Drug Addiction, Insanity, and Competency: How the Halimi Case Galvanizes a U.S.-Inspired Reform of France's Criminal Responsibility System

Authors

Ruben Attia, Benjamin N. Cardozo School of Law

Abstract

The Halimi case, culminating in a verdict from the Court of Cassation in April 2021, has ignited intense and contentious debates on criminal responsibility, leading to a profound erosion of public trust in the French judicial system. This Note delves into the urgency of addressing the issues presented by Halimi and emphasizes the necessity for innovative approaches within the French legislative framework. Striking a delicate balance between permitting the trial of controversial cases and upholding the age-old moral duty of excluding the mentally insane from guilty verdicts, this Note compares the intricacies of criminal responsibility in France with those in the United States. As this Note dissects the French legalframework, it sheds light on potential shortcomings and identifies areas for improvement. Moreover, it presents recommendations for reforming the French criminal legal system, with a steadfast commitment tofostering a more justice-oriented decision-making process in the courts

Disciplines

Comparative and Foreign Law | International Law | Labor and Employment Law | Law | Law and Society | Rule of Law

Recommended Citation

Ruben Attia, Drug Addiction, Insanity, and Competency: How the Halimi Case Galvanizes a U.S.-Inspired Reform of France's Criminal Responsibility System, 7 Cardozo Int’l & Compar. L. Rev. 607 (2024).
Available at: https://larc.cardozo.yu.edu/ciclr/vol7/iss2/6