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Crime and Justice
Article
Data sources: UnpayWall
Crime and Justice
Article . 2016 . Peer-reviewed
Data sources: Crossref
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Understanding the Sentencing Process in France

Authors: Hodgson, Jacqueline; Soubise, Laurene;

Understanding the Sentencing Process in France

Abstract

French sentencing is characterized by broad judicial discretion and an ethos of individualized justice focused on rehabilitation. The aims are to prevent recidivism, and so protect the interests of society, while reintegrating the offender. By contrast, the political Right, characterized by the recent Sarkozy regime, favors deterrence through harsher penalties, minimum prison sentences, increased incarceration, and preventive detention of offenders considered dangerous. The sentencing process can be understood only within the broader context of inquisitorially rooted criminal procedure. The central part played by the prosecutor (including in case disposition through alternative sanctions) and her role in recommending sentences that the court almost invariably endorses, together with the unitary nature of the judicial profession, means that there is remarkable consistency in penalties imposed. The contrainte pénale, based on a reconsideration of the range of available penalties put forward by the Consensus Commission and legislated in 2014, is unlikely to have great impact without investment in the probation service and a change in the judicial culture that still favors simple sentencing options, including imprisonment, compared with alternatives now in place.

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
9
Average
Average
Average
Green
bronze