Terrill: World Criminal Justice Systems, 8th Edition Chapter 2 Multiple Choice 1. The French Constitution contains a Bill of Rights. 2. The president of France is limited to two consecutive terms in office. 3. France has a bicameral parliament that consists of the Senate and the House of Representatives. 4. Hugh Capet is generally credited with establishing the first police force in France. 5. The French police system is characterized as being a highly centralized national police system. 6. The French judicial police are responsible for investigating serious crimes.
2-2 7. In order to serve in the French National Police, one must begin his or her career as a uniformed officer. 8. The French Minister of Defense is responsible for the administration of the National Gendarmerie. 9. Like the English, the French have a panel of citizens who investigate serious complaints about the police. 10. The National Gendarmerie is responsible for policing towns with populations under 10,000. 11. According to the text, the French have had a difficult time recruiting qualified candidates for the police service. 12. In the French National Police, more than 50 percent of the commissioners of police hold university degrees.
2-3 13. Because of the relatively low crime rate, French police have not found it necessary to develop a crime prevention program. 14. Women cannot serve as police officers in the French National Gendarmerie. 15. In the medieval period, the right of wealthy landowners to administer justice in their territory was a characteristic of feudalism. 16. The French Court of Cassation consists of nine justices. 17. In all French trial courts, judges sit in panels of three to hear the case. 18. To become a judge in France, the person runs on a nonpartisan ballot during the general elections.
2-4 19. A member of the French magistracy can choose a career as a judge or a procurator. 20. The principle of stare decisis does not exist in France. 21. When a court case is appealed in France on the grounds that a person s constitutional rights have been violated, the appeal is heard in the Constitutional Council. 22. As is the case in England and the United States, French judges may issue dissenting opinions when ruling on cases on appeal. 23. In a French criminal trial in which a victim has a civil claim against the defendant, that issue can be heard concurrently with the criminal case. 24. Like English lawyers, French lawyers are divided into two distinct groups.
2-5 25. The method of French legal education is essentially theoretical in nature. 26. The 1981 Security and Liberty Law curtailed the discretionary authority of the French police. 27. During a French preliminary investigation into an offense, the legal validity for detaining a suspect is determined through a writ of habeas corpus. 28. Following a French preliminary investigation into a serious criminal allegation, the merits of the case are reviewed in the chamber of instruction of a court of appeal. 29. The French police have the power to detain a person for up to 24 hours; if they wish to extend the period of detention, they must seek the approval of an officer above the rank of lieutenant. 30. In France, witnesses who declare knowledge of a crime but refuse to answer questions posed to them by an investigating judge can be sentenced to jail for up to
2-6 one year. 31. An accused has the legal right in France to consult with a lawyer before his or her initial appearance before an investigating judge. 32. In France, searches and seizures are legal without a warrant if the crime is flagrant. 33. A French chamber of instruction has the authority to rule on the admissibility of evidence. 34. The most important source of French criminal law is the Penal Code. 35. France has abolished capital punishment. 36. France does not have a procedure for bail.
2-7 37. French trial lawyers strongly support the legal aid scheme. 38. While French jurors in a court of assize vote with judges to determine the guilt or innocence of the accused, they do not participate in determining the sentence. 39. The Security and Liberty Law (1981) has enhanced the discretionary authority of the French procurator. 40. In France, a fine can be imposed on a person who has committed either a crime, delit, or contravention. 41. The 1994 Penal Code of France stipulates a maximum and minimum sentence for all offenses. 42. In France, the minimum term of incarceration is six months.
2-8 43. When a person is found guilty of a contravention in France, the sanction is limited to a fine, a noncustodial sentence or both. 44. In France, the work of the probation department is under the control of the post-sentencing judge. 45. French police play an active role in diverting juveniles from the formal juvenile justice system. 46. In cases involving juveniles, due process procedures are often ignored in France. 47. In France, children under 13 years of age are always protected from any type of criminal proceeding. 48. When a juvenile between the ages of 15 and 18 commits a crime in France, the case is adjudicated in the court of assize for juveniles.
2-9 49. Juvenile judges in France are lay people who have a special interest in children. 50. Until recently, the French juvenile justice system emphasized a closed treatment model. 51. The French Constitution calls for a powerful: a. President b. Council of Ministers c. Premier d. National Assembly 52. The French government is organized and administered according to the Constitution of the: a. Fourth Republic b. Fifth Republic c. Sixth Republic d. none of these 53. The person largely responsible for initiating efforts at decentralizing France s system of government was: a. Charles de Gaulle b. Valery Giscard d Estaing c. Jean-Marie Le Pen
2-10 d. Francois Mitterrand 54. The National Police of France was created in: a. 1791 b. 1800 c. 1854 d. 1966 55. The largest police system in France is: a. the army b. the National Police c. the Sûreté d. the National Gendarmerie 56. The French politician responsible for the National Police is: a. the minister of justice b. the minister of police c. the minister of the interior d. the minister of security 57. France s Republican Security Company is responsible for: a. guarding members of France s Republican Party b. serving as a riot police unit c. private security work, like the Pinkertons d. none of these 58. The legal status of the French police is explained in: a. case law b. the Constitution c. the Code of Criminal Procedure d. none of these
2-11 59. According to the text, the most common view of the relationship between the police and the public of France is one of: a. strong acceptance b. strained tolerance c. serious opposition d. indifference 60. The National Gendarmerie of France is characterized as: a. a military police force b. a civilian police force c. a citizens auxiliary force d. none of these 61. Municipal police forces in France are under the administrative control of: a. the National Police b. the mayor of the municipality c. the National Gendarmerie d. the city council of the municipality 62. Basic training for a uniform patrol officer in the French National Police lasts: a. 12 months b. 10 months c. six months d. six weeks 63. The idea that the French king was the source of all justice became popular in the: a. tenth century b. twelfth century c. fourteenth century d. sixteenth century
2-12 64. In medieval France, the royal court responsible for criminal matters was: a. the Court of Requests b. the Chamber of Pleas c. the Tournelle d. the Court of Inquests 65. Until the twelfth century, there was only one coherent unified legal system that could serve as a point of legal reference, and it was: a. Greek law b. Roman law c. canon law d. none of these 66. The French Constitutional Council handles: a. election complaints b. issues involving the French exclusionary rule c. disputes in the Senate d. all of these 67. The French Ministry of Justice is responsible for: a. the correctional system b. general administration of the law c. selection and appointment of magistrates d. all of these 68. The ultimate French court of appeal is: a. the Constitutional Council b. the High Court of the Judiciary c. the Court of Cassation d. the Court of Appeal
2-13 69. The period of training for judges and procurators in France is approximately: a. 31 months b. 24 months c. 12 months d. six months 70. The National Bar Council of France is responsible for: a. representing the legal profession before Parliament b. establishing uniformity in the rules and regulations of local bar associations c. supervising regional training centers for lawyers d. all of these 71. French jurors are selected from annual lists established by: a. voting rolls b. the census c. tax rolls d. political party affiliation 72. French juries are utilized in: a. the courts of minor jurisdiction b. the courts of major jurisdiction c. the courts of assize d. all of these 73. By law French judges are: a. required to adhere to the principle of stare decisis b. elected to their position c. required to offer a written opinion in their cases d. none of these
2-14 74. The French legal system is often referred to as a: a. civil law system b. socialist law system c. canon law system d. common law system 75. French inquisitorial procedures have their origins in: a. French custom b. Roman custom c. Roman Catholic custom d. German custom 76. The introduction of inquisitorial procedures in all French courts occurred during the reign of: a. Francis I b. Louis XIII c. Louis XIV d. Napoleon 77. French procurators are responsible for defending the specific interests of: a. the state b. the victim c. society d. all of these 78. Following a hearing in a French chamber of instruction, the chamber can: a. dismiss a case b. issue an indictment c. reduce the charges d. all of these
2-15 79. In France, warrants for an arrest require that the arrested suspect be brought before an investigating judge for questioning within: a. 12 hours b. 24 hours c. 36 hours d. 48 hours 80. A person who does not possess adequate identification can be detained at a French police station for up to six hours according to: a. the Constitution b. the Penal Code c. the Code of Criminal Procedure d. the Security and Liberty Law 81. In France, warrants for searches and seizures are issued by: a. the judicial police b. the post-sentencing judge c. the investigating judge d. the clerk of the court 82. If the judicial police of France conduct an illegal search, they can be subject to: a. disciplinary action b. penal sanctions c. civil proceedings d. all of these 83. Legal aid in France is dispersed by: a. the procurator b. the investigating judge c. the chamber of instruction d. none of these
2-16 84. In France, the number of challenges a defense lawyer can use when selecting a jury is: a. four b. five c. nine d. unlimited 85. The number of people who sit on a French jury is: a. 15 b. 12 c. nine d. six 86. In France, a preliminary investigation into a crime can be conducted by: a. the police b. a procurator c. a magistrate d. all of these 87. French courts of assize are presided over by a judge from: a. a court of appeal b. a court of major jurisdiction c. the Court of Cassation d. none of these 88. In order to have a case brought to the French Court of Cassation, the person must: a. petition that a constitutional right was violated b. petition for review directly to the Court of Cassation c. petition for review to the court that handed down the decision in dispute d. petition the Constitutional Council
2-17 89. The 1994 Penal Code of France acknowledges the emergence of new offenses, such as: a. sexual harassment b. liability of corporations c. environmental offenses d. all of these 90. The French have retained the death penalty for: a. murder b. rape c. espionage d. none of these 91. The French post-sentencing judge is responsible for: a. presiding over a criminal trial b. sentencing a person found guilty by a trial court c. sentencing those people who have agreed to plea bargain d. controlling the post-sentencing phase of the criminal process 92. A person serving a life sentence in France is eligible for parole after serving: a. five years b. 10 years c. 15 years d. 20 years 93. When a person is found guilty of a delit in France, the term of imprisonment cannot exceed: a. two months b. six months c. five years
2-18 d. 10 years 94. The French Penal Code of 1994 acknowledged new forms of deviance that included: a. breaches of human rights b. racketeering c. liability for corporations d. all of these 95. The French correctional system is under the jurisdiction of: a. the Ministry of the Interior b. the Home Ministry c. the Ministry of Justice d. the Ministry of Corrections 96. In France, an offender must agree to a community service order in order to comply with: a. the Constitution b. the Penal Code c. the European Convention of Human Rights d. the Security and Liberty Law 97. The age of adult responsibility in France is: a. 16 b. 18 c. 20 d. 21 98. A French judge can impose a full penal sanction on a juvenile if the offender has reached the age of: a. 13 b. 14
2-19 c. 15 d. 16 99. In France, a court of assize for juveniles consists of: a. three judges b. three judges and nine jurors c. one judge and five jurors d. one judge and two jurors 100. For most offenses, the French police can detain a juvenile for up to: a. 36 hours b. 24 hours c. 18 hours d. 12 hours ESSAY 101. Identify and explain the significance in one or two paragraphs: Office of the President of France 102. Identify and explain the significance in one or two paragraphs: Ministry of the Interior 103. Identify and explain the significance in one or two paragraphs: National Gendarmerie 104. Identify and explain the significance in one or two paragraphs: Republican Security Company 105. Identify and explain the significance in one or two paragraphs: The Constitutional Council courts of assize 106. Identify and explain the significance in one or two paragraphs: National School for the Judiciary 107. Identify and explain the significance in one or two paragraphs: Ordinance of Villers-Cotterets (1539)
2-20 108. Identify and explain the significance in one or two paragraphs: Justinian 109. Identify and explain the significance in one or two paragraphs: Code of Criminal Procedure 110. Identify and explain the significance in one or two paragraphs: garde a vue 111. Identify and explain the significance in one or two paragraphs: flagrant offense 112. Identify and explain the significance in one or two paragraphs: investigating judge 113. Identify and explain the significance in one or two paragraphs: chamber of instruction 114. Identify and explain the significance in one or two paragraphs: post-sentencing judge 115. Identify and explain the significance in one or two paragraphs: juvenile judge 116. Write an essay on the French police that describes the organization and administration of the police, explains the legal status of the police, and examines the relationship between the police and the public. 117. Write an essay on the French judiciary that describes the organization and duties of each court in the judicial hierarchy and explains the various branches of the legal profession. 118. Write an essay in which the legal position of the French police is explored regarding the power to detain and arrest, the power to interrogate, and the power to search and seize. 119. Write an essay on the French correctional system that describes the organization and administration of the system, explains the specific role of the post-sentencing judge, and indicates the noninstitutional sanctions available in France. 120. Write an essay on the French juvenile justice system that describes the organization and administration of the system and explains the sanctions available to the authorities. 121. Identify four critical issues confronting the French criminal justice system and write an essay in which you explain why they are critical. No more than two issues can come from the same component of the justice system, that is the police, the judiciary, law, corrections, and juvenile justice. 122. Write an essay in which the history of the French and English police are compared, and indicate how that history has influenced or has not influenced
2-21 present methods of policing in the two countries. 123. Write a comparative essay on the historical development either of the judiciary, the law, or both in France and England; indicate how the past either continues to influence or does not influence these modern aspects of the justice systems of these two countries. 124. Write an essay in which you discuss the extent to which France has embraced the rule of law. 125. Write an essay in which you first explain the differences in Herbert Packer s Crime Control and Due Process Models and then discuss which model best represents the criminal process of France.