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{{short description|Person assisting a judge in a trial}}

A '''lay judge''', sometimes called a lay [[assessor (law)|assessor]], is a person assisting a [[judge]] in a trial. Lay judges are used in some [[civil law (legal system)|civil law]] jurisdictions. Lay judges are appointed volunteers and often require some legal instruction. However, they are not permanent officers. They attend proceedings about once a month, and often receive only nominal or "costs covered" pay. Lay judges are usually used when the country does not have [[jury|juries]]. Lay judges may be randomly selected for a single trial (as jurors are), or politically appointed. In the latter case they may usually not be rejected by the prosecution, the defense, or the permanent judges. Lay judges are similar to [[magistrates of England and Wales]], but magistrates sit about twice as often.

==In different countries==

=== Austria ===

{{further informationFurther|Judiciary of Austria}}

In criminal proceedings, lay judges sit alongside professional judges on cases carrying a maximum punishment of more than five years, as well as for [[political crime]]s. Lay judges are also used in labor, social, and commercial law disputes.

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{{Unreferenced section|date=November 2018}}

In Brazil, the Law Nº 9.099/1995 created the "Juizados Especiais" (Special Petty Courts), with restricted jurisdiction to settle small claims (understood as those with a "lawsuit worth" lower than 40 times the country's [[minimum wage]]) and/or criminal [[misdemeanor]]s (listed in the Executive Order Nº 3.688/1941). In this procedure, lay judges act under supervision of judges to preside over the court as well as to act as conciliators. Their decisions, called "''{{lang|pt|pareceres}}''", are submitted to the judge for homologation before it has any effects on [[inter partes|between the parties]]. According to the law, lay judges must be selected among [[lawyers]] with more than 2 years of experience.

=== IsraelFinland ===

{{RefimproveMore citations needed section|date=November 2018}}

In Finland, two (previously and sometimes also today three) lay judges (''lautamies'', nominative pl. lautamiehet) are called in intofor serious or complicated cases in district courts, to accompany a professional, legally trained judge. The professional judge is the chairmanchair of the panel, but otherwise the judges have equal rights. The aim is to introduce their "common sense of justice" into the process. Simpler cases are handled by one or three professional judges, and all Appeals Court, Supreme Court and administrative court judges are necessarily professional.

Lay judges are appointed by local municipal councils, in practice by negotiations between political parties, from among volunteers. Each municipality elects a number of lay judges depending on its size, orwith two atas the minimum. The minimum qualifications are Finnish citizenship, full citizenship rights (i.e.a lay judge may not be a dependent or in bankruptcy), 25–64 years of age when elected, and general suitability for the position. Lay judges must resign at the age of 68 at the latest. Officials of the judicial, law enforcement or corrections authorities, such as prosecutors, attorneys, policemen, distrainers or customs officers, may not be elected as lay judges.

New legislation (2009) has limited the role of lay judges. They are employed only in serious criminal cases, which comprised 6% of cases in 2013., Instead,while 29% of cases were handled in writing and 65% with a single professional judge. Almost all (>94%) cases concerning homicideshomicide, child molestationsmolestation and vandalismsabotage are handled withby lay judges.<ref>{{cite web|url=http://www.verkkouutiset.fi/kotimaa/lautamiehet-21889|title=Lautamiehet mukana enää 6 prosentissa rikosjutuista|language=Finnishfi|last=Ahtokivi|first=Ilkka|date=10 June 2014}}</ref> Formerly they always sat in, for instance, family law proceedings. On average, lay judges sit in session for 12 days a year, or 20 days at maximum.

=== Germany ===

{{further informationFurther|Judiciary of Germany}}

Except for most crimes for which the [[trier of fact]] is a single professional judge, and serious [[political crime]]s which are tried before a panel of professional judges, in the [[judiciary of Germany]] all charges are tried before mixed tribunals on which lay judges (''{{lang|de|Schöffen}}''; a kind of lay judge) sit side by side with professional judges.{{sfn|Casper|Zeisel|1972|p=141}} Section 263 of the German Code of Criminal Procedure requires a two-thirds majority for most decisions unfavorable to the defendant; denial of probation by simple majority is an important exception.{{sfn|Casper|Zeisel|1972|p=141}} In most cases lay judges do not directly examine documents before the court or have access to the case file.{{sfn|Malsch|2009|p=137}}

The only statutory criterion is that lay judges must be citizens who have not been convicted of, or been under investigation for, a serious crime.{{sfn|Casper|Zeisel|1972|p=182}} However, people "ought not" to be chosen if they are under 25 years old or over 70 years old, very high government officials, judges, prosecutors, lawyers, policemen, ministers, or priests, or don'tdo not live in the community at the time of selection, or have been a lay judge in the past two terms.<ref>[https://www.gesetze-im-internet.de/gvg/__33.html § 33 GVG]</ref>{{sfn|Casper|Zeisel|1972|p=182}} In addition, people may refuse to serve if they are over 65 years old, members of the federal or state legislatures, doctors, nurses, [[:wikt:druggist|druggists]] if working alone, or housewives if overburdened, or have served as a lay judge in the preceding term.{{sfn|Casper|Zeisel|1972|p=182}} Applications can be made to become a lay judge by interested citizens, but this does not occur often, and welfare institutions, sports clubs, financial and health insurance institutions, trade unions, industrial companies and other [[:wiktionary:public authority|public authorities]] are primarily called upon to nominate candidates. It appears that motivation includes social responsibility, image cultivation, advertising, and participation in [[fine (penalty)|fine]] allocation.{{sfn|Malsch|2009|p=137}}

Lay judges are selected by a selection committee from lists that are approved by municipal councils (''{{lang|de|[[:de:Gemeinderat (Deutschland)|Gemeinderat]]}}'') with a two-thirds majority of attending local councilors.{{sfn|Casper|Zeisel|1972|p=182}}{{sfn|Bell|2006|p=153}} The selection committee consists of a judge from the [[Amtsgericht]], a representative of the state government, and ten "trusted citizens" (''{{lang|de|Vertrauenspersonen}}'') who are also elected by two-thirds of the municipal cuncilcouncil, and selects from the list of candidates the number needed to staff the various tribunals.{{sfn|Casper|Zeisel|1972|p=182}}{{sfn|Bell|2006|p=153}} The practice was similar in [[East Germany]].{{sfn|Wolfe|1994|pp=503-504}}

Lay judges have historically been predominantly middle-aged men from middle-class backgrounds, largely due to a selection procedure in which personal acquaintance, political affiliation and occupation all play an important role.{{sfn|Bell|2006|p=153}}{{sfn|Vogler|2005|p=245}} A study conducted in 1969 found that, of the lay judges in its sample, approximately 25% were [[civil service]] employees, compared to only about 12% being [[blue-collar worker]]s.{{sfn|Casper|Zeisel|1972|p=183}} A study published in 2009 put this number at 27% civil service employees versus 8% of the general population, and noted the relatively high numbers of [[housewife|housewive]]s, the relatively low number of [[private sector]] employees, and relative old age of lay judges.{{sfn|Malsch|2009|p=137}}

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Under the [[Constitution of Greece]] and the Code of Criminal Procedure, all felonies except for a select few felonies of special nature (such as terrorism) must be tried by a "Mixed Jury Court" composed of three professional judges including the President of the Court and four lay judges.

=== FinlandHungary ===

The Fundamental Law of Hungary states that "non-professional judges shall also participate in the administration of justice in the cases

{{Refimprove section|date=November 2018}}

and ways specified in an Act." In these cases, the court adjudicates in a panel which is composed of 1 professional judge and 2 lay judges or 2 professional judges and 3 lay judges. Lay judges are elected by city councils and can be Hungarian citizens between the age of 30 and 70 years who have not been convicted.

In Finland, two (previously and sometimes also today three) lay judges (''lautamies'', nominative pl. lautamiehet) are called in into serious or complicated cases in district courts, to accompany a professional, legally trained judge. The professional judge is the chairman of the panel, but otherwise the judges have equal rights. The aim is to introduce their "common sense of justice" into the process. Simpler cases are handled by one or three professional judges, and all Appeals Court, Supreme Court and administrative court judges are necessarily professional.

Lay judges are appointed by local municipal councils, in practice by negotiations between political parties, from volunteers. Each municipality elects a number of lay judges depending on its size, or two at minimum. The minimum qualifications are Finnish citizenship, full citizenship rights (i.e. may not be a dependent or in bankruptcy), 25–64 years of age when elected, and general suitability for the position. Lay judges must resign at the age of 68 at the latest. Officials of the judicial, law enforcement or corrections authorities, such as prosecutors, attorneys, policemen, distrainers or customs officers may not be elected as lay judges.

=== Israel ===

New legislation (2009) has limited the role of lay judges. They are employed only in serious criminal cases, which comprised 6% of cases in 2013. Instead, 29% of cases were handled in writing and 65% with a single professional judge. Almost all (>94%) cases concerning homicides, child molestations and vandalism are handled with lay judges.<ref>{{cite web|url=http://www.verkkouutiset.fi/kotimaa/lautamiehet-21889|title=Lautamiehet mukana enää 6 prosentissa rikosjutuista|language=Finnish|last=Ahtokivi|first=Ilkka|date=10 June 2014}}</ref> Formerly they always sat in for instance family law proceedings. On average, lay judges sit in session for 12 days a year, or 20 days at maximum.

While all criminal cases in Israel are tried by professional judges without any lay participation, cases in the [[Labor Courts of Israel]], which hear labor disputes and cases involving Israel's social security system, are heard by professional judges sitting alongside lay judges. Cases in the Regional Labor Courts are heard by a single professional judge alongside two lay judges, one of whom has experience in the labor sector and another with experience in management, while appeals to the National Labor Court, which hears appeals from the Regional Labor Courts, are heard by three professional judges alongside a lay judge from the labor side and a lay judge from the management side. Lay judges in Israeli labor courts are appointed by the Minister of Justice and the Minister of Labor, and serve for a three-year period. They have equal voting power to the professional judges.<ref>https://www.lawschool.cornell.edu/research/ILJ/upload/Colby-final.pdf {{Bare URL PDF|date=March 2022}}</ref>

The military court system of the [[Israel Defense Forces]] also employs officers as lay judges. Hearings in district military courts are generally presided over by a professional military judge and two officers who serve in units based in the court's regional district who generally do not have a legal background. Hearings in the [[Military Court of Appeals]], the supreme military court of Israel, are generally presided over by two professional judges and one officer acting as a lay judge.

=== Israel ===

While all criminal cases in Israel are tried by professional judges without any lay participation, cases in the [[Labor Courts of Israel]], which hear labor disputes and cases involving Israel's social security system, are heard by professional judges sitting alongside lay judges. Cases in the Regional Labor Courts are heard by a single professional judge alongside two lay judges, one of whom has experience in the labor sector and another with experience in management, while appeals to the National Labor Court, which hears appeals from the Regional Labor Courts, are heard by three professional judges alongside a lay judge from the labor side and a lay judge from the management side. Lay judges in Israeli labor courts are appointed by the Minister of Justice and the Minister of Labor, and serve for a three-year period. They have equal voting power to the professional judges.<ref>https://www.lawschool.cornell.edu/research/ILJ/upload/Colby-final.pdf</ref>

=== Japan ===

{{main|Lay judges in Japan}}

A system for trial by jury was first introduced in 1923 under [[Prime Minister]] [[Katō Tomosaburō]]'s administration. Although the system generated relatively high acquittal rates,<ref>{{cite journal |last=Johnson |first=David T. |title=Early Returns from Japan’sJapan's New Criminal Trials |url=https://apjjf.org/-David-T.-Johnson/3212/article.html |journal=The Asia-Pacific Journal: Japan Focus |date=7 September 2009 |volume=7 |issue=36}}</ref> it was rarely used, in part because it required defendants to give up their rights to appeal the factual determinations made.<ref>{{cite journal |last=Dobrovolskaia |first=Anna |title=The Jury System in Pre-War Japan: An Annotated Translation of “The"The Jury Guidebook”Guidebook" (Baishin Tebiki) |url=http://blog.hawaii.edu/aplpj/files/2011/11/APLPJ_09.2_dobrovolskaia.pdf |journal=Asian-Pacific Law & Policy Journal |date=2008 |volume=9 |issue=2 |page=238}}</ref> The system lapsed by the end of [[World War II]].<ref>Haley, JO, The Spirit of Japanese Law, Univ. of Georgia Press, 1998, p. 52.</ref> In 2009, as a part of a larger judicial reform project, laws came into force to introduce citizen participation in certain criminal trials by introducing lay judges. Lay judges comprise the majority of the judicial panel. They do not form a [[jury]] separate from the judges, likeas in a [[common law]] system, but participate in the trial as [[Inquisitorial system|inquisitorial]] judges in accordance with the [[Civil law (legal system)|civil law]] legal tradition,. whoThey actively analyze and investigate evidence presented by the defense and prosecution.

A system for trial by jury was first introduced in 1923 under [[Prime Minister]] [[Katō Tomosaburō]]'s administration. Although the system generated relatively high acquittal rates,<ref>{{cite journal |last=Johnson |first=David T. |title=

Early Returns from Japan’s New Criminal Trials |url=https://apjjf.org/-David-T.-Johnson/3212/article.html |journal=The Asia-Pacific Journal: Japan Focus |date=7 September 2009 |volume=7 |issue=36}}</ref> it was rarely used, in part because it required defendants to give up their rights to appeal the factual determinations made.<ref>{{cite journal |last=Dobrovolskaia |first=Anna |title=The Jury System in Pre-War Japan: An Annotated Translation of “The Jury Guidebook” (Baishin Tebiki) |url=http://blog.hawaii.edu/aplpj/files/2011/11/APLPJ_09.2_dobrovolskaia.pdf |journal=Asian-Pacific Law & Policy Journal |date=2008 |volume=9 |issue=2 |page=238}}</ref> The system lapsed by the end of [[World War II]].<ref>Haley, JO, The Spirit of Japanese Law, Univ. of Georgia Press, 1998, p. 52.</ref> In 2009, as a part of a larger judicial reform project, laws came into force to introduce citizen participation in certain criminal trials by introducing lay judges. Lay judges comprise the majority of the judicial panel. They do not form a [[jury]] separate from the judges, like in a [[common law]] system, but participate in the trial as [[Inquisitorial system|inquisitorial]] judges in accordance with the [[Civil law (legal system)|civil law]] legal tradition, who actively analyze and investigate evidence presented by the defense and prosecution.

=== Norway ===

{{further informationFurther|Judiciary of Norway}}

{{RefimproveMore citations needed section|date=November 2018}}

In the [[district court (Norway)|district courts of Norway]], lay judges sit alongside professional judges in mixed courts in most cases.{{sfn|Malsch|2009|p=47}} In most cases, 2two lay judges sit alongside 1one professional judge. The court leader (''Sorenskriver'') may decree that a case have 3three lay judges sitting alongside 2two professional judges if its workload is particularly large or if there are other significant reasons.<ref>{{cite web|url=http://lovdata.no/dokument/NL/lov/1981-05-22-25/KAPITTEL_5-5#§293|title=Lov om rettergangsmåten i straffesaker (Straffeprosessloven). Femte del. Saksbehandlingens enkelte ledd.|language=Norwegianno|accessdateaccess-date=1 August 2014}}</ref> Decisions are made by [[majority|simple majority]].{{sfn|Malsch|2009|p=47}}

Lay judges also serve duringin criminal cases in the [[Court of appeal (Norway)|appellate courts]]. ForFrom smaller1. casesJanuary 2018, the courtCourt of Appeal is convened with threetwo professional- and fourfive lay judges. IfBefore 1. January 2018, if the crime carriescarried a maximum sentence of six years imprisonment or more, the lay judges arewere replaced with a jury. The jury iswas chosen from the same list as the lay judges, meaning that lay judges in the appellate courts also serveserved as jurors. If the jury findsfound the defendant guilty, the jury spokesperson, and three other jurors selected at random, serveserved as lay judges during the sentencing. In the few cases where thea professional judges overturn the jury's verdict, regardless of whether the original verdict was one of guilt or innocence, the case iswas re-triedretried with three professional judges and four lay judges.

In the [[Supreme Court of Norway|Supreme Court]], there are no lay judges.

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=== Serbia ===

In Serbian courts, certain criminal and civil cases are heard by panels composed of professional and lay judges, while others are heard solely by professional judges. In non-litigious civil proceedings regarding housing rights, cases are heard by one professional judge and two lay judges. In criminal proceedings, cases which are punishable by more than eight and up to twenty years' imprisonment are heard by a single professional judge and two lay judges, while cases involving offenses punishable by between thirty and forty years' imprisonment are heard by panels composed of two professional judges and three lay judges.<ref>{{Cite web|url=https://www.vk.sud.rs/en/jurisdiction-courts-0|title = Jurisdiction of courts|date = 4 April 2014}}</ref>

=== Sweden ===

{{further informationFurther|Judiciary of Sweden}}

In first- and second-tier Swedish courts, both in the general and the administrative hierarchy, politically appointed lay judges (''{{lang|sv|nämndemän}}'') sit alongside professional judges in district and appellate general and administrative courts, but decide virtually no civil cases.{{sfn|Terrill|2009|pp=248–249}}<ref>[http://www.domstol.se/templates/DV_InfoPage____2367.aspx Courts of Sweden: District court judgment] {{Webarchive|url=https://web.archive.org/web/20180406041651/http://www.domstol.se/templates/DV_InfoPage____2367.aspx |date=2018-04-06 }}, retrieved on February 1, 2010</ref> Lay judges are always in the majority in [[District courts of Sweden|district courts]], whereas the professional judges are in the majority in the [[Courts of appeal in Sweden|appellate courts]].

[[Municipal assembly (Sweden)|Municipal assemblies]] appoint lay judges for the district courts and the [[County Councils of Sweden|county councils]] appoint lay judges for the appellate and county administrative courts.{{sfn|Terrill|2009|pp=248–249}} They are appointed for a period of 4 years, and may not refuse appointment without valid excuse such as an age of 60 years.{{sfn|Terrill|2009|pp=248–249}} Typically, a lay judge will serve one day per month in court during his or her tenure.

In principle, any adult can become a lay judge.{{sfn|Malsch|2009|p=48}} Lay judges must be Swedish citizens and underover 7018 years old.{{sfn|Terrill|2009|pp=248–249}} People that cannot be lay judges are judges, [[officer of the court|court officers]], prosecutors, police, attorneys, and professionals engaged in judicial proceedings.{{sfn|Terrill|2009|pp=248–249}} In practice, lay judges in Sweden are elderly, wealthy, and better-educated.{{sfn|Malsch|2009|p=48}} Lay judges are usually [[politician]]s with the local authority from which they are appointed, appointed in proportion to political party representation at the last local elections.{{sfn|Bell|2004|pp=299–300}}{{sfn|Bell|2004|p=306}}

The use of lay judges in Sweden goes back to Medievalthe timesMiddle Ages.

=== Denmark ===

{{Further|Courts of Denmark}}

Approximately 15,000 lay judges currently serve in all Danish courts except the [[Supreme Court (Denmark)|Supreme Court]]. Lay judges are selected from the population for a period of four years, and have essentially equal influence to the professional judges in determining guilt and sentencing. In regional courts, two lay judges sit alongside one professional judge, and decisions are made by [[majority|simple majority]].<ref>{{Cite web|url=https://www.domstol.dk/til-dig-der-er/laegdommer/|title=Lay judges (Denmark)|publisher=Danmarks Domstole|language=da|date=15 November 2024}}</ref>

Civil participation in the judicial system, including criminal justice, is mandated by section 65 of the [[Constitution of Denmark]].<ref>{{Cite web|url=https://www.ft.dk/da/folkestyret/domstolene/byret-landsret-og-hoejesteret/|title = Courts (Denmark)|publisher=Folketinget|language=da}}</ref>

=== Taiwan ===

{{main|Lay judges in Taiwan}}

President [[Tsai Ing-wen]] discussed the implementation of lay judges within the Taiwanese legal system in 2016, and later convened the National Conference on Judicial Reform, which met through 2017. In July 2020, the [[Legislative Yuan]] passed the National Judges Act to regulate lay judges. The system is scheduled to be implemented in January 2023.

==Historical examples==

=== Germany ===

Lay judgesThere have been utilizedlay judges in Germany throughout hersince early history and the Middle Agestimes.{{sfn|Casper|Zeisel|1972|p=137}} A [[Swabia]]n ordinance of 1562 called for the summons of jurymen (''{{lang|de|urtheiler}}''), and various methods were in use in [[Emmendingen]], [[Oppenau]], and [[Oberkirch (Baden)|Oberkirch]].{{sfn|Forsyth|1852|p=369}} [[Hauenstein]]'s charter of 1442 secured the right to be tried in all cases by 24 fellow equals, and in [[Freiburg im Breisgau|Friburg]] the jury was composed of 30 citizens and councilors.{{sfn|Forsyth|1852|p=370}} The modern jury trial was first introduced in the [[Rhineland|Rhenish provinces]] in 1798, with a court consisting most commonly of 12 citizens (''{{lang|de|[[:wiktionary:Bürger|Bürger]]s}}'').{{sfn|Forsyth|1852|p=369}}

The system whereby citizens were tried by their peers chosen from the entire community in open court was gradually superseded by an "engine of tyranny and oppression" in Germany in which the process of investigation was secret and life and liberty depended upon judges appointed by the state.{{sfn|Forsyth|1852|p=371}} In [[Konstanz|Constance]] the jury trial was suppressed by decree of the [[Habsburg Monarchymonarchy]] in 1786.{{sfn|Forsyth|1852|p=370}} The [[Frankfurt Constitution]] of the failed [[Revolutions of 1848 in the German states|Revolutions of 1848]] called for jury trials for "the more serious crimes and all political offenses",{{sfn|Casper|Zeisel|1972|p=137}} but was never implemented. An 1873 draft on criminal procedure produced by the [[Prussia]]n Ministry of Justice proposed to abolish the jury and replace it with the mixed system, causing a significant political debate.{{sfn|Casper|Zeisel|1972|p=139}}

The [[Kingdom of Hanover]] during the Confederation was the first to provide a mixed system of judges and lay judges in 1850, which was quickly adopted by a number of other states, with the Hanoverian legislation providing the model for the contemporary ''{{lang|de|Schöffengericht}}'' (lay judge or mixed court).{{sfn|Casper|Zeisel|1972|p=138}} The German code on court constitution called {{lang|de|[[:de:Gerichtsverfassungsgesetz|Gerichtsverfassungsgesetz]]}} (GVG) of 27 January 1877 provided that the ''{{lang|de|Schwurgericht}}'' (jury court) would consist of three judges and twelve jurymen,{{sfn|Casper|Zeisel|1972|p=138}}{{sfn|Wolff|1944|loc=footnote 7, pp. 1069-1070}}{{sfn|Wolff|1944|p=1074}} alongside the mixed court, with the jury court reserved for serious crimes except political crimes.{{sfn|Casper|Zeisel|1972|p=139}} Lay judges were in use in the [[Bavaria]]n [[People's Court (Bavaria)|People's Court]] of November 1918 to May 1924,{{sfn|Bauer|2009}}{{sfn|Volksgericht|1924}}{{sfn|Fulda|2009|p=69}} and the infamous [[Nazi Germany|Nazi]] [[People's Court (Germany)|People's Court]].{{sfn|Casper|Zeisel|1972|p=141}}

The [[jury]] was abolished by the [[Emminger Reform]] of 4 January 1924,{{sfn|Kahn-Freund|1974|loc=footnote 73, p. 18}} ostensibly as an emergency, money-saving measure in a period of acute financial stringency,{{sfn|Vogler|2005|p=244}} during an [[Article 48 (Weimar Constitution)|Article 48]] state of emergency and its [[enabling act#In Germany|enabling act]] caused by events surrounding the [[occupation of the Ruhr]].{{sfn|Mulligan|2005|p=173}}{{sfn|Shirer|1990|p=64}} The emergency decree abolished the jury in the ''{{lang|de|Schwurgericht}}'' and replaced it with a mixed system of three professional judges and six lay judges, but kept the original name.{{sfn|Kahn-Freund|1974|loc=footnote 73, p. 18}}{{sfn|Vogler|2005|p=244}} In 1934, nomination of [[Jew]]s and [[Communist]]s as lay judges was forbidden, and selection was restricted to [[Nazi]] supporters.{{sfn|Vogler|2005|p=244}} Between 1948 and 1950 in [[Allied-occupied Germany|American-occupied Germany]] and the [[West Germany|Federal Republic of Germany]], [[Bavaria]] returned to the jury trial as it had existed before the emergency decrees,{{sfn|Casper|Zeisel|1972|p=141}}{{sfn|Vogler|2005|p=245}} but they were again abolished by the 1950 Unification Act (''{{lang|de|Vereinheitlichungsgesetz}}'') for the Federal Republic.{{sfn|Casper|Zeisel|1972|p=141}}{{sfn|Vogler|2005|p=245}}{{sfn|Coutts|1966|p=251}} In 1974 the number of lay judges in the ''{{lang|de|Schwurgericht}}'' was further reduced from six to two and in 1993 the number of professional judges was reduced from three to two. {{sfn|Vogler|2005|p=245}}

Nowadays, ''{{lang|de|Schwurgericht''}} appears as embodiment for three special task areas of the ''{{lang|de|Große Strafkammer''}} (Grand Penal Chamber) at a ''{{lang|de|Landgericht''}} (medium court level of a German Federalfederal Landstate's jurisdiction), and again consists of three professional and two lay judges.

Its three competences are <br />

a) mainly heavy crimes resulting in death of a person (except negligence), or similar heavy crimes like inducing nuclear explosion, and crimes that may result in a punishment over four years, acting as first instance for those crimes,

b) for preventive detention decisions or official consignment to a mental hospital, and

{{ordered list|type=lower-alpha

c) if complexity or difficulty of the case requires a third professional judge.

a)| mainly heavy crimes resulting in death of a person (except negligence), or similar heavy crimes like inducing nuclear explosion, and crimes that may result in a punishment over four years, acting as first instance for those crimes,

b)| for preventive detention decisions or official consignment to a mental hospital, and

c)| if complexity or difficulty of the case requires a third professional judge.}}

While a ''{{lang|de|Große Strafkammer''}} can usually decide before or at start of a trial to limit itself to two professional judges and two lay jurymen, it cannot do so if it has to function in the above-mentioned three cases.

{{sfn|GVG§74|2013}}{{sfn|GVG§76|2013}} <br />

In 1979, the United States tried the [[East Germany|East German]] [[LOT Flight 165 hijacking]] suspects in the [[United States Court for Berlin]] in West Berlin, which declared the defendants had the right to a jury trial under the [[United States Constitution]], and hence were tried by a West German jury.

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Trial by jury was first introduced in the [[Russian Empire]] as a result of the [[Judicial reform of Alexander II]] in 1864, and abolished after the [[October Revolution]] in 1917.{{sfn|Terrill|2009|pp=438-439}}

Lay judges were in use in the [[Soviet Union]].{{sfn|Riha|1969|p=641}} After a 1958 reform they were elected for 2 years at general meetings of colleagues at their place of work or residence, or at higher levels appointed by the soviet.{{sfn|Riha|1969|p=641}} The incidentsincidence of lay judges overruling professional judges was rare, and was officially reported in only 1 case by the late 1960s.{{sfn|Riha|1969|pp=641-642}} Unlike the juries of the United States, lay judges were not selected from panels that are cross-sections of the entire population, but selected by institutions in each district.{{sfn|Riha|1969|p=642}}

The [[jury trial]] was reintroduced in [[Russia]] in 1993, and extended to another 69 regions in 2003.{{sfn|Terrill|2009|pp=438-439}}

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==References==

{{refbegin}}

* {{cite web | title= Volksgerichte, 1918-1924 | first= Franz J. | last= Bauer | work= [[:de:Historisches Lexikon Bayerns|Historisches Lexikon Bayerns]] | date= 23 December 2009 | url= http://www.historisches-lexikon-bayerns.de/artikel/artikel_44638}}

* {{cite journal | title= Lay Judges in the German Criminal Courts | first1 = Gerhard | last1= Casper | authorlink1= Gerhard Casper | first2= Hans | last2= Zeisel | authorlink2= :de:Hans Zeisel | journal= [[Journal of Legal Studies]] | volume= 1 | issue= 1 | date= January 1972 | jstor= 724014 | ref= harv}}

* {{cite book | title= CriminalJudiciaries JusticeWithin inEurope: A Comparative GermanyReview | first= Jörg-MartinJohn | last= JehleBell | author2publisher= [[FederalCambridge MinistryUniversity of Justice (Germany)|German Federal Ministry of JusticePress]] | publisher= Forum-Verl | year= 20092006 | isbn= 978-30-936999521-5186072-87 | url= https://books.google.com/books?id=-V-ng-8jOoQCHw47iqneTnIC&pg=PA23 | ref= {{harvid|Jehle|BMJ|2009}}PA153}}

* {{cite book | title= Cambridge Yearbook of European Legal Studies | last= Bell | first= John | chapter= Lay Judges | volume= 3 | year= 2004 | publisher= Hart | editor1-first= Alan | editor1-last= Dashwood | editor2-first= John | editor2-last= Bell | editor3-first= Angela | editor3-last= Ward | isbn= 978-1-84113-361-4 | chapter-url= https://books.google.com/books?id=mEIayVZORAQC&pg=PA299 | quote= The choice by the local community is now reflected in the appointment of the nämnd by the local authority. … Nämndemän are usually chosen from members of the authority in proportion to the political representation at the last local elections. | ref= harv}}

* {{cite book | title= European Criminal Procedures | first= Mireille | last= Delmas-Marty | publisher= [[Cambridge University Press]] | year= 2002 | isbn= 978-0-521-59110-2 | url= https://books.google.com/books?id=epTsD3_6DVMC&pg=PA306 | ref= harv}}

* {{cite book | title= JudiciariesEuropean WithinConstitutional Europe:History A| Comparativelast= ReviewCase | first= JohnNelson | lastyear= Bell1902 | publisher= [[CambridgeJennings University& Press]]Pye | yearoclc= 2006 | isbn= 978-0-521-86072-7608806061 | url= https://booksarchive.google.comorg/books?id=Hw47iqneTnIC&pg=PA153details/bub_gb_G2t9AAAAMAAJ | refpage= harv[https://archive.org/details/bub_gb_G2t9AAAAMAAJ/page/n151 139]}}

* {{cite book | title= The Accused: A Comparative Study | first = John Archibald | last= Coutts | series= British Institute Studies in International and Comparative Law | volume= 3 | year= 1966 | publisher= [[British Institute of International and Comparative Law]] | oclc= 470998549 | quote= After the Second World War, that is, from 1948 to 1950, the State of Bavaria once again introduced trial by jury. Such courts were however abolished when in 1950 uniformity was once again applied to court procedure in the Federal Republic. | ref= harv}}

* {{cite journal | title= Lay Judges in German Criminal Courts: The Modification of an Institution | first= Nancy Travis | last= Wolfe | journal= [[Proceedings of the American Philosophical Society]] | volume= 138 | issue= 4 | date= December 1994 | jstor= 986849 | ref= harv}}

* {{cite book | title= Democracy in the Courts: Lay Participation in European Criminal Justice SystemsProcedures | first = MarijkeMireille | last= MalschDelmas-Marty | yearpublisher= 2009[[Cambridge University Press]] | publisheryear= Ashgate Publishing2002 | isbn= 978-0-7546521-740559110-42 | url= https://books.google.com/books?id=CrLLzVZfrPwCepTsD3_6DVMC&pg=PA137 | ref= harvPA306}}

* {{cite book | title= A World ViewHistory of CriminalTrial Justiceby Jury | serieslast= International and Comparative Criminal JusticeForsyth | first= RichardWilliam | lastauthor-link= VoglerWilliam Forsyth (QC) | year= 20051852 | publisher= AshgateJ. W. PublishingParker | isbnoclc= 978-0-7546-2467-729739821 | url= https://booksarchive.google.comorg/books?id=rN90FSGhr-cC&pg=PA245details/historytrialbyj01forsgoog | refpage= harv[https://archive.org/details/historytrialbyj01forsgoog/page/n389 369]}}

* {{cite journal | title= OnLay UsesJudges andin Misusesthe ofGerman ComparativeCriminal LawCourts | firstfirst1 = OttoGerhard | lastlast1= KahnCasper | author-Freundlink1= Gerhard Casper | authorlinkfirst2= OttoHans Kahn| last2= Zeisel | author-Freundlink2= :de:Hans Zeisel | journal= [[ModernJournal Lawof Legal ReviewStudies]] | volume= 371 | issue= 1 | date= January 19741972 | jstorpages = 1094713135–191 | refdoi = harv10.1086/467481 | jstor= 724014| s2cid = 144941508 }}

* {{cite journalbook | title= CriminalPress Justiceand politics in Germanythe Weimar Republic | first = Hans JuliusBernhard | last= WolffFulda | authorlinkyear= :de:Hans Julius Wolff (Rechtshistoriker)2009 | journalpublisher= [[MichiganOxford LawUniversity ReviewPress]] | volumeisbn= 42978-0-19-954778-4 | issueurl= 6 | datehttps://books.google.com/books?id= June 1944 | at= footnote 7, pp. 1069StNY-1070 | jstor71yVXQC&pg= 1283584 | ref= harvPA69}}

* {{cite webbook | title= Volksgerichte,Criminal 1918-1924Justice in Germany | first= Franz J.Jörg-Martin | last= BauerJehle | workauthor2= [[:de:HistorischesGerman LexikonFederal Ministry of Justice Bayerns|Historisches Lexikonauthor2-link= Bayerns]]Federal Ministry of Justice (Germany) | datepublisher= 23Forum-Verl December| year= 2009 | isbn= 978-3-936999-51-8 | url= httphttps://wwwbooks.historisches-lexikon-bayernsgoogle.decom/artikel/artikel_44638books?id=-V-ng-8jOoQC&pg=PA23 | ref= harv{{harvid|Jehle|BMJ|2009}}}}

* {{cite journal | title= On Uses and Misuses of Comparative Law | first = Otto | last= Kahn-Freund | author-link= Otto Kahn-Freund | journal= [[Modern Law Review]] | volume= 37 | issue= 1 | date= January 1974 | pages = 1–27 | doi = 10.1111/j.1468-2230.1974.tb02366.x | jstor= 1094713| doi-access= free }}

* {{Cite book | title = The Kosovo Conflict and International Law: An Analytical Documentation 1974-1999 | first = Heike | last = Krieger | year = 2001 | authorlinkauthor-link= :de:Heike Krieger | publisher = [[Cambridge University Press]] | isbn = 978-0-521-80071-6 | url= https://books.google.com/books?id=-OhPTJn8ZWoC&pg=PA32 | ref = harv}}

* {{cite book | title= Can Liberal Pluralism be Exported?: Western Political Theory and Ethnic Relations in Eastern Europe | first1= Will | last1= Kymlicka | first2= Magdalena | last2= Opalski | year= 2001 | authorlink1author-link1= Will Kymlicka | publisher= Oxford University Press | isbn= 978-0-19-924063-0 | url= https://books.google.com/books?id=NNWHtqBJcGwC&pg=PA142 | ref= harv}}

* {{cite book | title= Democracy in the Courts: Lay Participation in European Criminal Justice Systems | first = Marijke | last= Malsch | year= 2009 | publisher= Ashgate Publishing | isbn= 978-0-7546-7405-4 | url= https://books.google.com/books?id=CrLLzVZfrPwC&pg=PA48 | ref= harvPA137}}

* {{cite book | title= The Creation of the Modern German Army: General Walther Reinhardt and the Weimar Republic, 1914-1930 | first= William | last= Mulligan | year= 2005 | series= Monographs in German History | volume= 12 | publisher= Berghahn Books | isbn= 978-1-57181-908-6 | url= https://books.google.com/books?id=lrQz-DQwF_kC&pg=PA173 | ref= harv}}

* {{cite book | title= Soviet Russia, 1917-1963 | first= Thomas | last= Riha | year= 1969 | series= Readings in Russian Civilization | volume= 3 | publisher= University of Chicago Press | isbn= 978-0-226-71857-6 | url= https://books.google.com/books?id=AH3Y82BfrPYC&pg=PA641 | ref= harv}}

* {{cite book | title= The Rise and Fall of the Third Reich: A History of Nazi Germany | first= William L. | last= Shirer | year= 1990 | publisher= Simon and Schuster | isbn= 978-0-671-72868-7 | url= https://books.google.com/books?id=sY8svb-MNUwC&pg=PA64 | ref= harv}}

* {{cite book | title= EuropeanWorld Criminal ProceduresJustice Systems: A Survey | first= MireilleRichard J. | last= Delmas-MartyTerrill | publisher= [[Cambridge University PressElsevier]] | year= 20022009 | edition= 7 | isbn= 978-01-52159345-59110612-2 | url= https://books.google.com/books?id=epTsD3_6DVMChJaEzC1CBe8C&pg=PA306 | ref= harvPA248}}

* {{cite book | title= A World View of Criminal Justice Systems:| Aseries= SurveyInternational |and first=Comparative RichardCriminal J.Justice | lastfirst= TerrillRichard | publisherlast= [[Elsevier]]Vogler | year= 20092005 | editionpublisher= 7Ashgate Publishing | isbn= 978-10-593457546-6122467-27 | url= https://books.google.com/books?id=hJaEzC1CBe8CrN90FSGhr-cC&pg=PA248 | ref= harvPA245}}

* {{cite book | title= International Territorial Administration: How Trusteeship and the Civilizing Mission Never Went Away | last= Wilde | first= Ralph | year= 2010 | publisher= Oxford University Press | isbn= 978-0-19-957789-7 | url= https://books.google.com/books?id=Jny2BlhT0egC&pg=PA85 | ref= harv}}

* {{cite journal | title= Criminal Justice in Germany | first = Hans Julius | last= Wolff | author-link= :de:Hans Julius Wolff (Rechtshistoriker) | journal= [[Michigan Law Review]] | volume= 42 | issue= 6 | date= June 1944 | doi = 10.2307/1283584 | at= footnote 7, pp. 1069-1070 | jstor= 1283584| url = https://repository.law.umich.edu/mlr/vol42/iss6/7 | url-access= subscription }}

* {{cite journal | title= Lay Judges in German Criminal Courts: The Modification of an Institution | first= Nancy Travis | last= Wolfe | journal= [[Proceedings of the American Philosophical Society]] | volume= 138 | issue= 4 | date= December 1994 | jstorpages= 986849495–515 | refjstor= harv986849}}

* {{cite book | title= Der Hitler-Prozeß vor dem Volksgericht in München |trans-title=The Hitler Trial Before the People's Court in Munich | year= 1924 | ref= {{harvid|Volksgericht|1924}}}}

* {{cite web | url=http://www.gesetze-im-internet.de/gvg/__74.html | title= Gerichtsverfassungsgesetz(GVG)-Einzelnorm §74 No.(2) | last1= GVG§74 | year= 2013 | publisher= Bundesministerium der Justiz & juris GmbH | accessdateaccess-date=9 July 2013 | ref= harv}}

* {{cite book | title= Press and politics in the Weimar Republic | first= Bernhard | last= Fulda | year= 2009 | publisher= [[Oxford University Press]] | isbn= 978-0-19-954778-4 | url= https://books.google.com/books?id=StNY-71yVXQC&pg=PA69 | ref= harv}}

* {{cite web | url=http://www.gesetze-im-internet.de/gvg/__76.html | title= Gerichtsverfassungsgesetz(GVG)-Einzelnorm §76 No.(2) | last1= GVG§76 | year= 2013 | publisher= Bundesministerium der Justiz & juris GmbH | accessdateaccess-date=9 July 2013 | ref= harv}}

* {{cite book | title= The Creation of the Modern German Army: General Walther Reinhardt and the Weimar Republic, 1914-1930 | first= William | last= Mulligan | year= 2005 | series= Monographs in German History | volume= 12 | publisher= Berghahn Books | isbn= 978-1-57181-908-6 | url= https://books.google.com/books?id=lrQz-DQwF_kC&pg=PA173 | ref= harv}}

* {{cite book | title= The Rise and Fall of the Third Reich: A History of Nazi Germany | first= William L. | last= Shirer | year= 1990 | publisher= Simon and Schuster | isbn= 978-0-671-72868-7 | url= https://books.google.com/books?id=sY8svb-MNUwC&pg=PA64 | ref= harv}}

* {{cite book | title= European Constitutional History | last= Case | first= Nelson | year= 1902 | publisher= Jennings & Pye | oclc= 608806061 | url= https://books.google.com/books?id=G2t9AAAAMAAJ&pg=PA139 | ref= harv}}

* {{cite book | title= History of Trial by Jury | last= Forsyth | first= William | authorlink= William Forsyth (QC) | year= 1852 | publisher= J. W. Parker | oclc= 29739821 | url= https://books.google.com/books?id=CTdeF8IhJiAC&pg=PA369 | ref= harv}}

* {{Cite book | title = The Kosovo Conflict and International Law: An Analytical Documentation 1974-1999 | first = Heike | last = Krieger | year = 2001 | authorlink= :de:Heike Krieger | publisher = [[Cambridge University Press]] | isbn = 978-0-521-80071-6 | url= https://books.google.com/books?id=-OhPTJn8ZWoC&pg=PA32 | ref = harv}}

* {{cite book | title= Can Liberal Pluralism be Exported?: Western Political Theory and Ethnic Relations in Eastern Europe | first1= Will | last1= Kymlicka | first2= Magdalena | last2= Opalski | year= 2001 | authorlink1= Will Kymlicka | publisher= Oxford University Press | isbn= 978-0-19-924063-0 | url= https://books.google.com/books?id=NNWHtqBJcGwC&pg=PA142 | ref= harv}}

* {{cite book | title= International Territorial Administration: How Trusteeship and the Civilizing Mission Never Went Away | last= Wilde | first= Ralph | year= 2010 | publisher= Oxford University Press | isbn= 978-0-19-957789-7 | url= https://books.google.com/books?id=Jny2BlhT0egC&pg=PA85 | ref= harv}}

* {{cite book | title= Soviet Russia, 1917-1963 | first= Thomas | last= Riha | year= 1969 | series= Readings in Russian Civilization | volume= 3 | publisher= University of Chicago Press | isbn= 978-0-226-71857-6 | url= https://books.google.com/books?id=AH3Y82BfrPYC&pg=PA641 | ref= harv}}

* {{cite book | title= Cambridge Yearbook of European Legal Studies | last= Bell | first= John | chapter= Lay Judges | volume= 3 | year= 2004 | editor1-first= Alan | editor1-last= Dashwood | editor2-first= John | editor2-last= Bell | editor3-first= Angela | editor3-last= Ward | isbn= 978-1-84113-361-4 | url= https://books.google.com/books?id=mEIayVZORAQC&pg=PA299 | quote= The choice by the local community is now reflected in the appointment of the nämnd by the local authority. … Nämndemän are usually chosen from members of the authority in proportion to the political representation at the last local elections. | ref= harv}}

* {{cite book | title= The Accused: A Comparative Study | first = John Archibald | last= Coutts | series= British Institute Studies in International and Comparative Law | volume= 3 | year= 1966 | publisher= [[British Institute of International and Comparative Law]] | oclc= 470998549 | quote= After the Second World War, that is, from 1948 to 1950, the State of Bavaria once again introduced trial by jury. Such courts were however abolished when in 1950 uniformity was once again applied to court procedure in the Federal Republic. | ref= harv}}

* {{cite book | title= World Criminal Justice Systems: A Survey | first= Richard J. | last= Terrill | publisher= [[Elsevier]] | year= 2009 | edition= 7 | isbn= 978-1-59345-612-2 | url= https://books.google.com/books?id=hJaEzC1CBe8C&pg=PA248 | ref= harv}}

* {{cite book | title= Democracy in the Courts: Lay Participation in European Criminal Justice Systems | first = Marijke | last= Malsch | year= 2009 | publisher= Ashgate Publishing | isbn= 978-0-7546-7405-4 | url= https://books.google.com/books?id=CrLLzVZfrPwC&pg=PA48 | ref= harv}}

* {{cite web | url=http://www.gesetze-im-internet.de/gvg/__74.html | title= Gerichtsverfassungsgesetz(GVG)-Einzelnorm §74 No.(2) | last1= GVG§74 | year= 2013 | publisher= Bundesministerium der Justiz & juris GmbH | accessdate=9 July 2013 | ref= harv}}

* {{cite web | url=http://www.gesetze-im-internet.de/gvg/__76.html | title= Gerichtsverfassungsgesetz(GVG)-Einzelnorm §76 No.(2) | last1= GVG§76 | year= 2013 | publisher= Bundesministerium der Justiz & juris GmbH | accessdate=9 July 2013 | ref= harv}}

{{refend}}

Line 148 ⟶ 163:

*Johnson, David T., Early Returns from Japan's New Criminal Trials, [http://www.japanfocus.org/-David_T_-Johnson/3212 The Asia-Pacific Journal: Japan Focus], online 9-07-2009

*Anderson & Saint, trans., [https://web.archive.org/web/20110411144830/http://www.hawaii.edu/aplpj/articles/APLPJ_06.1_anderson.pdf An Annotated Translation of Japan's Proposed ''Saiban-In'' Law, Asian-Pacific Law & Policy Journal] (note that the translation differs in some regards from the law as finally enacted).

* Re. history and development of the pre-war jury system: Anna Dobrovolskaia (trans.), The Jury System in Pre-War Japan: An Annotated Translation of “The Jury Guidebook (Baishin Tebiki), Asian-Pacific Law & Policy Journal, vol. 9, no. 2, http://www.hawaii.edu/aplpj/articles/APLPJ_09.2_dobrovolskaia.pdf{{Dead link|date=February 2020 |bot=InternetArchiveBot |fix-attempted=yes }}.

*Anderson & Ambler, [http://law.anu.edu.au/anjel/documents/ZJapanR/ZJapanR21_HP07_Anderson%20Ambler.pdf Anu.edu.au]

*Weber, [https://web.archive.org/web/20110715062926/http://www.pennealr.com/media/articles/vol4/EALR4(1)_Weber.pdf Pennealr.com]

== External links ==

*[http://www.kohus.ee/7545 Estonian lay judges] {{Webarchive|url=https://web.archive.org/web/20091201183256/http://www.kohus.ee/7545 |date=2009-12-01 }}

*[https://web.archive.org/web/20090331092838/http://www.moj.go.jp/ENGLISH/issues/issues03.html Saiban-in (Lay Judge) System], [[Ministry of Justice (Japan)|Ministry of Justice]]

*[https://web.archive.org/web/20090522054432/http://www.saibanin.courts.go.jp/news/video5.html Government video explaining new jury system] (Japanese)

{{Authority control}}

[[Category:Legal professions]]

Line 161 ⟶ 178:

[[Category:Civil law (legal system)]]

[[de:Schöffengericht]]

[[sv:Nämndeman]]