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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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(p.177) Conclusion
Juries and the Transformation of Criminal Justice in France in the Nineteenth & Twentieth Centuries

James M. Donovan

University of North Carolina Press

This chapter concludes by presenting a broad analysis based on both contemporary sources and the writings of modern historians. It shows that there were a number of basic transitions in the authorities' long fight against jury sanction nullification and explains that the panels were granted legal means of mitigating penalties through the law of 1832 on extenuating circumstances. The chapter notes that this reform was only partially successful at ending the juries' frequent recourse to extralegal sanction nullification. It further notes that the state then resorted to the tactic of shifting many cases away from the juries of the cours d' assises to the judges of the tribunaux correctionnels through the process of “correctionalization.” The chapter observes that in 1941, the government finally managed to tame the juries by placing them under the direct supervision of the judges in the system ofechevinage.

Keywords:   jury, sanction nullification, extenuating circumstances, correctionalization

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