DSK and The Perp Walk. Why The Americans and French Fight

The way was walked Dominique Strauss-Kahn handcuffed in front of the cameras has sparked protests by socialists, the French media criticism, a wave of public outrage in Europe and revealed a term that defines a practice: Perp Walk. The expression, stands for “perpetrated walk” (roughly translated as defendant walk), comes from American police jargon and describes the action with a parade in which police arrested in handcuffs in front of cameras. Practice scandal on the grounds that such rights of the accused are being violated. 

Most were scandalized, of course, French. ”I find these images as being incredibly brutal, violent and cruel , “said former justice minister, Elisabeth Goigou said on France Info, referring to the widely publicized pictures from Sunday , May 15, which depicted him handcuffed on the DSK, flanked by several police officers, New York. ” I am happy that we have the same legal system , “he added Gigou.

New York Mayor Michael Bloomberg, said, “ If you do not want to do Perp Walk, do not commit crime “ . But precisely here, in this sentence expressed by Bloomberg, that’s the French press, which reminds that there is a presumption of innocence and violation and her reputation and career may permanently destroy a man if he proves in the end, innocent.

Perp-walk site normally requires, bondage and arrest the suspect under the gaze of cameras, often shown in clothes prison inmates. In the U.S., the popularity of perp-walk site is attributed to former New York mayor Rudolph Giuliani, who often used this method against the banker or broker on Wall Street during his term as Attorney General of the United States.

In fact, the dispute arising from misunderstanding how it works two radically different systems of justice: the American and French. To understand, you have to draw, as did Le Figaro in an excellent info-graphic stages . In short, prosecutors must convince Americans, along with judges and jurors.DSK comparing, Monday, May 16, before a criminal court. On May 20, meaning a few days, official release is expected indictment. The process is expected to begin sometime at the end of 2011 – 2012.

Judge Melissa Jackson rejected Monday the request for release on bail (1 million U.S. dollars) under electronic monitoring (see details about effective electronic monitoring system, which costs $ 16 per day ). He argued simply:“I’m a fair judge, I’m just afraid it will run them. “ Even if he is paroled on Thursday, the trial will continue Friday. If you will be paroled and will run, will be tried and sentenced in absentia, but France has no extradition agreement with the United States. I would be legally difficult to leave because DSK has already taught American justice travel documents.

However, for an official indictment, prosecutors must convince the Friday, a Grand Jury (Grand Jury), consisting of 16 to 23 people. They shall decide by majority vote. The maid who claims she was raped by DSK testified Wednesday. There is the possibility of collusion between the lawyers of both sides, but even then the judge decides, finally, if the process continues or not.

In other words, besides the strength of evidence (DNA samples, the testimony of the housekeeper, etc.) matter and artistic effects to impress the jury , people with no special legal training, but with a crucial word in a criminal trial. For this reason, the police and prosecutors are doing everything possible not to miss. Cops are in direct subordination of the Mayor (New York, in this case), which risks a political statement when a resounding failure. On the other hand, the prosecutor is elected and he therefore very sensitive to popular sentiment.

In the case of DSK, bad luck. Attorney of New York is Cyrus Vance Jr., a Democratic activist , was a lawyer specializing in defending women’s causes. Vance Jr. won in 2009, with elections for the office smashing score by the prosecutor of New York, was elected to 91% . Son of a former secretary of state, was noted when one of his companies won a lawsuit against Boeing on behalf of 25,000 employees, who had kept accusing the company of sexual discrimination. 

So, when did Perp Walk DSK, no police, no prosecutor, no NY mayor did not have too much head beaten with the presumption of innocence, although theoretically the Americans defended it as a right to a final verdict. But the reality described above, forcing the action and show that the artistic effect of arrest is equally important that the evidence gathered in the file. And when the French press reacted harshly, as the American press responded vehemently. New York Times has noted, for example, how to let the French Roman Polanski to walk from Cannes:

“ We find that in France, many people are outraged by the fact that Strauss-Kahn was photographed handcuffed. This custom is, undeniably, one of those wrongly accused. The only thing comparable is happening in France is taking place Cannes for years. Year after year, filmmaker Roman Polanski scrolling on the red carpet smiling at the cameras, without being, rightly, worried that the French authorities would seize on the fact that he is wanted by justice in Los Angeles, where he drugged, raped and sodomized a 13-year-old girl . “ Previous Polanski DSK’s chances would be reduced to obtain release on bail, writes New York Times.

On the other hand, Washington Post, a newspaper with democratic views, admits that Perp – Walk virtually kills a career politician , “ perp-walk image is one thing of which no politician is no longer. Well, no a politician with the exception of DC’s former mayor, Marion Barry Commentators in France (…) reads shocked, outraged and embarrassed. Even if the allegations prove to New York is not real, the incident revived the memory on an adventure disloyal that Strauss-Kahn had with a subordinate . “

New Yorker wall making deals with other objections raised by the Greens leader in France, Eva Joly, cited by communists from L’Humanité, which declared, in turn, shocked: “ They are very violent image and I think ( American system) does not distinguish between an IMF director and any other suspect. … The idea of equal rights is also a judicial system more violently than they do not take into account mitigating circumstances, as happens to us and for this reason, if you choose to plead guilty and are sentenced get maximum punishment . “

Replica commentator in New Yorker, Richard Brody, is an indictment of the French justice system had considered a little too rigid and dictatorial, and an ode to the American system, based on the jury: “ The reason is the drama of Courtrooms American species and that French is not a process in America is inherently a form of theater. courtroom in France, where judges ask questions of defendants, a manifestation of power is inherently a form of subjugation, of mortification . “ Commentator put as evidence, the trailer of “Tenth District Court.

One of the bloggers at The Economist, in an article called Perp Walk , passed on these disputes. Justice systems are indeed radically different. The French system, and then was largely inspired by the Romanian justice system, places great emphasis on the presumption of innocence, made ​​slightly more complex if the American system, by the Fifth Amendment. 

But France is not too hard and knock heads with the presumption of innocence if the electoral interests require. The more than Romania, where prep-walk-is the rule and the presumption of innocence exception.particularities and Romania are notable here. In Romania, the accused lawyers themselves often called television at the DNA, to give them reason to scream their clients as victims of political, to complain of tele-justice and cry after the presumption of innocence which, carefully, not media or public opinion has to a grant, but the state through its institutions behavior.

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