Scenes from a Courtesan's Life [144]
As the Abbe Carlos had spent but twelve hours in La Force, and Lucien only half a night, it is useless to describe that prison, which has since been entirely remodeled; and as to the details of their consignment, it would be only a repetition of the same story at the Conciergerie.
But before setting forth the terrible drama of a criminal inquiry, it is indispensable, as I have said, that an account should be given of the ordinary proceedings in a case of this kind. To begin with, its various phases will be better understood at home and abroad, and, besides, those who are ignorant of the action of the criminal law, as conceived of by the lawgivers under Napoleon, will appreciate it better. This is all the more important as, at this moment, this great and noble institution is in danger of destruction by the system known as penitentiary.
A crime is committed; if it is flagrant, the persons incriminated (inculpes) are taken to the nearest lock-up and placed in the cell known to the vulgar as the Violon--perhaps because they make a noise there, shrieking or crying. From thence the suspected persons (inculpes) are taken before the police commissioner or magistrate, who holds a preliminary inquiry, and can dismiss the case if there is any mistake; finally, they are conveyed to the Depot of the Prefecture, where the police detains them pending the convenience of the public prosecutor and the examining judge. They, being served with due notice, more or less quickly, according to the gravity of the case, come and examine the prisoners who are still provisionally detained. Having due regard to the presumptive evidence, the examining judge then issues a warrant for their imprisonment, and sends the suspected persons to be confined in a jail. There are three such jails (Maisons d'Arret) in Paris--Sainte-Pelagie, La Force, and les Madelonettes.
Observe the word inculpe, incriminated, or suspected of crime. The French Code has created three essential degrees of criminality-- inculpe, first degree of suspicion; prevenu, under examination; accuse, fully committed for trial. So long as the warrant for committal remains unsigned, the supposed criminal is regarded as merely under suspicion, inculpe of the crime or felony; when the warrant has been issued, he becomes "the accused" (prevenu), and is regarded as such so long as the inquiry is proceeding; when the inquiry is closed, and as soon as the Court has decided that the accused is to be committed for trial, he becomes "the prisoner at the bar" (accuse) as soon as the superior court, at the instance of the public prosecutor, has pronounced that the charge is so far proved as to be carried to the Assizes.
Thus, persons suspected of crime go through three different stages, three siftings, before coming up for trial before the judges of the upper Court--the High Justice of the realm.
At the first stage, innocent persons have abundant means of exculpating themselves--the public, the town watch, the police. At the second state they appear before a magistrate face to face with the witnesses, and are judged by a tribunal in Paris, or by the Collective Court of the departments. At the third stage they are brought before a bench of twelve councillors, and in case of any error or informality the prisoner committed for trial at the Assizes may appeal for protection to the Supreme court. The jury do not know what a slap in the face they give to popular authority, to administrative and judicial functionaries, when they acquit a prisoner. And so, in my opinion, it is hardly possible that an innocent man should ever find himself at the bar of an Assize Court in Paris--I say nothing of other seats of justice.
The detenu is the convict. French criminal law recognizes imprisonment of three degrees, corresponding in legal distinction to these three degrees of suspicion, inquiry, and conviction. Mere imprisonment is a light penalty for misdemeanor, but detention is imprisonment with hard labor, a severe and sometimes degrading punishment. Hence, those persons who nowadays are in favor