Lay judge: Difference between revisions

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==In different countries==
=== Austria ===
{{further information|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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=== Finland ===
{{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 for serious or complicated cases in district courts, to accompany a professional, legally trained judge. The professional judge is the chair 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.
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=== Germany ===
{{further information|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}}
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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.
 
=== 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>
 
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.
 
=== 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"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, 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 ===
{{further information|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, 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=Norwegian|accessdate=1 August 2014}}</ref> Decisions are made by [[majority|simple majority]].{{sfn|Malsch|2009|p=47}}
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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>https://www.vk.sud.rs/en/jurisdiction-courts-0</ref>
 
=== Sweden ===
{{further information|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]].
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* {{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.}}
* {{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 | authorlinkauthor-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 | 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}}
* {{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 (Germany)|German 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 | authorlinkauthor-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 | 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}}
* {{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}}
* {{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}}
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* {{cite book | title= A World View of Criminal Justice | series= International and Comparative Criminal Justice | first= Richard | last= Vogler | year= 2005 | publisher= Ashgate Publishing | isbn= 978-0-7546-2467-7 | url= https://books.google.com/books?id=rN90FSGhr-cC&pg=PA245}}
* {{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}}
* {{cite journal | title= Criminal Justice in Germany | first = Hans Julius | last= Wolff | authorlinkauthor-link= :de:Hans Julius Wolff (Rechtshistoriker) | journal= [[Michigan Law Review]] | volume= 42 | issue= 6 | date= June 1944 | at= footnote 7, pp. 1069-1070 | jstor= 1283584}}
* {{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}}}}