Let's Just Plea Bargain- The differences between the French and American Legal System

Today, we met with a French attorney and he brought up some interesting differences between the US and French legal system. For example, “plea bargaining,” a term we use here in America to reduce charges against someone in exchange for something such as information, is completely unlawful in France. It is against the civil law and French principles (most importantly egalite (equality)) and even more it is seen almost as a game. And, I guess if you think about it, the French could have a point. We compromise the person’s consequences based on the information they can give us. Is this really ethical? In fact, this is not the only game-like part for the French. For example, throughout the DSK trial, many French couldn’t believe the photos that the news would print of DSK within the first few hours of his conviction. This could be in part, because for the French, no matter how unlawful a crime an official is accused of, they are still representative of France and the French government, and people would never want others to portray France in that manner. In America, though, the thought process is different. To many people in the media the question is who can get this story out first, not, what kind of image does this portray for our society.

 

And so the French see the American Legal System much more like a game or reality show. In France, you can't run for a position in the court and are not appointed like you are in The States, and therefore, politics is not intertwined with the judicial system. Instead, if you are interested in obtaining a position, you go to law school either to become a lawyer or a magistrate. It is much more cut and dry. There is rarely a jury, and therefore, many of the citizens don't know much about how the French legal system works. In fact, many French people know more about the American system than the French system.