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Jury et démocratie : une liaison fructueuse ? : l'exemple de la cour d'assises française

Abstract : This thesis is about the criminal jury as a political institution. It wants to explore the eventual relationships between jury and democracy. The point of view is historical, sociological and political, because the subject has implications in these three fields. The approach is global : one of the aims of this inquiry is to look for a correlation between the existence of jurors choosen by random selection and the democracy as a political organization, but also local : the other aim of the work is to determine if the french mixed court with jury and judges still answers to criterians of democracy. Two ways have been explorated. In one part, the analysis of three reforms of the french court shows that it evolved in a democratic way because of the recruiting by real random selection (1978) and offers to the attorney and the convicted a possibility of appeal (2000-2002). Therefore the reform of 1941 has limited the jury's power and, in a way, its sovereignty.. In the other part, 39 interviews with jurymen and 18 with judges have permitted to identify the type of relationship between jurors and judges and to see how they work together. It seems that, beacause judges are professionnal and jurymen not, it's quite difficult to have a real equality between them. Thus, one of the principles of the democracy one man, one voice cannot be efficient in this kind of court. But, the juror becomes,after his experience, a citizen who gets a new way to look crime and criminals. The situation he is put through is fragilizing him but in the end, this experience was, an eye-opener for him.
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https://tel.archives-ouvertes.fr/tel-00262251
Contributor : Ens Cachan Bibliothèque <>
Submitted on : Tuesday, March 11, 2008 - 11:27:20 AM
Last modification on : Friday, January 15, 2021 - 11:58:31 AM
Long-term archiving on: : Thursday, May 20, 2010 - 8:51:16 PM

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  • HAL Id : tel-00262251, version 1

Citation

Dominique Vernier. Jury et démocratie : une liaison fructueuse ? : l'exemple de la cour d'assises française. Sociologie. École normale supérieure de Cachan - ENS Cachan, 2007. Français. ⟨tel-00262251⟩

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