The work of truth in court ; Le travail de la vérité en cour d'assises

Abstract

The ethnographic survey shows that the truth in the asise court is built by obtaining adjusted evidence until the end of the proceedings. The hearing allows the accused and the complainant to comment on the facts and to understand the meaning of the sentence. This process of truth emergence applies not only to ordinary cases but also to terrorism cases. In both cases, the judges' conviction is formed on the basis of the adversarial debate and the evidence obtained at the hearing. Whereas the taking of evidence is part of the experimental method (observation of facts and verification of assumptions raised by the facts) the decision of the judges results from the interpretation of that evidence. After describing the process of emergence of evidence at the hearing, we will show that a case decided at first instance and on appeal can produce two judicial truths, two different judgments. ; The ethnographic research shows that the truth in criminal court (the court of assizes) is provided by the taking of adjusted evidence until the end of the proceedings. The hearing allows the accused and the complainant to point out their facts and to understand the meaning of the sentence. This process of the emergence of the truth applies to ordinary law cases but also to terrorist cases. In both cases, the judges' deep(intimate) conviction is formed from the debate and the evidence obtained at the hearing. While obtaining evidence is the experimental method (observation of the facts and verification of the hypotheses raised by the facts) the judges' decision results from the interpretation of this evidence. After describing the process of the emergence of evidence at the hearing, we will show that a case tried at trial and on appeal can produce two judicial truths, two different judgments. ; The ethnographic survey shows that the truth in the asise court is built by obtaining adjusted evidence until the end of the proceedings. The hearing allows the accused and the complainant to comment on the facts and to understand the ...