French juries -- yes they do exist!
by
Mutatis Mutandis
05/15/2008, 11:35 AM #
The statement that the French "don't even use juries" is incorrect. It is true that the Napoleonic law system, which prevails in much of Europe, doesn't use jury trials for many cases, but it does provide jury trials for serious felonies. A suspected terrorist would probably be prosecuted on the same level as a suspected murderer, i.e. he would get a jury trial in the Cour d' Assisses.
One could debate whether jury trials are desirable or not -- but then it is useful to keep in mind that the USA doesn't give everybody a jury trial, either. A vast number of people are jailed by out-of-court plea-bargain, without any jury being involved. The US system would not be affordable otherwise.
And as for the rights of the suspects under the Napoleonic vs. Common Law systems, it is best not to make any sweeping statements. The differences actually work both ways, and many European law specialists regard US courts as heavily biased against the suspects.