Lay judge: Difference between revisions

Revision as of 20:17, 15 April 2019

Revision as of 10:11, 21 August 2019

Line 54:

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.

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.

=== 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., Early Returns from Japan's New Criminal Trials, The Asia-Pacific Journal: Japan Focus, online 9-07-2009</ref> it was rarely used, in part because it required defendants to give up their rights to appeal the factual determinations made.<ref>Anna Dobrovolskaia (trans.), The Jury System in Pre-War Japan:|title=

(BaishinEarly Tebiki),Returns from Japan’s New Criminal Trials |url=https://apjjf.org/-David-T.-Johnson/3212/article.html |journal=The Asia-Pacific LawJournal: &Japan PolicyFocus Journal,|date=7 vol.September 92009 |volume=7 |issue=36}}</ref> it was rarely used, noin part because it required defendants to give up their rights to appeal the factual determinations made.<ref>{{cite 2,journal |last=Dobrovolskaia |first=Anna |title=The Jury System in Pre-War Japan: An Annotated Translation of “The Jury Guidebook” (Baishin Tebiki) |url=http://wwwblog.hawaii.edu/aplpj/articlesfiles/2011/11/APLPJ_09.2_dobrovolskaia.pdf, p.|journal=Asian-Pacific 238Law n.7.& 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.

An Annotated Translation of “The Jury Guidebook”

(Baishin Tebiki), Asia-Pacific Law & Policy Journal, vol. 9, no. 2, http://www.hawaii.edu/aplpj/articles/APLPJ_09.2_dobrovolskaia.pdf, p. 238 n.7.</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 ===