What Would You Do?: Decisions By French and German Judges and Laypeople on Sanctions for Everyday Delinquency

Résumé En

In early 2018 we organized a double survey, presented in small case scenarios, in order to understand the kinds of sentences that regular French and German people, as well as French and German magistrates, assign to perpetrators of various offenses. The major results of these surveys are twofold. First, despite strong demographic and ideological differences between Germany and France, the distribution of sentences is highly consistent between the two populations: in each case, whenever the majority of French respondents decide on a given sentence, the majority of German respondents do the same. Second, the sentences given out by laypeople are by and large no more severe than those given out by judges, though here it is necessary to distinguish between the countries. Like their citizens, French judges make use of a broad array of sentences and measures. Their choices range widely and are for the most part neither more nor less punitive than French citizens'. However, German magistrates tend to deploy only two punishments: fines and probation. A certain proportion of German citizens are in favour of imprisonment, with a smaller percentage favouring highly lenient sentences or measures. Alongside these general provisions, there are very clear punitive inclinations towards certain categories (those who had already served a jail sentence; repeat offenders), or certain crimes (domestic violence; tax fraud). Three conclusions emerge: a certain moderation on the part of both citizens and judges; common ground between Germans and the French; and a quite clear divergence regarding certain kinds of social behaviours.