{"title":"你当我是白痴还是什么?从司法合法性和治疗法学角度分析法国重罪法庭","authors":"Martine Herzog-Evans","doi":"10.1177/20662203241281023","DOIUrl":null,"url":null,"abstract":"French literature pertaining to felony courts has used quantitative-descriptive or sociological critical approaches. It has portrayed an assembly line system where offenders are industrially processed. However, this literature has not documented the consequences this processing has on the interactions between the accused and judicial practitioners. This article attempts to bridge this gap. It analyses the felony hearings which took place during a year in the three chambers of a local court, by using a semi-ethnographic methodology. Data was coded with a legitimacy of justice-procedural justice-therapeutic jurisprudence (LJ-PJ-TJ) analytical grid. In the majority of cases, the interactions with the accused did not meet LJ-PJ-TJ criteria. French felony courts are noisy, summary, and dehumanised. However, there were interesting exceptions to this rule: the collegial chamber was significantly more respectful and dignified than the one-judge chamber; at an individual level, a strong minority of judges meet the majority of the LJ-PJ-TJ criteria.","PeriodicalId":44523,"journal":{"name":"European Journal of Probation","volume":"2 1","pages":""},"PeriodicalIF":0.8000,"publicationDate":"2024-09-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"‘You take me for a moron or what’? Analysing French felony courts through legitimacy of justice and therapeutic jurisprudence lenses\",\"authors\":\"Martine Herzog-Evans\",\"doi\":\"10.1177/20662203241281023\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"French literature pertaining to felony courts has used quantitative-descriptive or sociological critical approaches. It has portrayed an assembly line system where offenders are industrially processed. However, this literature has not documented the consequences this processing has on the interactions between the accused and judicial practitioners. This article attempts to bridge this gap. It analyses the felony hearings which took place during a year in the three chambers of a local court, by using a semi-ethnographic methodology. Data was coded with a legitimacy of justice-procedural justice-therapeutic jurisprudence (LJ-PJ-TJ) analytical grid. In the majority of cases, the interactions with the accused did not meet LJ-PJ-TJ criteria. French felony courts are noisy, summary, and dehumanised. However, there were interesting exceptions to this rule: the collegial chamber was significantly more respectful and dignified than the one-judge chamber; at an individual level, a strong minority of judges meet the majority of the LJ-PJ-TJ criteria.\",\"PeriodicalId\":44523,\"journal\":{\"name\":\"European Journal of Probation\",\"volume\":\"2 1\",\"pages\":\"\"},\"PeriodicalIF\":0.8000,\"publicationDate\":\"2024-09-04\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"European Journal of Probation\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1177/20662203241281023\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q4\",\"JCRName\":\"CRIMINOLOGY & PENOLOGY\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"European Journal of Probation","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1177/20662203241281023","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q4","JCRName":"CRIMINOLOGY & PENOLOGY","Score":null,"Total":0}
‘You take me for a moron or what’? Analysing French felony courts through legitimacy of justice and therapeutic jurisprudence lenses
French literature pertaining to felony courts has used quantitative-descriptive or sociological critical approaches. It has portrayed an assembly line system where offenders are industrially processed. However, this literature has not documented the consequences this processing has on the interactions between the accused and judicial practitioners. This article attempts to bridge this gap. It analyses the felony hearings which took place during a year in the three chambers of a local court, by using a semi-ethnographic methodology. Data was coded with a legitimacy of justice-procedural justice-therapeutic jurisprudence (LJ-PJ-TJ) analytical grid. In the majority of cases, the interactions with the accused did not meet LJ-PJ-TJ criteria. French felony courts are noisy, summary, and dehumanised. However, there were interesting exceptions to this rule: the collegial chamber was significantly more respectful and dignified than the one-judge chamber; at an individual level, a strong minority of judges meet the majority of the LJ-PJ-TJ criteria.