La Cour d'assises : une juridiction séculaire et atypique en perpétuelle quête de rénovation.

Abstract : The French "Cour d'assises" : an age-old and atypical court of laws constantly reforming itself. The French Revolution certainly remains a major event in French history. As the Ancien Régime failed, the vision of society matured, such as the way we consider public institutions. In that context of acute transformations, we could witness the birth of another kind of justice based on modern and sustainable principles. Above all, new constituents established, for criminal law, a very extraordinary jurisdiction : the Cour d'assises. The main peculiarity of that institution consisted in its joint composition, as professional magistrates had to work with ordinary citizens to judge. 250 years later, this criminal jurisdiction still lasts. So, we can wonder why this so old institution is still working. This thesis aims to study movments that have affected the Cour d'assises troughout years. Actually, that institution has noticeably evolved in its composition and its working, so that it no longer looks like the institution established during the XVIIIth century. The first section deals with the joint composition of the court. In fact, couple law professionals to neophytes is certainly a controversial choice. A first sub-section intends, through an history of jury, to explain why a popular court had been chosen to punish crimes. In this part, we also wonder about the legitimacy of that kind of Justice. A second sub-section looks at the members of jury's identity. The second section of the thesis deals with the institution's working. For a long time, the composition of the court explained how it worked. However, successive reforms renew the institution. A first sub-section takes into consideration the role each of the members of the criminal court plays during proceedings. It also questions about the efficiency of the criminal trial. A second sub-section is dedicated to the final phase of the criminal process, which has recently been reformed. To sump up, the research deals with successive reforms that have deeply affected the French criminal court. In spite the fact it is an old institution, always attached to the French Revolution, the Cour d'assises is an institution that goes on reforming itself.
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Delphine Durançon. La Cour d'assises : une juridiction séculaire et atypique en perpétuelle quête de rénovation.. Sociologie. Université Paris-Saclay, 2015. Français. ⟨NNT : 2015SACLS140⟩. ⟨tel-01292120⟩



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