A little more citizens in justice, but also a little less

A little more citizens in justice, but also a little less
By Michel Huyette


As already indicated here, year 2012 begins two important developments of the place of the citizens in the criminal judicial process.

The Court of Assizes, the number of jurors decreases in a non-negligible proportion. They were to date 9 trial and 12 on appeal, they are now respectively 6 and 9 (for more details read here). As already noted, this reduction in the number of jurors is explained by the creation of the assessors citizens, the functioning of the courts of Assizes being so far quite satisfactory.

In addition, the correctional courts to courts of appeal of Dijon and Toulouse see arrive, for some cases, the assessors citizens. This is an experiment whose balance will be made later (for more details read not. here, here, here).

This week were held the first hearings with these new citizens judges. Often to many journalists who have published several comments.

Dijon, new citizens assessors sat in two cases (read here) and declared themselves are moved (read here).

It will report that one of them said once completed his work: "easy criticism of justice but today I better took the measure of the work of magistrates and seen how this was going on behind". It understood that the person concerned realized that between opinions on justice exchanged the coffee trade and judicial reality there may be significant differences. One would almost wish that all the French without exception are one after the other designated citizens assessors.

Another said: "I asked many questions of the magistrates, they responded to each." They let us consult the files, look at the pictures. "This day has been very rewarding." This confirms that it is essential that the time for each file is significantly increased over time to the only professional judges. Hence, as a result, a risk still present cases delay since their number shall be reduced at the hearings where citizens assessors are called.

A Toulouse (read here), the first hearings seem to be well spent.

One of the assessors, under the pressure of the media or because citizens that he has not understood what is the secrecy of the deliberations, told journalists: "In the two cases that we had to try, it not was divergence of views." "We were all more or less agree on the decision to make." It indicates implied that the professional magistrates did not have a radically different point of view despite their experience and their references.

It will finally report that several cases dealt with in the presence of assessors citizens were unsuccessful and relaxed. While at departure it had been clearly announced to the highest Summit of the State that the purpose of the reform was mainly to get the tougher decisions, professional judges being suspected of laxity, these first fabulous appear to confirm that the French called upon to decide is not mechanical programmed to condemn indiscriminately.

It is probably what made tell a representative of the public prosecutor (the Prosecutor of the Republic service) local: "those who want a strengthening of the correctional courts of this reform are wrong, because there is in the courts of Assizes citizens placed in the position of judging are or less, or more severe than the professional judges".

This was no doubt. Because there was no reason to not believe in the intelligence of the French called to judge from the professional judges.