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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 Juries of the Republic, 1870–1914

The Juries of the Republic, 1870–1914

(p.111) Chapter Four The Juries of the Republic, 1870–1914
Juries and the Transformation of Criminal Justice in France in the Nineteenth & Twentieth Centuries

James M. Donovan

University of North Carolina Press

This chapter examines the liberal defense of the jury system which was still evident during the first years of the Third Republic. It explains that this was closely connected to the political controversies of an era when Republicans were engaged in a bitter struggle with monarchists. The chapter notes that a more professional but still politicized magistrature responded to this trend by engaging in a new and intensified round of criticism of the jury system and by doing more than ever to undermine it. It observes that new criminological theories that appear to have influenced juries to become more lenient were used against the panels by critics in favour of a more “scientific” fact-finding process. The chapter notes that Republicans began to weaken in their defense of the jury system, the result of which was a crisis of the jury that would not be resolved until after 1914.

Keywords:   liberal defense, jury, Third Republic, monarchists, magistrature, fact-finding

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