.
Finally, the advocate has access to any statement by the offender made to the police and any medical
documentation.- When a person is accused of committing a crime in France, the public prosecutor is
automatically notified, and they must be informed immediately (Ministry of Justice, 2012). The police
carry out a preliminary investigation. Once the police complete the preliminary investigation, the case is
reviewed by the prosecutor, who determines sufficient evidence to proceed with the charges (Ministry of
Justice, 2012). Once the prosecutor approves the charges, a judge then determines if the offender can be
released or remain incarcerated (Fair Trials Europe, 2021).
Slide 11 Judiciary Notes and bullets
The French judicial system has many courts divided into two separate branches, the Judicial branch, and
the Administrative branch. The judicial branch courts, also known as ordinary courts, are responsible for
civil and criminal proceedings.
Administrative courts handle disputes between government departments, agencies, or state-owned
companies and individuals (Ministry of Justice, 2012). An example of a case heard by the Administrative
court would be a citizen being denied a building permit. According to Terrill (2015), the administrative
courts attempt to balance the state's general interests and individual citizens' rights. Administrative
courts also handle cases involving the deportation of a foreigner (Ministry of Justice, 2012).
The civil courts handle private disputes between individual parties but do not impose any penalties
(Ministry of Justice, 2012). Cases commonly handled by civil courts include cases such as divorce,
property, or inheritance. On the other hand, criminal courts handle cases where an individual has
committed a criminal offense (Ministry of Justice, 2012).
For this presentation, the criminal consists of several types of courts. The court involves one judge who
makes his/her decision at the last instance, and once the ruling is handed down, there is no possibility of
an appeal (Arnaud, 2008). The tribunal de police handle cases labeled as petty offenses, such as certain
Highway Code violations, simple assaults, and "breaches of the peace at night" (Arnaud, 2008).
The tribunal correctionnel handles more severe offenses such as theft, fraud, serious assaults. These
courts can sentence offenders up to ten years in prison (Arnaud, 2008). Tribunal correctionnel can also
impose fines, suspend drivers' licenses or probation, and be heard by a three-judge panel (Arnaud,
2008).
The Cour d'assises handle cases involving individuals charged with crimes, such as murder, rape,
aggravated robbery, attempted crimes, and accessory of the listed crimes. A panel hears the cases of
three judges with a nine-person jury. Cases related to certain terrorist acts or drug offenses can be heard
without a jury (Arnaud, 2008). Decisions made in the Cour d'assises can be appealed to the higher court,
the Cour d'assises d'appel. The Cour d'assises d'appel comprises a three-judge panel and a jury of 12
citizens who are tasked to re-examine the entire case (Arnaud, 2008). The court can either confirm the
lower court's ruling, cancel, or revise the decision from the lower court.
The Cour de cassation is the highest court in France. The Cour de Cassation does not make a ruling on
the facts of the case but instead determines whether the law was applied correctly by the lower courts
(Ministry of Justice, 2012).
Slide 12 Notes and bullets
•Judges make decisions on a case-by-case basis, which makes similar offenses have potential
different outcomes. Civil Law is also called inquisitor law.
Slide 13 Notes Corrections bullets
The Prison Authorities-Administration pénitentiaire is in charge of ensuring that punishments are carried
out and inmates who are released are properly reintegrated into society (Ministry of Justice, 2012). The
primary goal of the prison system in France is to return prisoners back to society in a better condition,
recognizing the individual’s rights while in prison (Ministry of Justice, 2012).
Like in the United States and the United Kingdom, sentences can be served through either imprisonment
or alternative sentencing such as probation, electronic monitoring, parole, or public service (Ministry of
Justice, 2012).
There are three different types of correctional facilities in France, consisting of jails, special institutions,
and prisons. The jails are used as temporary holding facilities for those who are awaiting trial and
convicted individuals whose sentence is less than a year (Terrill, 2015). Jails were originally designed for
20-30 subjects who are in singular cells, so there is a problem with overcrowding (Terrill, 2015).
Special institutions are used as corrections facilities for offenders who have a physical disability or a
behavioral disorder that does not meet the legal definition of insanity (Terrill, 2015).
Prisons are divided up into three separate categories, detention centers, penitentiary centers, and high-
security facilities (Terrill, 2015). In order to improve the connection between convicts and staff, detention
centers have embraced a collaborative model (Terrill, 2015). With both closed and open types of
facilities, detention centers provide the offender with increased degrees of freedom and individual
accountability (Terrill, 2015). Penitentiary centers and high-security facilities work similarly to that the
traditional corrections models with high-security facilities housing the most dangerous, or serious,
offenders (Terrill, 2015).
Slide 15 Arrest Scenario DUI
Allen Jenkins was in Paris, France, while on vacation with his girlfriend. One day, Allen and his girlfriend
took a trip through the wine country, stopping at wineries and sampling some of the wine. After making
multiple stops, Allen and his girlfriend decided to go back to the hotel. While driving back to the hotel,
Allen was involved in an auto accident that resulted in the other driver's death. Allen and his girlfriend
were not injured in the crash and called the police.
Upon the arrival of the police, the officers began to question Allen about the sequence of events. The
primary officer looked at Allen and asked if he had consumed any alcoholic beverages in English. Allen
said he did drink a few glasses of wine while at the winery.
The officer explains to Allen the national policy requiring an alcohol test after all accidents. The officer
then advises Allen that he suspects Allen is under the influence of alcohol and placed into custody
according to Article L234-1 of Chapter 4 of the Highway Code (Légifrance, n.d.). Allen is taken to the
police station, where he submits a breath sample, which tests a .1 percent BAC. The officer then informs
Allen that the legal limit in France is .05 percent BAC.
Title 3
Article L232-1
The provisions relating to manslaughter committed while driving a motorized land vehicle are set out in
Articles 221-6-1 and 221-8 of the Penal Code reproduced below:
Art. 221-6-1.- When the clumsiness, imprudence, inattention, negligence or breach of a legislative or
regulatory obligation of prudence or safety provided for in article 221-6 is committed by the driver of a
motorized land vehicle, manslaughter is punishable by five years' imprisonment and a fine of 75,000
euros.
The penalties are increased to seven years' imprisonment and a fine of 100,000 euros when:
2° The driver was in a state of obvious intoxication or was under the influence of an alcoholic state
characterized by a concentration of alcohol in the blood or in the exhaled air equal to or greater than the
levels fixed by the legislative provisions or rules of the highway code, or refused to submit to the
verifications provided for by this code and intended to establish the existence of an alcoholic state;
Regulatory part (Articles R110-1 to R442-7)
oBook II: The Conductor. (Articles R211-1 to R245-3)
Title III: Conduct of the driver. (Articles R231-1 to R235-13)
Chapter I: Behavior in the event of an accident. (Article R231-1)
Article R231-1
Any driver or road user involved in a traffic accident must:
1° Stop as soon as possible, without creating a hazard for traffic;
2° When the accident only caused material damage, communicate his identity and address to any person
involved in the accident;
3° If one or more persons were injured or killed in the accident:
a) Notify or cause to be informed the police or gendarmerie services;
b) Communicate to them or to any person involved in the accident his identity and his address;
c) To avoid, to the extent compatible with traffic safety, the modification of the condition of the premises
and the disappearance of traces that could be used to establish responsibilities.
SLIDE notes
When Allen is transported to the station, he is still considered to be under the influence, and therefore,
he was not notified of his rights (Fair Trail Europe, 2021). The officer placed him in a cell and, after a few
hours, came back to retest Allen's BAC. When retested, Allen's BAC was under the limit of .05. The
officer, at this point, notified Allen of his rights according to French law. Allen was told that he was being
detained for Driving Under the Influence and Manslaughter. The officer told Allen that he did not have a
time frame since the prosecutor was being informed of the incident and reviewing the case. Allen was
then allowed to call his girlfriend, who made the necessary arrangements. Allen then called the United
States Consulate in Paris and notified them of the situation.
-Allen requested assistance from an attorney, and he was provided a list of names by the U.S. Embassy.
The police officer then advised Allen that the prosecutor reviewed the case, and it was decided that
formal charges would be filed with the court, and the judge would be deciding if Allen should remain in
jail until trial or if he should be released (Fair Trial Europe, 2021).
-Since Allen was a foreign national, and the offense was severe in nature, the judge decided Allen should
remain in jail until his trial. Thankfully, Allen's attorney could fast-track the case to be heard in
the Cour d'assises or the Assize Court. When Allen arrived at court, the trial was heard in front of a
three-judge panel with a jury of nine citizens. Allen was allowed to provide a statement in which he
apologized for his actions and asked for mercy. The prosecutor provided evidence of the breath test
statements made by witnesses and the officer's testimony. At the end of the trial, the jury determined
Allen was guilty. The judges then adjourned to determine Allen's sentence.
-Since the auto accident resulted in the death, Allen was criminally charged with Article 234-1 (DUI) and
Article 232-1 (Vehicular Manslaughter) of the Highway Code. Altogether, Allen faces up to 9 years in
prison and a 104,500 Euro fine, seven years and a 100,000 Euro Fine for the manslaughter charge, and
two years and a 4,500 Euro fine for the DUI charge.
-The judges returned and sentenced Allen to 9 years in prison and the entire fine of 104,500 Euros. Allen
was then taken to a penitentiary center to serve his sentence. While in prison, Allen was treated
relatively fair, and after he was able to have his family pay the fine in total, and Allen was a model
prisoner, Allen sentence was reduced by the post-sentencing judge, who has the authority to reduce the
sentences of inmates (Terrill, 2015). The judge lowered the sentence from 9 years to 4.5 years.
