Regard de femme (Policier) (French Edition)

Collaboration policière sous le régime de Vichy

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She became depressed and tried to commit suicide. Penal mediation thus implies that the two parties are equally autonomous and able to speak out. However, in cases of domestic violence, women are usually subjected to a system of control which undermines their ability to freely express themselves. Besides, it is rare for a penal mediator to be prepared to intervene in domestic violence issues.

Any citizen can apply to become a penal mediator. The Criminal Prosecution Guide recommends that certain precautions be taken when using this measure, especially if the perpetrator is especially dangerous, the victim appears to be particularly traumatised by the situation, the accused is in total denial or either of the two is opposed to it. These precautions can only be taken if penal mediators are adequately trained and aware of the difficulties of applying this measure in cases of domestic violence.

It is also essential for victims to be informed of their rights and to be accompanied by a lawyer, especially when consenting to penal mediation. However, the various precautions mentioned imply that the public prosecutor's office is aware of the facts, which is not the case if there has been no preliminary investigation instruction or swift social investigation [of the circumstances of the family].

Amnesty International therefore has serious reservations about using penal mediation in cases of domestic violence.

Other measures, such as reminding the perpetrator of the law, carrying out a swift social investigation [of the circumstances of the family], removing a violent spouse from the home, or indeed ordering the perpetrator of the violence to undergo therapy are more appropriate and should be given preference. In the event that the public prosecutor's office decides to bring the alleged perpetrator to justice, if found guilty, he will be punished in accordance with the sentences laid down in the Criminal Code.

In the end, imprisonment and fines are not often used in cases of domestic violence. Several organizations and lawyers who met with Amnesty International said that many trials for domestic violence still end with suspended sentences. For example, in cases of ITT of more than eight days, the average prison sentence is usually less than six months, whereas if the aggravating circumstance were to be applied, the maximum prison sentence would increase to five years ".

The Spanish example shows how having a strong policy in this regard can free women to speak out. Since the law on gender-based violence was adopted in Spain in the summer of , there has been a 7. Male domination of a partner and the use of violence towards that person is common across all social classes, cultures and nationalities. However, certain social constructs, such as those based on place of origin, age or sexual orientation, are sometimes the source of inequalities that may foster or reinforce the hold one partner has over the other. So it is not a matter of regarding these different characteristics as cumulative elements, but rather as elements of a complex system of inequality and domination, in which different forms of discrimination and exclusion overlap and reinforce each other.

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Foreign women who are both irregular migrants and victims of domestic violence face many difficulties. They often believe that, by reporting their situation to the justice system, the police or social services, they will risk losing any chance they may have of being allowed to stay in France. Returning to their country of origin in such circumstances means exposing themselves to rejection, ostracism and even threats or attempts on their life, because of a perception that they have failed in their marriage and therefore sullied the dignity of the entire community.

The police and justice system sometimes hold back from responding to this type of violence on grounds of cultural difference. Sexist and controlling behaviour are thus legitimised by social norms which the system would prefer not to take a position on. These interlinked and complex contexts are particularly applicable to migrants, who may be subjected to various forms of discrimination and exclusion at the same time. Haoua Lamine, President of Femmes de la Terre, Women of the Earth, says that, " in many cases, not having the right of residence is tantamount to having no rights at all. This knowledge prevents people from taking action and is responsible for perpetuating many situations that could be improved ".

Although any woman may face domestic violence, foreign women are especially isolated when it happens to them. The isolation experienced by foreign women who are subjected to domestic violence is reinforced by the very real risk of losing their right of residence, especially if it depends on their status as the partner of a French citizen or holder of a residence permit.

Their husbands or partners, aware that the woman is dependent on them for obtaining or renewing their French residence permit, do not hesitate to blackmail them, for example, by threatening to tell the Prefecture that their marriage is one of convenience if they decide to lodge a complaint.

They met in Morocco. He promised her the earth, she left everything for him, her country, her job and her family. She obtained her first residence permit. He soon became violent, would not allow her to work, wanted to make an object of her, including a sexual object. She fled and tried to lodge a complaint against him. At the police station, she was told that it would be sufficient to just make a declaration main courante.

She was able to find organizations to help her in the days after she fled, then she found a job and somewhere to live. Little by little, she began to recover from the traumatic experience she had suffered at the hands of her husband. Furious that she did not return to the marital home, he had the marriage annulled, claiming that it was a marriage of convenience. The prefecture did not renew her residence permit because her marriage had been annulled and told her to leave the country. No longer having a residence permit, she lost her job and her accommodation.

She later learned that her husband had married for a third time, using the same ploy on each occasion, without ever being held to account for it". Some men do not want to get saddled with such negotiations and are likely to throw their wife out if she does not behave as they would wish, without being taken to court for so doing. He sent for her to come to France. She then realized that he already lived with another woman, and that the latter wanted her to work as a domestic help in the house. She had a child, who had French nationality because the father is French and recognized the child as his.

The day that Madame D. She found herself out on the street with a child that her husband wanted to take away from her. She had no right of residence. She could obtain it if she could prove that her son was French. For that to happen, the father had to provide documentation, which he refused to do, thinking that it was a good way of keeping her at his mercy".

The law on immigration control, residence of foreign nationals in France and nationality, of 26 November , reduced the validity of residence permits for family members benefiting from family reunification from 10 years to one year. If a relationship breaks down rupture de vie commune within two years of the issuing of a temporary residence permit, the woman can be refused renewal of her permit or have it withdrawn.

This new provision, which seeks to ensure that more attention is paid to violence suffered by foreign women, is an important first step. However, it can only be put into practice if women have access to information and protection and support mechanisms. Foreign women who are victims of violence, irregular migrants or exposed to the risk of losing their residence permit have had their situation regularised, giving them the right to work and a greater chance of finding accommodation and training where necessary, as well as the chance to escape from the clutches of their partner.

However, in other regions, several social workers, regional officers and associations told us that such outcomes remain rare. Many women still have to deal with the lack of awareness of police officers, who refuse to record their complaint on the grounds that they do not have a residence permit, which is against the law. Social workers and health professionals are also not sufficiently informed of the rights these women have or the steps they might take to assist them. There are significant difficulties in getting domestic violence recognized for all women but this is even more the case for foreign women who are irregular migrants.

The state must ensure that information is available to all, in several languages, and that all officials are made aware of the particular nature of this issue. One dimension of family and domestic violence that adds to the difficulties encountered by migrant women is forced marriage, an issue which is all too often ignored or underestimated when considering violence towards women and girls in France. Forced marriage is a traditional and customary practice that is contrary to fundamental rights and women's rights.

To force a woman into a union, whether it be institutional namely, marriage or symbolic, religious or traditional referred to here as "union" , is a denial of her liberty and her right to equality that generally entails serious attacks on her physical and moral integrity. International law has therefore recognized the principle of free consent to marriage as one of the fundamental principles enshrined in the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and many other UN instruments.

However, it was only recently, with the adoption, in , of the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa, that the legal age of marriage was set at 18 for both parties. Various regional instruments have recently incorporated provisions banning these practices, such as:.

The African Charter on the Rights and Welfare of the Child, adopted in , and that came into force in , condemns the marriage and engagement of children;. The Bamako Declaration by African Francophone ministers on the protection of children of 29 March stated that the consent of intending spouses must be freely given and that if this is not the case, the marriage is null and any sexual act will be considered as sexual violence;.

The forced marriage situation in France is very diverse and calls for an appropriately varied response. Girls 89 or women with a residence permit in France or of French nationality, who are quite often threatened with forced marriage to a man residing in their country of origin or in that of their parents. The forced marriage may take place during a visit abroad and she may be forced to stay there but it might also take place in France. Girls or women of foreign origin who come to France to marry a French national or a compatriot.

Civil marriage, the only officially recognized type of marriage, is regulated by the Civil Code and the Code of Civil Procedure. The man must be over 18 and the woman must be over However, forced marriages have to be detected before that can happen. Whether they are minors or not, these women all need protection, shelter and support in order for their rights to be respected. This also means taking account of their wish not to break all links with their family and parents. In , the Ministry of Education organized a conference on this issue. Most of its recommendations are still relevant.

That their body and their life no longer belong to them These forms of violence are methods of the woman who has been forced into marriage under control. As this violence takes place within what should be a place of safety, the home, it has dramatic consequences on the lives of the women involved, leading, for example, to self-harm, attempted suicide, drug-taking, failure at school, crime, eating problems, psychosomatic problems, loss of identity and psychological distress. The different stages at which forced marriage can be prevented before it happens and the responsibilities of the general public and professionals.

French law states that all persons have a duty to assist a person in danger, as long as such assistance does not involve unreasonable risk to themselves. However, article of the Criminal Code releases from professional confidentiality " anyone who informs the judicial, medical or administrative authorities of deprivation or abuse, including sexual abuse, which comes to their knowledge, and which has been inflicted on a minor or on a person who is unable to protect herself or himself owing to their age or physical or mental capacity.

In addition, the law of 10 July on child protection makes it a duty for staff who have knowledge of violence perpetrated against minors aged 15 or under to report the fact. However, teachers, doctors, nurses and social workers can only intervene if they are aware of a risk. To that end, they need to receive training to enable them to assess the situation and the degree of danger and to detect the signs of forced marriage. Once the authorities have been informed, it is essential that support is available for the girl or woman under threat. The woman may be reluctant to be involved in any mediation that would mean confronting her family, and intervention by the authorities may also precipitate a decision by the parents.

As in all cases of violence against women, it is essential that women are supported in whatever action they take and that their safety is ensured at every stage of any legal proceedings. Many young women need to be able to change their minds several times before reaching a decision. Deciding to break with one's family to avoid a forced marriage is not something to be undertaken lightly.

Forced marriage in itself is not an offence under French law. However, as the Civil Code stipulates that "there is no marriage if there is no consent" 98 , marriage can be annulled by a judge at the request of either of the two spouses, or by the Public Prosecutor's Office. However, before the matter can go to court, there has to be a "French connection" facteur de rattachement , for example, in that a French national is involved, the marriage took place in France or the marital home is in France.

Under the provisions of the Civil Code, a marriage that takes place abroad can only be contested in a French court if one of the spouses is French. If both spouses are foreign nationals, the national law of their country takes precedence. Under French law, any marriage contracted abroad is considered valid if it has been celebrated in accordance with the laws of the country in question, including customary law, if the country in question has incorporated customary law into its own body of law. If either of the two spouses is French, the spouse wishing to have the marriage annulled can ask the State Prosecutor to stop the marriage being registered in France.

Diplomatic or consular representatives responsible for registering marriages in France can also defer registration and alert the State Prosecutor if they think that the marriage might or should be annulled. This procedure, being a State responsibility, takes away some of the guilt the woman might feel and also provides protection because she can point to the fact that it was the French State that made the decision.

However, the period in which this may take place is very short, as the prosecutor has six months to declare annulment and, since , all such procedures have been centralized at the registry office of the Ministry of Foreign Affairs, based in Nantes. A marriage can still be annulled after registration. This procedure is complex, very slow and expensive. In theory, women have access to legal aid to cover the costs of the procedure.

In practice, it is rarely quick or simple to obtain such aid. If the marriage has taken place abroad without the presence of the woman and she is a French national, the marriage is considered null and void in France. International law, especially international human rights law, takes precedence over national law which means that, in some cases where there are conflicting laws, it is possible to make a ruling.

All individuals residing in a territory, though subject to the laws of that territory, remain subject, in the case of personal matters, to the national law of the country of which they are a national. Bilateral agreements established between France and certain other countries, especially in North Africa, further increase the complexity of jurisdictional issues.

Refworld | France: Violence against women: a matter for the State

For example, the Civil Code stipulates that, in the case of divorce, French law can be applied to two foreign nationals if their principal residence is in France. The bilateral agreement established with Morocco in allows an exception to be made to this rule in that Moroccans residing on French territory who want a divorce remain subject to Moroccan law.

Many women in France therefore come up against these complicated conflicts of law and, despite being in France, remain subject to personal status regulations contained in the codes and laws in force in their country of origin. Under French law, a foreigner with a residence permit, which is valid for 10 years, loses their right of residence if they leave the country for more than three years. After three years' absence, they can only return to France on a tourist visa allowing them to stay for a maximum of three months.

Amnesty International requests the State to take all necessary measures to facilitate the return of these women and to restore their right of residence to them. It is also possible to take action against forced marriage as a form of domestic violence. However, in addition to the usual problems associated with such a course of action, which apply to all women who suffer domestic violence in France, foreign women face still more difficulties because of their:. Organizations working on the ground with women who have been subjected to, or are under threat of, forced marriage, especially the members of Agir Avec Elles comprising Voix d'elles, GAMS and the Commission pour l'abolition des mutilations sexuelles CAMS , Committee for the Abolition of Genital Mutilation , have expressed their opposition to making forced marriage a criminal offence.

Making it an offence in itself would pose new problems: All they usually want is for their marriage to be annulled, not court action against their parents. However, the creation of a specific offence of forced marriage would allow legal action to be taken against those who are responsible for forced marriage without having to resort to invoking other more serious offences, such as rape, sexual violence, and so on. What, therefore, should be done? It is essential to allow these girls and women to benefit from the same types of protection as all other women who are victims of violence, especially those who are victims of domestic violence, and to fight against the impunity of the perpetrators.

In conjunction with all organizations working with women on the ground, the state should conduct a serious study into this issue with a view to developing more effective methods of preventing forced marriage. At the same time, it is necessary to mobilize and educate all those who find themselves in contact with individuals who are at risk of forced marriage, especially, teachers, health professionals and social workers. The aim should also be to involve them in developing a strategy to prevent forced marriage based on equal treatment for girls and boys that guarantees them access to their rights and sex education.

Finally, it is necessary to strengthen the work already being done to make information available to newly-arrived women in a language they understand, as well as in embassies and consulates, so that everyone, whether they be male or female, has the means to identify and prevent these practices.

The State response will depend on its ability to change attitudes and practices. To be specific, this means training and raising awareness among professionals. Professionals who have to deal with domestic violence issues — justice officials, the police, health professionals — should be made aware of the issues and properly trained so that women's rights are fully guaranteed and respected.

Recommendation 19 of the CEDAW Committee reminds States that " Gender-sensitive training of judicial and law enforcement officers and other public officials is essential for the effective implementation of the Convention".

Women who have suffered domestic violence are reluctant to report the brutality to which they have been subjected by their partner. However, when they do decide to do so, their first interlocutor is usually a doctor. The Enveff survey therefore questioned women to try to find out which institutions, police stations, lawyers, social workers, doctors, forensic services, and so on that they had told about such violence. It emerged from the survey that "although the law views the brutal behaviour of a partner as a most reprehensible act, it is rarely denounced to the courts. However , it is true to say that while such behaviour is rarely denounced to the courts, it is often reported to doctors".

It concludes that, "It is therefore clear that the training of health-care personnel should be a matter of priority today ". However, the basic training programme for doctors does not contain a compulsory module on the issue of domestic violence and doctors are still often ill-prepared to deal with what their patients are telling them.

Women usually go to their general practitioner who is often known to both the victim and the perpetrator. This often makes them reluctant to do so. If they get over that hurdle, then it may be the doctor who has difficulty. How should he or she respond to a report of violence? Doctors may be tempted to see it as a private matter or to doubt the word of the victim who, having been subjected to repeated psychological violence from her partner, may make confusing statements.

Doctors may also see women in their consulting rooms for years and not realize that they are being subjected to violence. In the case of beatings, women have learned to cover them up. Besides, even when doctors detect violence or accept what the victim says, they are not necessarily equipped to know how to deal with it and how to support and protect the victim.

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The UMJ is the service that is in the best position to attend women who have suffered domestic violence. Its job is, in fact, to attend the victims of any type of crime which may require a certificate or on which the courts may request an expert opinion. Women who have been subjected to domestic violence go there either on the instructions of the police or as a result of the beatings or injuries that have caused them to go to hospital.

However, there are not very many such units in the country. Elsewhere, there is on average only about one per region, often located in the biggest town. It is much more difficult for women living well away from large towns to have access to them. Furthermore, Patrick Chariot, a forensic pathologist and one of the co-authors of the Criminal Prosecution Guide, has said that "the fact that a service exists does not mean that it is well used". In fact, he regrets the fact that the police do not necessarily direct people to the UMJ but still often prefer to leave them to obtain a certificate from their family doctor.

A UMJ unit is usually made up of a multi-disciplinary team, including one or several doctors and a psychiatrist or psychologist. Some also have agreements with organizations authorized to provide round-the-clock legal or psychological support. UMJ consultations can be funded in different ways. If a consultation takes place at the request of a court, then it is the court which covers the cost. In other cases, the woman herself will be responsible for paying the consultation fees.

Non-governmental organizations have also invested a lot of work in such training. However, it is the responsibility of the State to ensure that it is ongoing and systematic for all health professionals. The attention given to victims of domestic violence in police stations has considerably improved in recent years.

Several organizations have said, however, that the police do still sometimes discourage victims from lodging a complaint, particularly if they are unable to supply a medical certificate to support the violence. Some still discredit what the women say. As Maryvonne Chapalain points out, "women rarely go [to the police] after each bout of violence, but rather after enduring years of it".

She adds that often "women are reluctant to lodge a complaint because they think that their children will be taken away from them, or that "things will get better". The role of the police is nevertheless crucial because it is often only by going through them that these women can obtain justice. If the police were given better training and had a better understanding of the difficulties faced by women who are driven to lodging a complaint and leaving their partner, they would be able to give them more appropriate attention.

In order to train police about the realities of domestic violence, the State offers, in particular, periods of in-service training, concentrated mainly in the area around Paris. In addition, the collaboration that takes place in the context of committees set up to deal with violence against women, which is co-ordinated by the regional women's rights offices, provides an ideal forum to improve dialogue between non-governmental organizations and the police service. Some towns in France, for example, Strasbourg, have witnessed the creation of specialist units to deal with domestic violence, or the designation of dedicated officers in police stations in Paris.

Though organized on an ad hoc basis throughout the country, these measures are very encouraging. They would benefit from being incorporated into a comprehensive national plan in which genuine resources were made available to ensure that the police force as a whole receives training about the realities of domestic violence. Such a strategy should also envisage setting up appropriate mechanisms for attending to the needs of these women in all police stations throughout the country.

Nevertheless, an understanding of the realities of domestic violence is still not well entrenched in the justice system: Public prosecutors play a key role in enabling women who have been subjected to domestic violence to access the justice system. They are the ones who decide on the merits of a case: For this to happen, it is not necessary for the woman to pursue her complaint because, once a matter has been brought to their attention, they can, if they deem it appropriate, decide to follow it up themselves.

This option relieves women of some of the guilt they feel.

France: Violence against women: a matter for the State

However, it should be used with caution and only with the agreement of the victim. Public prosecutors also have the power and thus the responsibility for deciding what measures should be taken to guarantee protection for women who have suffered domestic violence. Right from the start of proceedings they may decide to issue the accused with a summons or order him to leave the marital home. Later on, once sentence has been passed, they can decide to take other measures to, in theory, give the woman some security and peace of mind.

The inadequacy of the justice system's response to domestic violence cannot be considered without taking into account the inadequacy of the human and material resources available to public prosecutors. Only concerted work between the different professionals working in the field, the State and non-governmental organizations will bring results. These positive steps towards improving the way in which public prosecutors deal with domestic violence can only achieve actual results if they are accompanied by an increase in awareness and the strengthening of basic and ongoing training on the subject.

Although measures and provisions for fighting domestic violence do exist, they are very diverse and patchy and are not applied in a uniform way across the country.

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Amnesty International calls on the State to establish a framework for its intervention and to ensure that all its services have the necessary resources and information to be able to carry out coordinated and effective work. Finally, Amnesty International urges the French authorities to ensure that all women who suffer domestic violence in France have the right to similar protection, whatever their nationality or residence status. When making such evaluations, the opportunity should also be taken to offer follow-up to the women concerned.

Amnesty International calls on the authorities to ensure that there is a better connection between civil and criminal proceedings.

As soon as the competent authorities become aware of a situation of violence, they should without delay make sure that appropriate protection measures are taken to protect the woman from further violence and that the perpetrators are summoned to appear in court without delay and removed from the family home if the situation warrants it. In the event of the latter, it is essential that the situation of both the victim and the perpetrator is monitored. Amnesty International has serious reservations about the use of penal mediation in cases of domestic violence.

Such arrangements should be incorporated into a coherent and coordinated policy that is implemented in a uniform way at national as well as local level. With regard to forced marriages, the State should act with due diligence to prevent them, investigate them when they occur and punish them in accordance with national law. Trafficking in women for the purpose of forcing them into prostitution is not only a criminal offence but also a violation of human rights which, among other things, threatens the liberty, security, mental and physical integrity and even the lives of these women.

According to these obligations, the French authorities have to exercise due diligence to prevent trafficking in human beings, to investigate allegations of such activities and punish the perpetrators and, lastly, to provide assistance to the victims and ensure that they receive adequate reparation. Since the Law on Internal Security was adopted in , France has incorporated the offence of trafficking in human beings into national law and increased the penalties for living off immoral earnings.

This law also makes provision for a temporary residence permit to be issued to victims of trafficking, provided they denounce the traffickers. However, no provision has been made for any mechanism to ensure the safety of such persons and support structures are cruelly lacking. These days, in the absence of any real political will, or the means of identifying the victims of trafficking for the purpose of prostitution, such persons are regarded as offenders. Action is taken against them as prostitutes engaged in the practice of soliciting, on the one hand, and, in some cases, as illegal immigrants, on the other.

Under the terms of international treaties, the authorities are obliged to ensure that such people have access to information concerning their rights in a language they understand. Initial and ongoing training of all professional workers involved, especially law enforcement officials, investigating judges and the social services, must deal with the practice of human trafficking for the purpose of prostitution. Lastly, trafficked women must have access to adequate and secure reception and support facilities to guarantee that their fundamental rights are protected unconditionally.

France cannot limit itself to prosecuting and punishing the traffickers but must put respect for, and the protection of, fundamental human rights at the heart of its action. Amnesty International calls on the French authorities to ensure that anyone in the hands of traffickers receives unconditional help and protection and is not prosecuted for actions that result from the fact that they are victims of trafficking in human beings.

The testimonies reported here were obtained during interviews conducted by Amnesty International with people who have been trafficked, or with the assistance of their lawyers and the organizations that have supported them. Trafficking in women for the purpose of forcing them into prostitution is one of the most serious abuses of fundamental human rights.

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They are all the more exposed to violence if they are in a country whose authorities show contempt for their rights and deny them protection and access to justice. In France it is still too frequently the case that the authorities and society see these women as nothing more than prostitutes who are disturbing the peace and, if they are illegal immigrants, undesirables who cannot be helped. More than once, when giving her testimony, F. Why was I trafficked? Why did the traffickers pick me out to make money for them? And why am I now being convicted? Most of the women trafficked for the purpose of prostitution in France come from eastern Europe, the Balkans, North Africa, sub-Saharan Africa and Asia.

Cases of French women have been reported to us, but they are far less common. France is both a destination and transit country, to which women are brought by the traffickers before sending them on to another, usually European, country. Yet there seems little doubt that many harboured a genuine sympathy for elements of the poor and did not perceive them merely as a semi-criminal class forever estranged from the rest of society. However, if most police officers did recognise some sort of effectual correlation between poverty and crime but did not believe that all of the poorer elements of society were criminals or even potential criminals , what then did they regard as the nature of the causative link?

Putting an emphasis firmly on personal morality, Mace claimed that the excuse of poverty was rare and that those who stole were generally unruly and pleasure seeking. Indeed he concluded that only one thief in a thousand was acting out of need or desperation. However, few other officers acceded to his simplistic view that criminality among the poor was merely the result of a lack of will-power.

Certainly in Bent's opinion, drink led to poverty, and the two combined often led eventually to crime. In France, too, there was concern among the police about the putative inducements to crime generated by the combination of alcohol and poverty. How can it be otherwise? Yet he, too, evinced a certain level of compassion and realised that 'few of us so circumstanced would have found it easier to have said: Alcohol abuse was linked by the police to poverty and thence to crime but many officers particularly among the English were remarkably non-judgemental, in print at least Despite this, a predilection for drink was not always seen as a weakness solely afflicting the poor, nor was alcoholism perceived purely in terms of deficient personal morality.

In many memoirs there is an indirect stress on the environment within which the poor lived and on the corrupting influences of slum life. The poorer classes, it was felt, were often constrained to live in close proximity to vice and crime and, in keeping with contemporary theories of urban degeneration, this was seen to have an inevitably detrimental effect on them both morally and physically.

Given life in such districts, opportunities for crime were rife and temptations to dishonesty were hard to resist for the poor. Although generally incognizant of the specific terminology of the degeneration debate, many memoirs demonstrate a specific concern with the continual corruption of new generations of poor children brought up in harsh city environments. Such views, with implicit overtones of degeneration theory, were not uncommon.

However, the routine, daily contact between the two usually negated any inclination towards sweeping generalisations concerning the conjectural correlation between poverty and crime. Far more common was a sympathetic stress on the harshness of the urban environment and the potential for contamination by enforced proximity to hardened recidivists, particularly for destitute children, surrounded by both temptation and squalor.

Yet the perceived relationship between poverty and crime was not always impersonal and collective and in common with civilian commentators, many officers also referred to the debilitating effects of alcoholism, which was often perceived as a cause of both poverty and crime. Only a few were clear sighted enough to recognise such abuse as a possible result of poverty rather than its source, and in general policemen were intolerant of such excess among the poor and still considered it indicative of lax and self-destructive personal morality.

Regardless of terminology, to be without a home, a job and adequate resources was still an offence in both England and France at the end of the nineteenth century, and the administration of vagrancy legislation occupied a large tranche of police time. Despite gradually declining arrest figures in both France and England, vagrants were perhaps the most unpopular of all elements of the poor.

Of all the readily identifiable sub-groups of the poor, vagabonds were the most often viewed as 'set apart' from the rest of society by the police. As Patrick Gaboriau observes, many believed that the vagabond threatened l'ordre social and that society needed to protect itself from such individuals Where vagrants were concerned there was at least the possibility that they were in actuality honest labourers down on their luck, but the caravans and clothing of gypsies immediately identified them as wanderers by choice and the French police seem to have assumed, mostly without question, their innate criminality It is likely that some chief constables, particularly those in rural areas, retained a perception of the tramp as a potential criminal, or at least as a suspicious character until well into the early twentieth century.

This involved the distribution of tickets for the casual wards of work houses and was not a task they appreciated. However, it does appear that, in print at least, the British police were not so sweepingly vitriolic in their assessment of the potential criminality of vagrants as the French. It should also be noted that the French police generally found vagrancy more of an intractable problem than their English counterparts. While police perceptions of the itinerant were similar in both countries, there were discernible differences in scale.

Vagrancy was a criminal offence in both countries, but the corresponding mechanisms for dealing with itinerancy differed. In France the police were essentially alone in dealing with the problem. Vagrancy was perceived to be primarily a policing issue and whenever matters rose to a head, it was always the commissaires and gendarmes who were pressed into service Any not sentenced to imprisonment were usually released onto the streets, often only to be re-arrested again a few days later.

The lack of a viable alternative to the criminal justice approach to itinerancy must have meant that, despite calls during the s for the establishment of workhouse-style places of refuge, the police bore most of the responsibility for the regulation of vagrancy in France. In England, the Houseless Poor Act of had attempted to improve the casual wards of workhouses, and in the possibility of detaining recalcitrant vagrants had been introduced. The overall effects of this legislation may not have been dramatic, but the presence of a basic state welfare structure must have meant that police contact with vagrants was lessened.

Except for hardened recidivists, the place for vagrants was in the workhouse and the responsibility of the police was principally to deliver them there. The English police no doubt found contact with such individuals distasteful, but statistics show that vagrancy was less of an irritant to the police on this side of the Channel, who were able to maintain a distance from the problem unavailable to the French. Despite this, it should again be noted that the differences in attitude between the French and English police were primarily ones of scale and intensity. The basic perceptions of vagrants, and indeed itinerants in general, remained remarkably congruent in both countries.

The ongoing development of modern, urban society with its relatively durable economic interrelationships was increasingly leading to a fear of mobility and the problems it could cause, and a concomitant desire for identification and stability Many were convinced that numerous beggars and mendicants were not in a genuine state of fiscal desperation and it was common to blame the public for this. Yet officers also recognised that there were cases of real need. In one anecdote Bent relates how he arrested an ex-soldier for begging but discovered that he had been unable to obtain relief in the parish of his birth.

Most were suspicious that not all beggars were genuine and many shared public perceptions that indiscriminate charity served only to create a class of individuals who thrived on counterfeit mendicancy. Yet the police were equally aware that not all beggars were spurious, and some felt that better provisions welfare facilities were required. French police authors were by no means overly sentimental, yet many still convey a sense of their familiarity with the poor, a certain intimation of respect for those who remained 'honest' and overall vagrants excepted , a distinct lack of prejudice.

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