It is an old phenomenon, but which is experiencing an unprecedented scale: judicial populism. Even before the trial of the “Roanne affair”, which is due to open on Tuesday January 24, several voices have called for leniency for the defendant, a father, who, in October 2022, beat up a teenager suspected of sexually assaulted his daughter. Current values had then headlined on “The temptation of self-defense”. Eric Ciotti, now president of the Les Républicains party, declared that he “would not condemn a father who protects his daughter”. Sometimes the“self-defense” leads to tragedy. Also in October, in the Alpes-Maritimes, a man suspected of being a burglar died after being beaten up by men alerted by a victim.
For several weeks, criticism of justice has been increasing. This would be too ” lax “too much « spring » and too favorable to delinquents and criminals. The trigger was the murder, in atrocious circumstances, of the young Lola, 12, in mid-October 2022. Several media sounded the charge. Current valuesalready, weekly on the edge between right and extreme right, then wonders if it is not time to ” finish “ with ” Right wing state “. Cyril Hanouna, star host of C8, whose program “Touche pas à mon poste” enjoys around 2 million viewers, claims “immediate trial”and the “direct perpetuity, without discussion”, because it should “living with the times”, and wonders if we shouldn’t judge ” crazypeople “.
“People’s Retribution”
Should we respond to these attacks? This is a dilemma for legal professionals, who wonder how to convey an alternative message. In fact, these demands for firmness find a real echo in the population. Thus, in the “French Fractures” survey – carried out by Ipsos-Sopra Steria for The world, the Jean Jaurès Foundation and the Cevipof (Sciences Po) on a panel of 12,000 people and published in October 2022 – 48% of those questioned are in favor of the death penalty. Similarly, in the annual Kantar Public-Epoka study for The world and Franceinfo, on the image of the National Rally (carried out among 1,014 people, chosen according to the quota method, and published on December 13), 61% of respondents believe that “justice is not severe enough with petty criminals”.
Attacks against the foundations of law, people of justice – lawyers and magistrates – are used to it. But their generalization worries them. Thus, in her speech for the solemn return to the Paris Bar, at the end of November 2022, the President of the Bar Julie Couturier warned against “the media court, of opinion, which aims to deconstruct certain principles, in particular the presumption of innocence” or even the “right to a fair trial”. She sentenced a “fundamental movement where emotion prevails over reason and vulgarity over nuance”.
You have 62.41% of this article left to read. The following is for subscribers only.