OPINIONS AND RECOMMENDATIONS OF THE FRENCH CGLPL
to prison; on the other hand, “road traffic violence” is now punished
with imprisonment, which represents a change as compared with the
recent past. Offences which were not prosecuted in the past now give
rise to charges and, possibly, to the imprisonment of greater numbers
of people than was previously the case.
In the second place, the law has developed more rapid trial procedures
and judges now give harsher sentences than in the past for similar
offences. The prison population is therefore growing with numerous
prisoners placed in detention, that is to say pending trial, for short
sentences; however, it is also increasing “at the other end”, due to
considerable growth in the number of long and very long sentences
passed. In addition to these long term considerations, well-known
specific measures, which have the result of making imprisonment
easier through the introduction of mandatory sentencing, a common
practice under Anglo-Saxon law, have been adapted in France
by means of “minimum sentencing” measures. A report from the
French Senate has pointed out that, pursuant to measures of this
kind (the Californian Three-Strikes Law of 1994), an American citizen
having committed similar previous offences ended up serving life
imprisonment for the theft of a spare car wheel.
In the third place, short-term measures can be a factor adding extra
prisoners. Current overcrowding is partly explained by the efforts
made in the courts, in the course of the last eighteen months, to
ensure faster enforcement of (short) sentences passed, until then
unevenly followed up due to overloading of the courts.
These factors provide the principal explanation for the fact that,
were current rulings to resemble those of forty years ago, all things
being equal, the number of prisoners in French prisons would be
approximately halved.
5/ The consequences of this situation are less well-known, apart from
the ritually (but well-justified) mention made of mattresses on the
ground.68 It naturally worsens lack of privacy and risks of conflict
within cells; consolidates inactivity due to greater shortage of access
to work and activities; reduces possibilities of dialogue and care on
the part of prison officers and the possibility of relations (telephone,
visiting room sessions) with the outside; reduces the effectiveness of
In this field see the Report of the Contrôleur général des lieux de privation de
liberté for 2008, pp.28-30.
68
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