Guilty Pleas and the Changing Role of the Prosecutor in French Criminal Justice

Author(s):  
Jacqueline S. Hodgson
2021 ◽  
pp. 837-861
Author(s):  
Steve Case ◽  
Phil Johnson ◽  
David Manlow ◽  
Roger Smith ◽  
Kate Williams

This chapter discusses the place that punishment occupies as a response to crime. In many ways, the idea of punishment lies at the heart of our thinking about crime and criminal justice. It acts as a kind of balancing factor to the offence and seems like an obvious and natural consequence of a wrongful act, as in the biblical idea of ‘an eye for an eye’. However, the criminologist’s task is precisely to interrogate fundamental assumptions and to question the obvious. As such, there is a need to consider, with a critical eye, some well-established conventions such as the principle of ‘just deserts’ and the idea that we should make ‘the punishment fit the crime’. The chapter explores aspects of the historical development of punishment and its changing role in society and looks at particular forms of penal sanction, notably the death penalty, the use of imprisonment, and community-based alternatives to the deprivation of liberty. The chapter then assesses the role of the judiciary in administering punishments, the consequences of imposing punitive measures, and the criticisms of the use of punishment.


2016 ◽  
Vol 80 (3) ◽  
pp. 201-213 ◽  
Author(s):  
Ed Johnston

This paper will examine the changing role played by the judiciary in criminal trials. The paper examines the genesis of the adversarial criminal trial that was born out of lifting the prohibition on defence counsel in trials of treason. The paper will chart the rise of judicial passivity as lawyers dominated trials. Finally, the paper examines the rise of the interventionist judiciary in the wake of the Auld Review that launched an attack on the inefficiencies of the modern trial. To tackle the inefficiencies, the Criminal Procedure Rules allowed the judiciary to reassume a role of active case management. The impact an interventionist judiciary has for adversarial criminal justice is examined. The paper finds that a departure from traditional adversarial has occurred; the criminal justice process has shifted to a new form of process, driven by a managerial agenda.


1969 ◽  
Vol 33 (3) ◽  
pp. 355-360
Author(s):  
JA DiBiaggio
Keyword(s):  

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