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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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PRINTED FROM UNIVERSITY OF NORTH CAROLINA PRESS SCHOLARSHIP ONLINE (www.northcarolina.universitypressscholarship.com). (c) Copyright University of North Carolina Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in NCSO for personal use.date: 17 October 2019

The Great Turning Point the Juries of the Second Republic and Second Empire, 1848–1870

The Great Turning Point the Juries of the Second Republic and Second Empire, 1848–1870

Chapter:
(p.87) Chapter Three The Great Turning Point the Juries of the Second Republic and Second Empire, 1848–1870
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.7

This chapter discusses the turning point in the history of the jury in France from the Revolution to World War II, during the eras of the Second Republic (1848–52) and Second Empire (1832–70). It observes that while the primary response of the authorities to jury sanction nullification during the preceding period was to grant juries the power to rule on extenuating circumstances, the governments of the 1848–70 era (especially that of the Second Empire) responded primarily through wholesale correctionalization. The chapter notes that the rising conviction rates for the offenses the panels continued to try were another distinctive feature of the period, brought about by a combination of increasing recidivism and reforms that placed the panels under government control.

Keywords:   jury, France, Revolution, World War II, Second Republic, Second Empire, sanction, nullification, extenuating circumstances, correctionalization

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