THE NEW FRENCH SYSTEM

Question 1

In the Rhineland what did the guillotine symbolise?

Answer 1

occupation and foreign dominance

Question 2

what did the guillotine symbolise in France?

Answer 2

embodied enlightement values, and became associated with terror

Question 3

what does the declaration of rights of man and the citizen 1789 entail?

Answer 3

equality before the law, crime must pre-exist the offence, only punishments determined by the law, innocent until proven guilty

Question 4

from the new codes, 1791 what was criminal procedure concerned with?

Answer 4

concerned with how crimes would be indicted and tried

Question 5

from the new codes, 1791 what did the criminal code dictate? what constituted….

Answer 5

dictated what constituted a crime and the range of punishments possible

Question 6

when and why were juries introduced in france?

Answer 6

following 1791 criminal procedure it was inspired by common law as well as procuration of evidence of evidence in an oral form

Question 7

what did the criminal code do?

Answer 7

intended to be humane and to prevent rather than punish, corporal punishment abolished, capital punishment retained for murder and treason, destruction of private property and arson

Question 8

what were the dislikes of the new code?

Answer 8

dislike of juries because they were incompetant and excessivly leineint and not suitable for french custom, along with the dislike of oral testimony

Question 9

what were napoleons revisons?

Answer 9

1808 codes of criminal procedure, reorganised prisons, reformed criminal procedure, kept juries at trial stage, but restored inquisitorial system for pre-trial stage, jurors more likely to be from middle or upper class, and preventative detention introduced

Question 10

after Napoleon why were Rhinelanders hesitant to abandon french legal system?

Answer 10

because Rheinish lawyers werenonly trained in french legal system and also thought it was better