A Comparison of Criminal Justice Systems

Both France and the United States have criminal justice systems that attempt to control crime and criminals, employ a penal system that uses regional prisons, police, and court system. But that may be where the similarities end. On the surface the two systems appear similar but when one looks beneath the veneer, the systems have glaring differences.

France is a powerful country that has a political system with a centralized administrative government. At the same time, its civil service system is decentralized and while all regions are covered services vary by regional need. In this way, the French receive the benefits of a centralized government while maintaining a certain amount of autonomy. France's criminal justice system is based on the Roman legal institution known as civil law.

The United States political system is based on a unified organization where power is shared between the federal government and state governments. This system guarantees the autonomy of each state while utilizing a centralized government. The US justice system is based on the British common law.

France has a National Centralized Police force, based on the extinct Roman Empire system, which is charged with maintaining order in both local communities and the nation. At one time Paris had it own police charged with protecting the King from Nobles who controlled the provinces. French police today continue to represent the centralized government and incorporate Paris in its ranks. There is a national police force called the National Gendarmerie. This military force is directly controlled by the Ministry of Defense, working within the army, air force, navy, and in French controlled territories. They will also police within France in small brigades where the local population is less than 10,000 people.

French police work in a variety of areas, such as prevention of delinquency, illegal immigration control, organized crime, drug enforcement, and anti-terrorism (Terrell 220). Because the French police are a part of the centralized government, officers have more ability to intervene in the individual lives of the French people. French citizens view the police as representatives of the government. Add to this that the police work closely with the judicial authorities and one can see why the French do not have a clear understanding of what role the police play. A factor that many French may not be familiar with is that centralized police forces are often associated with totalitarian regimens, a coincidence that conflicts dramatically with the idea of liberty that the French people idolize.

The US police forces developed under different circumstances. Militia were originally formed in the Colonies to protect and control the Native Americans and, later, slaves. Each region developed its own security force and often these forces would operate autonomously. Cities developed there own police forces that were usually operated under the control of the city government.

Today, the US police forces are organized at local, state, and federal levels reflecting the federal system. Local policing duties are divided between local municipalities and counties. Cities, towns and villages have the ability to have their own police force and many do while others rely on county Sheriff's department for enforcement and policing. The size of these forces is dependent on the population of the area being policed. States also have their own police forces. Divided into regions and often policing unincorporated rural areas, these agencies often investigate fires, fish and game violations, crimes against the state (welfare fraud, alcohol licensing violations) and highway traffic infractions.

The Federal Government's police force is broken up into several different agencies. The Federal Bureau of Investigation, supposedly independent of any current administration, operates when federal laws have been broken, a crime is committed in more than one state, or the crime threatens national security (though this may have changed due to the creation of Homeland Security). The Drug Enforcement Agency polices illegal drug use, production, and importing. The Treasury Department has its T-men looking into crimes against the financial well-being of the country. The Alcohol, Tobacco, and Firearm agency police those crimes relating to alcohol, tobacco, and firearms. US Customs officials deal with border violations while the Immigration and Naturalization Service deals with illegal aliens.

In the past, police agencies in the US have been accused of corruption and the 'Good-Old Boy" network of hiring practices. Recently, charges of racism, racial profiling, and use of excessive force have been made by concerned citizens and organizations. The fragmentation of the different agencies has caused problems as well. Cooperation between federal and local police authorities is often problematic when dealing with jurisdictional issues. Often the result of this agency bickering and one-up-manship is the loss of the goal. The agencies lose sight of the fact that the criminal justice system is all inclusive.

Both nations work to recruit people who have an aptitude for police work, have passed through testing, and finished training in police academies. In the US, many police officers are recruited from colleges offering criminal justice programs.

The court system in France falls under the jurisdiction of the Minister of Justice. The courts are divided into different levels and types depending upon the issues being addressed. The Court of Cassation is the highest court in France and its function is primarily to ensure that French laws are correctly interpreted and standardly applied across the country. The court is comprised of 6 divisions with 120 judges. While the US Supreme Court has the same goals as its French counterpart, it does not have as the divisions and personnel the French do.

The Court of Appeals in France has 35 physical sites handling civil and criminal matters that have come before lower courts. The Courts of Major Jurisdiction has 181 courts divided into 3 main groups and addressing civil, correctional, and misdemeanors. The Courts of Minor Jurisdiction has over 400 courts and is a police tribunal with one judge making decisions. In the French system the major players work together to reach a decision. Judges, prosecutors, police, and corrections personnel all contribute to the process.

As France's legal system and laws are applied nationally and at all levels a direct comparison to the US system is not easily achieved. Some levels can be compared, such as the Court of Cassation and the Supreme Court and the Court of Appeals in both countries.

The US court system is a dual system which runs independently of each other. The federal system is comprised of district courts, circuit courts of appeals, and the United Stated Supreme Court. The state system includes trial courts at the local and state levels, intermediate courts of appeal, and state Supreme Court (Gaines and Miller 13). The primary agents working together are the judge, prosecutor, and defense attorney.

In France, if a person wants to become a lawyer, he or she is facing a significantly long term of study. After obtaining an undergraduate degree a law student takes another 4 years of legal foundation courses: 2 years of history economy, sociology, constitutional and administrative law and the last 2 years of business law, civil liberties, employment law, and tax law (Terrill 249). The student can obtain a law license during the third year and a full law degree at the end of the fourth year. Afterward he or she must pass two more exams, one of them to permit the person to take part in professional court, and apprentice with an advocate. The second exam is about the professional aptitude.If the new lawyer wants to become a judge or prosecutor, or member of the administration of justice, he or she has to go to the National School for the Judiciary in Bordeaux for 31 months, pass the course work, trainer class, and work in the field. Then he or she must pass an oral and written exam. Finally, those who successfully meet all the requirements can begin an apprenticeship with a judge or in an office of the prosecutor. After completing the apprenticeship, the lawyer starts his or her career as either judge or prosecutor. They become a member of the judiciary appointed by the minister of Justice (no elected judges).

The American law student has just three years of graduate study after obtaining an undergraduate degree in any field. While the undergraduate degree may be in basket weaving, a liberal arts background with emphasis in writing, analytical thinking, and comprehension are recommended to pass the LSAT examination, the primary exam used by law schools to determine entrance. Law students can take part in an internship if desired but it is not mandatory. Upon completion of the 3 years, the student is granted a Juries Doctor degree. Each state requires that a specific Bar examination be passed prior to practicing law in the respective state.

During law school students learn about preexisting cases. These cases may have set precedent in the law and are important if the individual is interested in becoming a judge but are not a prerequisite to doing so. The lawyer in US doesn't have to take specific course or exam to be a judge or prosecutor. All that is required are enough votes to be elected. In the highest courts, Judges are appointed by either state or federal officials.

In the French system, judicial decisions are made in a group and often are kept secret. They are not required to give any supporting evidence or explanation regarding the decision. This may be the reason that the judiciary in France has not reached the stellar prestige of many US judges.

France established the Code of Criminal Instruction and the Penal Code in the early 1800's. The Criminal Procedure has its basis in the inquisitorial system. There is no parallel to the American system. The Criminal Procedure provides the French authorities with the power to detain and arrest without cause, no limitations on search and seizure, no plea bargaining unless the defendant is a juvenile and the punishment is a fine, and defendants are not provided with a jury of their peers. These are principles that are fundamental to the American criminal system.

The United States system follows the principles that were inherited from English Common law. That tradition establishes that the decision is made on the basis of the Rule of Precedent. Fundamentally, each case resolved before serve as references and guides for the new one. Occasionally, a new aspect of law maybe discovered or determined and precedent is set. The US system allows for presumption of innocence, plea bargaining, trial by jury, and the right to a speedy trial. These aspects make the US justice system more flexible and easier to meet the needs of the people.

Except for the prisoner who has been sentenced to prison for life, the French penal system is regimented into several levels. There are no sentences longer than 10 years or shorter than 6 months. Upon entrance into the penal system, the prisoner is isolated for a determined period of time. Once this acclimation period has passed, the inmate will be allowed to work within the prison with other inmates for at least one year. Following this, the inmate will be allowed to work outside the prison during the day but return each night. After completing at least 6 months of this work release program, the inmate is granted parole for a period no greater than 3 three years. Upon completion of parole, the inmate is released from the penal system. There are not prison terms for petty offenses; conviction results in fines or a non-custodial sentence. Jails in France are used for the purpose of detention prior to trial and for sentences less than one year. There are special institutions established for individuals determined to be insane and others determined to be particularly dangerous.

The United States penal system, like the judicial system, is divided into federal and state and local levels. The prison system is supported by government funds. The largest penal systems are located in New York, California, and Arizona. Sentences in the US justice system tend to be significantly longer than in France and many states have adopted the three strikes law which forces judges to sentence a defendant to life imprisonment for their third felony offense. The penal system in the US is facing major problems due to overcrowding, gang and drug activity within the prisons, the imprisonment of mentally ill individuals, increase of sex offenders, and extremely violent offenders. Privatization of the prison systems is being adopted in many regions of the country as prisons are becoming more and more overcrowded.

In France a child is not considered an adult until the age of 18. Children age 16 and 17 who find themselves in the criminal justice system face a variety of alternatives to the penal system depending on the circumstances of each case and the types of crimes. 13 - 15 year old adolescents can find that the system is even more lenient. For children under 13, regardless of the crime, the social welfare system protects the child. Most juveniles do not go to jail. The process is often handled within judges chambers and includes parental participation. This is changing though as more and more French juveniles are committing adult type crimes and the rate of juvenile delinquency is rising.

Juvenile offenses and crimes in the US vary in each state and all are dependent on the age of the defendant. For example, in New York State, a juvenile status is considered if the individual is more than 7 but less than 16 year old, unless it is murder then the individual can be 13 or if charged with rape then the defendant can be as young as 14. Contrary to the French system, the tendency in New York and possibly in the rest of the US is to treat the offender as an adult and increase the levels of punishment including incarceration.

It is my belief that American society must confront the issues of poverty, racism, and other societal wrongs in order to attack the real causes of the problems within the judicial and penal systems. The French system, while lacking many of the rights that Americans have come to take for granted, seems to be a more evenly and fairly applied system, especially in it penal system. The US justice system seems to offer a better approach to protecting the rights of the defendant and the presumption of innocence but its penal system is falling apart. Perhaps a combination of the two systems would be an improvement for both countries.

References

Fagin, James A., Criminal Justice (2005)
Gaines, Larry K. and Roger Le Roy Miller, Criminal Justice in Action (2006).
Terrill, Richard J., World Criminal Justice System. A Survey (2007),