Another reform, tending to a more effective guarantee of
individual rights, is the revision of judicial errors in the
interests of all who are unjustly condemned or prosecuted. Such a
reform has been advocated also by several members of the classical
school; but it seemed only too likely to remain with them a mere
benevolent expression of opinion; for it can only be carried into
effect by curtailing imprisonment, and by a more frequent and
stringent infliction of fines, as advocated by the positive
school.
Sanctioned in some special cases, as an exceptional measure--as,
for instance, in the last century by the Parliament of Toulouse,
and in our age by the English Parliament--compensation for
judicial errors was rendered necessary in France at the end of the
eighteenth century, after a series of unjust condemnations, even
death sentences, which led Voltaire and Beccaria to demand the
abolition of capital punishment. In 1781 the Society of Art and
Literature at Ch<a^>lonssur-Marne offered a prize for an essay on
the subject, and awarded it to Brissot de Warville, for his work,
<p 159>``Le Sang Innocent Veng<e'>.'' In the records of the
<E'>tats G<e'>n<e'>raux there were many votes in favour of this
reform, which Louis XVI. caused to be introduced on May 8, 1788.
In 1790 Duport brought in a measure in the Constituent Assembly;
but it was rejected after a short discussion in February, 1791,
during which the same practical objections were urged as have been
repeated up to the present time. Nevertheless, the Convention
decreed special indemnities, as, for instance. a thousand francs
in 1793 for one Busset, ``for arbitrary imprisonment and
prosecution.'' In 1823 the above-named Society at Ch<a^>lonssur-
Marne proposed the same subject for an essay; and it has been the
object of sundry proposals, all rejected, as in 1867 during the
discussion on criminal appeals, on amendments moved by Jules
Favre, Richard, and Ollivier; and again in 1883 by D<e'>put<e'>
Pieyre, and in 1890 by D<e'>put<e'> Reinach.
This reform has been advocated by Necker, amongst other writers,
in his memoir on ``Financial Administration in France,'' and by
Pastoret, Voltaire, Bentham, Merlin, Legraverend, H<e'>lie,
Tissot, and more comprehensively by Marsangy in his ``Reform of
the Criminal Law'' (1864). Marsangy advocated many other
practical reforms which have since been adopted, in substitution
for the objectionable short terms of imprisonment. More recently
the subject has been treated in France by the magistrates Bernard,
Pascaud, Nicolas, Giacobbi, and by the Attorney-Generals Molines,
Jourdan, Houssard, Dupry, Bujard, in their inaugural addresses.
Public-domain text, read in full here on John Shaqi.
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