Let us since the beginning. A corpse do it yourself is discovered -rather shredded. The case was co

With the release of "Gears" series (Monday night on Canal +), viewers are entitled to diving in the French legal system, which changes the American system. Slate decrypts the differences between the two. This week: the prosecutor and the judge. do it yourself
I n Gears, Roban judge conducts several surveys at a time. He interviews the witnesses in a rape case, provides letters of request to Laure Berthaud and his team of PJ and regularly with the Machard attorney for the opening of judicial information. This is the heart of the series, the relationship with the prosecutors investigating judge and the police and the latter's role in the justice system.
Yet, watching do it yourself Law and Order (Law & Order), we quickly feel that the prosecutor did everything. He opened the investigation, the educated and leads requisitions in court.
Let us since the beginning. A corpse do it yourself is discovered -rather shredded. The case was complicated air: we know neither the identity of the person, or the circumstances of his death.
The first police officers do it yourself arriving do it yourself on the scene then called the prosecutor (represented by the prosecutor). It moves (or sends its substitute) and decides to take the most appropriate do it yourself police department to investigate. Homicide, the practice is that the judicial police, in charge of the most important cases, is entered. The opening do it yourself of a criminal investigation
Its mission is to investigate the prosecution and defense. He continued the investigation by entrusting it to a police department. The traditional view is that this is the same as when the first survey was conducted by the prosecutor. In the case of homicide, PJ.
PJ then under investigation commission (almost the equivalent of the US mandate, when you see so many sets of characters exclaim, "but you have a warrant to enter my house like that?" do it yourself That does not really do it yourself -phrase meaning in French, as we shall see in a future article), allowing it to perform searches and interrogations.
Once the investigation is complete and found the suspect, do it yourself the judge puts it into consideration. It must then enter the judge of freedoms and detention to apply for provisional detention.
(If the investigation has not advanced, it may declare a dismissal, as in the case Godard whose dismissal was declared Friday, September 14 after 13 years of investigation.)
The prosecutor then returns the file and formats it so that it goes at the hearing. In case of homicide, the assizes. The independence of the judge and DA
This is because the prosecutor decides to open a criminal, he entrusted to an investigating judge, as in the current season of Gears Roban judge is forced to ally with the Machard attorney for him ask him given a second criminal investigation. The judge can not open himself a criminal.
In Law and Order, we do not see a judge. But District Attorney (DA), which is just about everything. Each episode also begins the same way:
"In the US criminal justice system, the prosecution is represented by two separate groups, but of equal importance: the police who investigate crime, do it yourself and the prosecutor, who pursues criminals. do it yourself Here are their stories. "
In the United do it yourself States, the District Attorney's independence (which would be the equivalent of the prosecutor) is supposed to be guaranteed by its method of election: a popular vote. Judges, prosecutors and lawyers all have the same training. They all hold a law degree (attorney) and then choose to work in the public (district attorney) or private (lawyer).
The French system is different. Investigating judge and prosecutor have the same training (provided pa