Lay judge: Difference between revisions

Revision as of 17:12, 3 January 2021

Revision as of 22:35, 5 January 2021

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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}}

Lay judges also serve in criminal cases in the [[Court of appeal (Norway)|appellate courts]]. For smaller cases, theThe court is convened with three professional and four lay judges. Before 1. January 2018 If the crime carriescarried a maximum sentence of six years imprisonment or more, the lay judges arewere replaced with a jury. The jury iswas chosen from the same list as the lay judges, meaning that lay judges in the appellate courts also serveserved as jurors. If the jury findsfound the defendant guilty, the jury spokesperson, and three other jurors selected at random, serveserved 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 iswas retried with three professional judges and four lay judges.

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