The Bolivar bulletin. [volume] (Bolivar, Hardeman County, Tenn.) 1865-1888, 1888-03-30
COURTS IN FRANCE.
How French Judges Frequently Browbe0a
and Anger Prisoners

How French Judges Frequently BrowbeOA
and Anger Prisoners
A Judge presiding over one of the
Paris courts was recently removed
from his office for two very curious Of
fenses. 1t appears that after examin-
ing a witness for several hours ia his
court, he invited that witness to dine
with him at neighboring restaurant.
Plying him there with wine, the judge
put a number of questions to his guest,
and, having drawn out of him certain
damaging facts, forthwith caused him
to be arrested.
His other offense was still more
fagrant He talked through a tele-
phone with a witness, pretending that
he (the judge) was one of the persons
accused in court, and SO led the wit
ness to betray himself and his accused
friend. 1t is no wonder that, after
conduct so unbecoming Judge, he
was deemed unfit any longer to hold
the even scales of justice.
Although this judge was thus right
fully pUSished, his conduct suggests to
us the Wide contrast which exists be-
tween the French courts of justice and
method of legal procedure, and those
of the United States and England. The
whole system, indeed, is different in
the two cases.
Our judges have a distinct and digni-
fed duty to perform, and, as a rule,
they maintain, as do the English
judges, lofty and impartial attitude
in presiding over trials. They remain,
for the most part silent until they
have to decide points of law, or until
one of the counsel requires correction.
After the arguments have closed, it is
their duty to address the jury, explain
the points at issue, call for the verdict,
and deliver the judgment OF. sentence.
The French Judge, on the other hand,
takes constant and active part in the
trial itself. He questions not only wit
nesses, but the prisoner himself, and
often subjects the prisoner to severe
and searching cross-examinatiOn, try
ing to trap him into damaging confess
slons, contradicting him, and even
sometimes cracking jokes at the pris-
Oner's expense.
When a witness has made a certain
statement, the French Judge will turn
to the prisoner, and tartly ask him
what he has to say to thatP A prisoner
on trial in a French court, in short, is
badgered and worried from the begin
ming to the end of the case, by both
| judge and prOcurear. The procureltr
is an official who acts in France as
public prosecutor, grand jury and adj
wiser of judge in one.
The fact that in the French courts
! the judge is one of the active particle
| pants in the trials, gives a dramatic
color to the proceedings which is
usually absent from our own courts.
! The dialogues between judge and pris-
! oner are watched with keen interest,
and often with laughter or applause,
! by the crowd of spectators; for some
times judge and prisoner engage in a
! duel of wit and banter. But, from the
American point of view, this method
of seeking to find out the truth. and to
4 dispense justice, seems far less efIeetual
to say nothing of its surprising lack
of dignity-than that which prevails in
our own courts.
The French judge often browbeats
/ or angers the prisoner into making
| rash answers, which increase the
chance of his conviction, even though
he may be really innocent. With. us,
the prisoner is amply protected in
every right of defense. He is sup
| posed to be innocent until he is fully
proved by proper and legal evidence,
which he is unable to overthrow, to bc
guilty; whereas in France. the Judge
often seems to set out with his ques-
tioning of the prisoner as if the pris-
oner were presumed to be guilty, and
as if the burden of proof were on him
to prove himself innocent - Youths s
Companion.