Lay judge: Difference between revisions

Revision as of 19:31, 30 January 2021

Revision as of 19:19, 10 February 2021

Line 54:

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=no|access-date=1 August 2014}}</ref> Decisions are made by [[majority|simple majority]].{{sfn|Malsch|2009|p=47}}

Lay judges also serve in criminal cases in the [[Court of appeal (Norway)|appellate courts]]. TheFrom court1. January 2018, the Court of Appeal is convened with threetwo professional- and fourfive lay judges. Before 1. January 2018, Ifif 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.

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