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

Print publication date: 2010

Print ISBN-13: 9780807833636

Published to North Carolina Scholarship Online: July 2014

DOI: 10.5149/9780807895771_donovan

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The “Jurys Censitaires,” 1815–1848

The “Jurys Censitaires,” 1815–1848

Chapter:
(p.49) Chapter Two The “Jurys Censitaires,” 1815–1848
Source:
Juries and the Transformation of Criminal Justice in France in the Nineteenth & Twentieth Centuries
Author(s):

James M. Donovan

Publisher:
University of North Carolina Press
DOI:10.5149/9780807895771_donovan.6

This chapter discusses the era of the “Jurys Censitaires” during the periods of the Bourbon Restoration (1815–30) and the July Monarchy (1830–48), when the panels were composed almost exclusively of notables. It adds two major developments which distinguished the era: one was that liberal support for the jury as the “palladium of liberty” now reached its peak; and, the significant expansion of jury-based mitigation of penalties through the law of 1832 on extenuating circumstances. The chapter observes that acquittal rates were quite high during the early years of the period, especially for violent crimes, and further, that a large proportion of those persons who were convicted were found guilty of lesser charges than the most serious ones brought by the prosecution.

Keywords:   Jurys Censitaires, Bourbon Restoration, July Monarchy, extenuating circumstances, violent crimes, prosecution

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