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Géographie de la justice pénale en France : L'équité à l'épreuve des territoires

Abstract : This thesis questions the seeming scalar contradiction between the spatially uniform proclaiming of laws on a national scale, and the public policy approach that focuses on the territory of French populations. It tries to understand how the French judiciary system succeeds in conciliating its constitutional demands of indivisibility and equality together with the plurality of territories. The analysis, mixing a quality and a quantitative approach by using the data of jurisdictions and the national police recrod, allows concluding that judiciary institutions produce injustices. More or less suffocated by the number of offences to be punished, the district courts do not condemn uniformly on the national level, all the more since they must follow the priorities defined in the penal policy by the public prosecutor. Having a different propensity to become genuine political actors in their territory, the public prosecutors are thus playing an essential part as scalar linkmen, but stress the iniquity of the penal system. Indeed, the equality claimed as a base of the French Republic, is forgotten in the benfit of a stigmatization of the most disadvantaged territories, which are more severely condemned that the geography of offences would expect, even when they are forgotten in the policies of deliquency preventing. Thus breaking totally with the principle of equity, the judiciary institutions stress the social-spatial dislocations of the French territory. These processes of fragmentation disclose that on the one hand, an analysis of the penal justice through geography is relevant, and on the other hand that it is impossible for a closed group only to think the improvement of the judiciary system.
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Submitted on : Wednesday, April 4, 2018 - 11:08:08 AM
Last modification on : Friday, April 30, 2021 - 3:48:36 AM


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  • HAL Id : tel-01758026, version 1


Etienne Cahu. Géographie de la justice pénale en France : L'équité à l'épreuve des territoires. Géographie. Normandie Université, 2017. Français. ⟨NNT : 2017NORMR121⟩. ⟨tel-01758026⟩



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