Content deleted Content added
m Task 18 (cosmetic): eval 29 templates: del empty params (1×); hyphenate params (6×); cvt lang vals (2×); |
|||
Line 19:
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, with two as the minimum. The minimum qualifications are Finnish citizenship, full citizenship rights (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, while 29% of cases were handled in writing and 65% with a single professional judge. Almost all (>94%) cases concerning homicide, child molestation 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=
=== Germany ===
Line 46:
=== 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’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, as 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. They actively analyze and investigate evidence presented by the defense and prosecution.▼
▲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, as 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. They actively analyze and investigate evidence presented by the defense and prosecution.
=== Norway ===
Line 53 ⟶ 52:
{{More 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, two lay judges sit alongside one professional judge. The court leader (''Sorenskriver'') may decree that a case have three lay judges sitting alongside two 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=
Lay judges also serve in criminal cases in the [[Court of appeal (Norway)|appellate courts]]. The court is convened with three professional and four lay judges. Before 1. January 2018 If the crime carried a maximum sentence of six years imprisonment or more, the lay judges were replaced with a jury. The jury was chosen from the same list as the lay judges, meaning that lay judges in the appellate courts also served as jurors. If the jury found the defendant guilty, the jury spokesperson, and three other jurors selected at random, served as lay judges during the sentencing. In the few cases where a professional judges overturn the jury's verdict, regardless of whether the original verdict was one of guilt or innocence, the case was retried with three professional judges and four lay judges.
Line 134 ⟶ 133:
* {{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}}
* {{cite book | title= History of Trial by Jury | last= Forsyth | first= William | author-link= William Forsyth (QC) | year= 1852 | publisher= J. W. Parker | oclc= 29739821 | url= https://archive.org/details/historytrialbyj01forsgoog | page= [https://archive.org/details/historytrialbyj01forsgoog/page/n389 369]}}
* {{cite journal | title= Lay Judges in the German Criminal Courts | first1 = Gerhard | last1= Casper |
* {{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}}
* {{cite book | title= Criminal Justice in Germany | first= Jörg-Martin | last= Jehle | author2= German Federal Ministry of Justice | author2-link= Federal Ministry of Justice (Germany) | publisher= Forum-Verl | year= 2009 | isbn= 978-3-936999-51-8 | url= https://books.google.com/books?id=-V-ng-8jOoQC&pg=PA23 | ref= {{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 | jstor= 1094713}}
* {{Cite book | title = The Kosovo Conflict and International Law: An Analytical Documentation 1974-1999 | first = Heike | last = Krieger | year = 2001 | author-link= :de:Heike Krieger | publisher = [[Cambridge University Press]] | isbn = 978-0-521-80071-6 | url= https://books.google.com/books?id=-OhPTJn8ZWoC&pg=PA32}}
* {{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 |
* {{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=PA137}}
* {{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}}
Line 150 ⟶ 149:
* {{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}}
* {{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 |
* {{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 |
{{refend}}
|