The French Court of Assizes

Abstract

The Court of Assizes is the principal criminal court in France and the only court that functions with a jury. It has jurisdiction over the graver felonies, defined as crimes, as distinguished from dilits, which are tried in the correctional courts. In viewing the work of a court of assizes one is impressed by (1) the rapid, routine selection of a jury, (2) the dominant position of the President of the Court, who controls every step in the proceedings, (3) the interrogation of the accused at the opening of the trial, (4) the freedom allowed the witnesses in testifying, (5) the infrequence of objections by the lawyers to the President's rulings, (6) the simplicity of the issues presented for the decision of the jury, (7) the certainty of a verdict, due to the majority rule, and (8) the rapid termination of the trial, a contested murder case rarely taking more than two sessions of five hours each, and often only one. There is one court of assizes per year in each of the eighty French Departments. The number and length of the sessions depend upon the amount of criminal affairs to be dealt with. In Paris there is one assize court for the Department of the Seine; it holds three terms of three months each during the year. The Court is composed of a president and two assesseurs, or associates. The President is chosen from among the justices of the court of appeal in the circumscription containing the Department where the court is to sit. The associate judges are selected from among the associate justices of the court of appeal or from the judges of the Departmental civil tribunal. In each case the selections are made by the first president of the appellate court. If a trial promises to be lengthy, the Assize Court may itself call one or two supplementary judges from the civil tribunal, to sit with it and replace any judge who becomes incapacitated. Appointments are limited to a particular session, which is usually two weeks. At Paris, due to the