Research Paper – France

Introduction

The French criminal justice system is characterized by an interesting blend of a civil law tradition and innovations in modern-day legislation. This understanding relies mainly on this system’s historical roots, legal framework, and procedural characteristics. This paper aims to unfold the different parts of the criminal justice system in France and elaborate on them in the context of socio-economic and international relations, especially with the United States of America.

Country Analysis

Introduction to the country: France, a well-known political figure in the world and a member of the European Union is a living example of the well-being of people, progressiveness, and cultural heritage. The legal basis of this state is civil law – the remnants of Roman and Napoleonic legal doctrines (Pakes, 2019).

People and Society: French society is diverse, especially in terms of radicalism, human rights, and public liberties. These values are the cornerstone of a system of law and institutions that define the nation.

Economy: The French economy, one of the largest global economic systems, mixes free market structure, the state ownership sector, and government intervention. The exact economic conditions indirectly determine the criminal justice system’s policies, especially in white-collar crimes, financial fraud, and criminal socio-spending (Anser et al., 2020).

Transnational Issues: The Republic of France faces different types of transnational crimes, such as drug trafficking, terrorism as well as human trafficking. These issues impose the necessity of establishing strong legal systems and international cohesion by allies like the United States.

Relations with the U.S.: France, as well as the United States, have built a strong partnership over the years, working closely together in the field of defense, intelligence, and law enforcement, considering the treaties of extradition, data sharing, and counter-terrorism efforts.

The Criminal Justice System

Government Structure: The structure and functioning of the justice system in France are very central to the central government (Jouet,2022). This is centralcentralizescement, legal proceedings, and penal policies that lead to national standard setting no matter the region. Meanwhile, the criminal justice standards and practices are consistent. The centralized features also allow for smooth decision-making and policy implementation, which proves essential to adjusting for new challenges and maintaining unity in legal approaches across the country. This system is nonsimilar to other countries’ centralized systems, where the community can see differences within the criminal justice framework.

Basis of Law: The French legal system originated in the Napoleonic Code, which is mostly based on written statutes and civil law principles that apply to criminal law (Pakes, 2019). Codifying such an approach produces a consistent, transparent, and readily applicable legal framework within which cases are resolved uniformly across the country. The tributor of the Napoleonic Code is not just limited to France but has its counterpart in the legal systems used in different parts of the world, proving its great influence on global legal practices. Adherence to written laws ensures uniformity and predictability in decision-making, which are the foundation of a reasonable, fair, and just legal process.

Police: French law enforcement is specific because it has a two-pronged structure, with the National Police appointed for city areas and the Gendarmerie responsible for country territories. Thus, the segmentation of the region into different specialized attention for the unique needs and challenges experienced in different areas, either urban or rural, is ensured. The plural system allows for differentiated methods for preventing and combating crime, community relations, and policing that represent the specific circumstances of different places in the French territory.

Court: What makes the French legal system interesting is that it is divided into the judiciary and administrative courts, which deal with civil and criminal matters, as well as disputes between parties and government bodies (Pakes, 2019). This split allows for the specialized care of cases; thereby, the experts with the relevant educational background that suits the particular issues of law address them. Judiciary branch: Disputes between individual rights and duties are resolved, and administrative branch: Public administration and governance issues are facilitated, thus creating an orderly and efficient legal process.

Corrections: The devices with which France corrects offenders focus on socially rehabilitating and reintegrating them into society, targeting recidivism reduction and constructing a positive community member (Fovet et al., 2020). However, nobody claims that it is perfect, as some serious problems have to be resolved, for example., overcrowding in prisons and providing enough support for mental health institutions. With crowdedness, it is not easy to address the situation correctly and provide effective rehabilitation. The absence of the necessary mental health services worsens the situation because some underlying problem might cause criminal conduct, and the released convicts might not be well prepared to settle in society after their release.

Criminal Procedure: French criminal justice is well-known for its adherence to two uniquely fundamental principles of a legal process: the presumption of innocence and the defense rights, which can provide a judge-free trial to the accused. This system is inquisitorial, where the investigating judges are the most important actors collecting evidence and deciding the process to proceed with. This stands opposed to adversarial systems while giving a well-rounded picture of the case, and this way, before reaching a verdict, all significant facts are taken into account.

Human Rights Aspects of the CJ System: While France continues to stand by the international standard that justice should be granted concerning human rights, some issues need urgent remedies within the country, particularly in prison treatment of minority groups and provision of quality mental health services to inmates (Simpson et al., 2022). The problems of the correctional system, which are overcrowding and inadequate health care, directly affect the human rights of those who are incarcerated. Additionally, systemic problems of discrimination and inequality still operate in the criminal justice system as a preventative factor for the fair and equitable treatment of people, which invariably means that reforms and human rights principles need to be constantly on the agenda.

Conclusion

The French criminal justice system precisely embodies the tangle of the country’s history, culture, and societal structure. Although founded on comprehensive juridical foundations, it still keeps abreast of them in their contemporary versions. The interaction of different system components exhibits the need for continuous reform to build cooperation across the board, including common issues like cross-border, transnational crimes, and human rights violations. It is necessary to grasp the cause and effect of this situation to set up a consistent system of justice and, at the same time, democratic values and universal obligations.

References

Anser, M. K., Yousaf, Z., Nassani, A. A., Alotaibi, S. M., Kabbani, A., & Zaman, K. (2020). Dynamic linkages between poverty, inequality, crime, and social expenditures in a panel of 16 countries: two-step GMM estimates. Journal of Economic Structures, 9, 1-25.

Fovet, T., Thibaut, F., Parsons, A., Salize, H. J., Thomas, P., & Lancelevée, C. (2020). Mental health and the criminal justice system in France: a narrative review. Forensic Science International: Mind and Law, 1, 100028.

Jouet, M. (2022). Foucault, prison, and human rights: A dialectic of theory and criminal justice reform. Theoretical Criminology, 26(2), 202–223.

Pakes, F. (2019). Comparative criminal justice. Routledge.

Simpson, A. I., Gerritsen, C., Maheandiran, M., Adamo, V., Vogel, T., & Jones, R. M. (2022). A systematic review of correctional mental health services reviews using the STAIR Framework—frontiers in Psychiatry, p. 12, 747202.