The new French system Flashcards
When was the Guillotine first used?
In France, April 1792
What was the significance of the guillotine?
Had direct links to new French legal codes that followed the French revolution, symbol occupation, and foreign dominance in the Rhineland, and it signified the spread of the Napoleonic Code.
What movements were there before 1789 during the French revolution?
Reforming the law code and criminal procedure, and the rapid changes that took place during the revolution ultimately failed.
How many committees were appointed to make the new criminal procedure and law code?
Two.
What was the purpose of the 1791 criminal procedure?
To witness how crimes were indicted and tried.
What did the criminal code 1791 state?
What a crime was and how punishments were possible
What was involved within the 1791 criminal procedure?
Juries, oral evidence, grand juries, trial juries
Who invented the Guillotine?
Doctor Joseph Guillotine
What were the opinions on the Guillotine?
Some thought it was harsh, some thought it wasn’t
What did the Napoleonic Codes of 1808 involve?
- reorganised prisons
- Reformed criminal procedure
- kept juries at the trial stage
- Restored pre-trial to inquisitorial
- selection process for juries
- Preventive detention
True or False: French soldiers took with them the new Napoleonic codes around Europe.
True
What did the peace treaty of the Netherlands and Prussia involve?
- The Netherlands abolished torture in 1795
- New Criminal codes and Civil codes made
True or False: In the end, Napoleonic was defeated and Ranish law was adopted.
True
What were the problems with The 1791 new codes?
- Juries were disliked (incompetent, lenient, ignorant, bias)
- Oral testimony (created confusion)
- Local Knowledge (used local knowledge to make decisions rather than on the evidence)
What were the key intentions of the criminal code?
Intended to be humane, to prevent rather than punish crimes, deterrence, reform, punishment=imprisonment, corporal punishment abolished, and capital punishment retained for some crimes.