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French Criminal Justice - A Comparative Account of the Investigation and Prosecution of Crime in France (Paperback, New)
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French Criminal Justice - A Comparative Account of the Investigation and Prosecution of Crime in France (Paperback, New)
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Basing much of its analysis upon the first systematic empirical
study of the French pre-trial process, this monograph breaks new
ground in the field of comparative criminal justice. Moving away
from idealised accounts of judicially supervised investigations, it
provides a better understanding of the ways in which an
inquisitorially rooted criminal process operates in practice and
the factors that influence and constrain its development and
functioning. The structure and operation of French criminal justice
is set within a broad range of contexts of political, occupational
and legal cultures from the French Republican tradition of
state-centred models of authority, across the growing influence of
the ECHR, to the local conditions which determine the ways in which
individual discretion is exercised. The French model of
investigative supervision and accountability is contrasted with
more adversarial procedures and in particular, the different ways
in which the reliability of evidence is guaranteed and the
interests of the accused protected. Systematic observation of the
daily working practices of police, gendarmes, prosecutors and juges
dinstruction across a number of sites and time periods, provides a
unique and detailed account of the ways in which the French
criminal process operates in practice. The understandings and
insights generated from this data are then set within a wider legal
and political analysis, which considers issues such as the
influence and interference of the State within matters of justice;
a comparative analysis of the judicial and defence functions; and
the extent to which ECHR fair trial guarantees are able to produce
legal and ideological change within a process which depends upon a
central and judicially supervised investigating authority. An
informed knowledge of other European criminal procedures is
increasingly essential for those working within UK (as well as
comparative) criminal justice, if there is to be a proper
engagement with, and evaluation of, measures such as the EUs
proposed Council Framework Decision on Certain Procedural Rights in
Criminal Proceedings throughout the European Union, as well as
recent legislative reform in England and Wales that seeks to adjust
the pre-trial roles of police and prosecutor in significant ways.
This book will be essential reading for teachers, researchers,
students and policy-makers working in the areas of criminal justice
in the UK and across Europe, in comparative criminal
justice/criminology, as well as in French and European studies.
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