NCJ Number
49496
Journal
Revue de science criminelle et de droit penal compare Issue: 4 Dated: (OCTOBER-DECEMBER 1977) Pages: 723-753
Date Published
1977
Length
31 pages
Annotation
THE GRADUAL INCORPORATION OF PENALTIES INTO THE FRENCH CRIMINAL JUSTICE SYSTEM, BASED ON THE NATURE OF THE INDIVIDUAL RATHER THAN ON THE NATURE OF THE CRIME, IS EXAMINED.
Abstract
INDIVIDUALIZATION WITH REGARD TO SENTENCING WENT UNRECOGNIZED UNTIL 1810, WITH JUDICIAL DISCRETION TO DECISIONMAKING DEVELOPING MUCH LATER. BY 1976, THE ROUGH DRAFT OF THE NEW FRENCH PENAL CODE HAD ACCEPTED THE PRINCIPLE OF INDIVIDUALIZATION. ATTENTION SHIFTED TO THE OBJECTIVE OF SOCIAL REINTEGRATION RATHER THAN RIGID PUNISHMENT, WITH JUDGES ATTEMPTING TO UNDERSTAND THE TOTAL CIRCUMSTANCES AFFECTING OFFENDERS AND TO COOPERATE CLOSELY WITH LEGISLATORS IN IMPROVING THE CRIMINAL JUSTICE SYSTEM. THE POSSIBILITIES OPEN TO JUDICIAL AUTHORITIES BECAUSE OF INDIVIDUAL TREATMENT INCREASED SUBSTANTIALLY, WITH A HIGHLY DEVELOPED PENAL CODE ALLOWING FOR ALTERNATIVES TO INSTITUTIONALIZATION COMBINED WITH PERIODS OF IMPRISONMENT, AS WELL AS OTHER REFORMS. CURRENTLY, PUNISHMENT CAN BECOME EFFECTIVE IMMEDIATELY OR BE DELAYED, ACCORDING TO INDIVIDUAL NEEDS. INDIVIDUALIZATION HAS INCREASED JUDICIAL AUTHORITY, BUT THAT POWER IS CONSTRAINED SIMPLY BECAUSE ATTENTION IS FOCUSED ON PERSONS, NOT ACTS. ALSO, INDIVIDUALIZATION HAS CHANGED THE NATURE OF THE JUDICIAL ROLE, IMPLYING THAT JUDGES MUST DETERMINE SENTENCES BASED ON WHAT IS MOST PROMISING FOR SOCIAL REINTEGRATION AND CHANGE THEIR DECISIONS AS OFTEN AS NECESSARY TO BRING ABOUT SUCH REINTEGRATION. FOOTNOTES SUPPLEMENT THE TEXT. --IN FRENCH. (MHP)