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Guilty pleas in an inquisitorial setting : an empirical study of France
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Soubise, Laurene (2018) Guilty pleas in an inquisitorial setting : an empirical study of France. Journal of Law and Society, 45 (3). pp. 398-426. doi:10.1111/jols.12121 ISSN 0263-323X.
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Official URL: https://doi.org/10.1111/jols.12121
Abstract
Anglo‐American guilty pleas have inspired criminal justice reformers in many inquisitorially based systems in recent years, in response to caseload pressures. In France, two different procedures based on the defendant's confession were introduced in 1999 and 2004 respectively: an out‐of‐court disposal (the composition pénale) and a prosecution pathway (the comparution sur reconnaissance préalable de culpabilité). Basing its analysis upon direct observations and interviews with French public prosecutors, this article examines the impact of these procedures on the French criminal justice system and its actors. Rather than a move from an inquisitorial to a more adversarial system, data collected for this study show a bureaucratization of the French criminal justice process. The role of public prosecutors is changing from that of judicial officers to caseload managers who have delegated part of their workload to less qualified staff for efficiency purposes.
Item Type: | Journal Article | ||||||||
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Divisions: | Faculty of Social Sciences > School of Law | ||||||||
Journal or Publication Title: | Journal of Law and Society | ||||||||
Publisher: | Wiley-Blackwell Publishing Ltd. | ||||||||
ISSN: | 0263-323X | ||||||||
Official Date: | September 2018 | ||||||||
Dates: |
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Volume: | 45 | ||||||||
Number: | 3 | ||||||||
Page Range: | pp. 398-426 | ||||||||
DOI: | 10.1111/jols.12121 | ||||||||
Status: | Peer Reviewed | ||||||||
Publication Status: | Published | ||||||||
Reuse Statement (publisher, data, author rights): | This is the peer reviewed version of the following article: Soubise, L. (2018), Guilty Pleas in an Inquisitorial Setting – An Empirical Study of France. Journal of Law and Society, 45: 398-426. doi:10.1111/jols.12121, which has been published in final form at https://doi.org/10.1111/jols.12121. This article may be used for non-commercial purposes in accordance with Wiley Terms and Conditions for Use of Self-Archived Versions. | ||||||||
Access rights to Published version: | Restricted or Subscription Access | ||||||||
Date of first compliant deposit: | 8 August 2018 | ||||||||
Date of first compliant Open Access: | 21 February 2019 | ||||||||
RIOXX Funder/Project Grant: |
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