A French white-collar trial: quelle difference!

Article Abstract:

Criminal courts in France do not have plea bargaining. Even if defendants acknowledge what has happened, trials take place to determine appropriate punishment. A defendant claiming innocence should make that argument during the instruction, as judges tend to think proof beyond a reasonable doubt must exist after formal charges are lodged. The lawyer's job in France is more classically rhetorical than in the US, to give for the record a theme serving their clients' interests, as well as arguing in mitigation.

France, Comparative analysis

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Firing off new laws? Watch for the ricochet

Article Abstract:

Congressional Republicans tempted to broaden existing criminal laws and create new ones should be wary of criminalizing ordinary behavior and discarding existing civil sanctions. The Racketeer Influenced and Corrupt Organizations Act and money-laundering and mail-fraud statutes are only a few examples of overly broad laws that invite prosecutor abuse. A good justice system should not be a partisan issue, and more and stronger criminal penalties are not the best remedy for every perceived problem.

Political aspects, Criminal law, White collar crimes, White collar crime

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Trials teach lessons of rights and responsibilities

Article Abstract:

Criminal trials have an educational function by serving as morality plays of modern responsibilities and rights. Lessons taught range from historical injustices to the frailty of civil rights, to basic deterrence and to the follies of prosecutorial abuse. Defense attorneys have the ethical role of keeping the prosecution as a fair adversary and seeker of justice.

Ethical aspects, Trial practice, Trials

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