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RELATIONS BETWEEN POLICE AND COURTS CONCERNING THE DETAINING OF SUSPECTS: THE EXAMPLE OF LYON

NCJ Number
148890
Author(s)
R Lemaitre; C Lazerges
Date Published
1993
Length
81 pages
Annotation
This study analyzes the policies and attitudes governing suspect detainment in the French city of Lyon to gain a better understanding of police/court relations.
Abstract
The first part of the study surveys Lyon's detainment laws and policies while the second part presents the results of an attitude survey of 33 police officers and 14 court representatives. In France, a suspect cannot be detained and interrogated for more than 24 hours without written consent of the courts. Thus, this sensitive issue requires an especially close collaboration between police and prosecutors. For even more direct contact, Lyon has introduced a system in which every detained suspect must have direct contact with a court representative. To achieve this purpose, three teams of four magistrates from the public prosecutor's office are available 24 hours a day for telephone police contact. The magistrates then question the police about the suspect, behavior, previous police record, and the results of the interrogation. Based on police input, they make an immediate decision whether the suspect must appear before a judge or can go free. The attitude survey of both police and court representatives indicated that this system had profoundly changed the interaction between police and court. The police officers enjoyed their direct access to public prosecutors, though they expressed some concern about the prosecutors' increased control over police tasks. The magistrates involved in the program considered the program fast, effective, and fair. However, the judges of the bench vehemently opposed the system because they felt a loss of status and influence by being omitted from this innovative system. Relevant legislation is appended.