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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 triumph of experts over jurors: Justice in France since World War I

The triumph of experts over jurors: Justice in France since World War I

Chapter:
(p.158) Chapter Six The triumph of experts over jurors: Justice in France since World War I
Source:
(p.iii) 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.10

This chapter discusses the destruction of the independent jury system in France which was laid by the Positivists of the pre-World War I era. It emphasizes that the liberals' abandonment of their traditional support of an independent jury proved crucial and was a major reason why the system of échevinage instituted by the Vichy government in 1941 was kept by France's post-World War II regimes. The chapter notes that this was related to an even broader theme: the triumph of fonctionnaires over democracy by the mid-twentieth century. It observes that the rise of government by experts—by trained, professional administrators—was already noticeable during the interwar years, and became still more evident later. The chapter emphasizes that échevinage was seen by many jurists, magistrates, criminologists, and politicians as a means by which juries would be guided by judges, the experts of the criminal justice system.

Keywords:   jury system, France, Positivists, Vichy, criminologists, politicians, criminal justice system

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