Lay judge: Difference between revisions

Revision as of 20:31, 26 November 2019

Revision as of 16:16, 8 December 2019

Line 19:

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't 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}}