Question 1

Write a comparative essay on the historical development either of the judiciary, the law, or both in France and England; indicate how the past either continues to influence or does not influence these modern aspects of the justice systems of these two countries.

Accepted Answer

The historical development of the judiciary and the law in France and England has been shaped by their unique political, social, and cultural contexts. In France, the judiciary and the law have been heavily influenced by the Napoleonic Code, which was established in the early 19th century and continues to have a significant impact on the French legal system. This code emphasized the principles of equality before the law and the protection of individual rights, and it laid the foundation for the modern French legal system.

In contrast, the development of the judiciary and the law in England has been shaped by a long history of common law traditions, which have evolved over centuries through judicial decisions and legal precedents. The English legal system is characterized by its reliance on case law and the principle of stare decisis, which requires lower courts to follow the decisions of higher courts. This emphasis on precedent has contributed to the stability and predictability of the English legal system.

Despite these historical differences, both France and England have modern justice systems that continue to be influenced by their respective pasts. In France, the Napoleonic Code continues to serve as the foundation of the legal system, and its principles of equality and individual rights remain central to French law. Similarly, in England, the common law tradition and the principle of stare decisis continue to shape the development of the judiciary and the law.

However, it is also important to note that both countries have undergone significant legal reforms in recent years, which have led to some divergence from their historical traditions. For example, France has implemented reforms aimed at modernizing its legal system and improving access to justice, while England has seen changes in response to the increasing influence of European Union law.

In conclusion, the historical development of the judiciary and the law in France and England has had a lasting impact on their modern justice systems. While both countries continue to be influenced by their respective legal traditions, they have also adapted to the changing needs of society through legal reforms. As a result, the modern justice systems of France and England reflect a balance between historical continuity and adaptation to contemporary challenges.

Question 2

The president of France is limited to two consecutive terms in office

Accepted Answer

A) True 
 B)False  False

Question 3

Write an essay in which you first explain the differences in Herbert Packer's Crime Control and Due Process Models and then discuss which model best represents the criminal process of France.

Accepted Answer

Herbert Packer's Crime Control and Due Process Models are two contrasting approaches to the criminal justice system. The Crime Control Model emphasizes the importance of reducing crime and protecting society through the efficient and swift processing of criminal cases. This model prioritizes the need for law enforcement to apprehend and punish offenders, often at the expense of individual rights and due process protections. On the other hand, the Due Process Model focuses on safeguarding the rights of the accused and ensuring fair and just treatment throughout the criminal process. This model emphasizes the presumption of innocence, the right to a fair trial, and the principle that it is better to let a guilty person go free than to convict an innocent person.

When considering the criminal process in France, it is evident that the Due Process Model best represents the country's approach to criminal justice. France has a legal system that places a strong emphasis on protecting the rights of the accused and ensuring fair treatment throughout the criminal process. The French legal system is rooted in the principles of the Napoleonic Code, which prioritizes due process protections and the presumption of innocence. In France, individuals accused of crimes are afforded a range of legal rights, including the right to legal representation, the right to a fair trial, and the right to be presumed innocent until proven guilty.

Furthermore, the French criminal justice system places a significant emphasis on the investigative phase of criminal cases, ensuring that evidence is thoroughly examined and that the rights of the accused are respected. This aligns with the principles of the Due Process Model, which emphasizes the importance of procedural fairness and the protection of individual rights.

In conclusion, while both the Crime Control and Due Process Models offer valuable perspectives on the criminal justice system, the Due Process Model best represents the criminal process of France. The emphasis on protecting the rights of the accused and ensuring fair treatment throughout the criminal process aligns with the principles and practices of the French legal system.

Question 4

The 1994 Penal Code of France stipulates a maximum and minimum sentence for all offenses

Accepted Answer

A) True 
 B)False

Question 5

As is the case in England and the United States, French judges may issue dissenting opinions when ruling on cases on appeal

Accepted Answer

A) True 
 B)False

Question 6

The period of training for judges and procurators in France is approximately:

Accepted Answer

A)   31 months
B)   24 months
C)   12 months
D)   6 months

Question 7

If the judicial police of France conduct an illegal search, they can be subject to:

Accepted Answer

A)   disciplinary action
B)   penal sanctions
C)   civil proceedings
D)   all of these

Question 8

For most offenses, the French police can detain a juvenile for up to:

Accepted Answer

A)   36 hours
B)   24 hours
C)   18 hours
D)   12 hours

Question 9

In all French trial courts, judges sit in panels of three to hear the case

Accepted Answer

A) True 
 B)False

Question 10

In France, warrants for searches and seizures are issued by:

Accepted Answer

A)   the judicial police
B)   the post-sentencing judge
C)   the investigating judge
D)   the clerk of the court

Question 11

The age of adult responsibility in France is:

Accepted Answer

A)   16
B)   18
C)   20
D)   21

Question 12

In the French National Police, more than 50 percent of the commissioners of police hold university degrees

Accepted Answer

A) True 
 B)False

Question 13

The person largely responsible for initiating efforts at decentralizing France's system of government was:

Accepted Answer

A)   Charles de Gaulle
B)   Valery Giscard d'Estaing
C)   Jean-Marie Le Pen
D)   Francois Mitterrand

Question 14

Identify and explain the significance of these items in one or two paragraphs.
-investigating judge

Accepted Answer

The answer of Identify and explain the significance of these...

Question 15

When a person is found guilty of a contravention in France, the sanction is limited to a fine, a noncustodial sentence, or both

Accepted Answer

A) True 
 B)False

Question 16

Identify four critical issues confronting the French criminal justice system and write an essay in which you explain why they are critical. No more than two issues can come from the same component of the justice system, that is, the police, the judiciary, law, corrections, and juvenile justice.

Accepted Answer

The answer of Identify four critical issues confronting the French...

Question 17

Identify and explain the significance of these items in one or two paragraphs.
-National Gendarmerie

Accepted Answer

The answer of Identify and explain the significance of these...

Question 18

Identify and explain the significance of these items in one or two paragraphs.
-courts of assize

Accepted Answer

The answer of Identify and explain the significance of these...

Question 19

The French post-sentencing judge is responsible for:

Accepted Answer

A)   presiding over a criminal trial
B)   sentencing a person found guilty by a trial court
C)   sentencing those people who have agreed to plea bargain
D)   controlling the post-sentencing phase of the criminal process

Question 20

In France, witnesses who declare knowledge of a crime but refuse to answer questions posed to them by an investigating judge can be sentenced to jail for up to one year

Accepted Answer

A) True 
 B)False

Exam 2: France

Write a comparative essay on the historical development either of the judiciary, the law, or both in France and England; indicate how the past either continues to influence or does not influence these modern aspects of the justice systems of these two countries.

The president of France is limited to two consecutive terms in office

Write an essay in which you first explain the differences in Herbert Packer's Crime Control and Due Process Models and then discuss which model best represents the criminal process of France.

The 1994 Penal Code of France stipulates a maximum and minimum sentence for all offenses

As is the case in England and the United States, French judges may issue dissenting opinions when ruling on cases on appeal

The period of training for judges and procurators in France is approximately:

If the judicial police of France conduct an illegal search, they can be subject to:

For most offenses, the French police can detain a juvenile for up to:

In all French trial courts, judges sit in panels of three to hear the case

In France, warrants for searches and seizures are issued by:

The age of adult responsibility in France is:

In the French National Police, more than 50 percent of the commissioners of police hold university degrees

The person largely responsible for initiating efforts at decentralizing France's system of government was:

Identify and explain the significance of these items in one or two paragraphs. -investigating judge

When a person is found guilty of a contravention in France, the sanction is limited to a fine, a noncustodial sentence, or both

Identify four critical issues confronting the French criminal justice system and write an essay in which you explain why they are critical. No more than two issues can come from the same component of the justice system, that is, the police, the judiciary, law, corrections, and juvenile justice.

Identify and explain the significance of these items in one or two paragraphs. -National Gendarmerie

Identify and explain the significance of these items in one or two paragraphs. -courts of assize

The French post-sentencing judge is responsible for:

In France, witnesses who declare knowledge of a crime but refuse to answer questions posed to them by an investigating judge can be sentenced to jail for up to one year