James Donovan takes a comprehensive approach to the history of the
jury in modern France by investigating the legal, political,
sociocultural, and intellectual aspects of jury trial from the
Revolution through the twentieth century. He demonstrates that
these juries, through their decisions, helped shape reform of the
nation's criminal justice system.
From their introduction in 1791 as an expression of the sovereignty
of the people through the early 1900s, argues Donovan, juries often
acted against the wishes of the political and judicial authorities,
despite repeated governmental attempts to manipulate their
composition. High acquittal rates for both political and
nonpolitical crimes were in part due to juror resistance to the
harsh and rigid punishments imposed by the Napoleonic Penal Code,
Donovan explains.
In response, legislators gradually enacted laws to lower penalties
for certain crimes and to give jurors legal means to offer nuanced
verdicts and to ameliorate punishments. Faced with persistently
high acquittal rates, however, governments eventually took powers
away from juries by withdrawing many cases from their purview and
ultimately destroying the panels' independence in 1941.