Don't Judge a Post by its Title
French
courts are presided over by Judges called Magistrats. Magistrats are overly qualified
professionals who have went through rigorous training. Today, all Magistrats
graduate from the postgraduate School of Magistrature. A French Magistrat is not
at all the same as a Magistrate in the English legal system. Only French citizens
are considered for a position as a Magistrat because it is seen as a civil servant
position. Procedures for the appointing or otherwise modifying a Magistrats
position vary depending on whether it is for the judicial, administrative, or
audit court stream. Judicial appointments must be approved by a special panel,
the High Council of the Judiciary, made up of other judges. Once appointed,
judges serve for life and cannot be removed without proceedings conducted
before the Council with due process.
France
has two judicial systems; the administrative and the judiciary. The
administrative system deals with arguments between the government and
individuals, and the judiciary system deals with civil and criminal cases.
France does not use a jury system (abolished in 1941, right before Mersault was
introduced to the court) but a mixed group made up of six judge’s assistants and
three professional judges. Decisions are decided by a 2/3 majority. The court
system is further divided into two sections of courts. Ordinary courts (ordre
judiciaire), which handle criminal and civil litigation and administrative
courts (ordre administratif), which supervise the government and handle
complaints.
Sources:
https://en.wikipedia.org/wiki/Judiciary_of_France
https://about-france.com/french-legal-system.htm
I wonder how the jury system would have influenced the way that Meursault's case ended up. I think that a lot of my sympathies were in the fact that his was misunderstood in the legal process. I think this is good contextual information, nice post.
ReplyDeleteNice post! I hadn't done any research on the exact details of the court system in Mersault's trial, but for sure a huge part of his final sentence was impacted by the judicial system. I agree with Anna's comment above, the fact that the jury didn't understand Merursault made my sympathize more with him. It would be interesting to see how placing his trial in a different country or time period would change the course of the outcome.
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