Juries, Lay Judges, and Mixed Courts

Erscheinungsjahr 2021
ISBN: 978-1-108-48394-0
Verlag: Cambridge University Press

Buch, Englisch, 350 Seiten, Format (B × H): 157 mm x 235 mm, Gewicht: 700 g

Reihe: ASCL Studies in Comparative Law

Although most countries around the world use professional judges, they also rely on lay citizens, untrained in the law, to decide criminal cases. The participation of lay citizens helps to incorporate community perspectives into legal outcomes and to provide greater legitimacy for the legal system and its verdicts. This book offers a comprehensive and comparative picture of how nations use lay people in legal decision-making. It provides a much-needed, in-depth analysis of the different approaches to citizen participation and considers why some countries' use of lay participation is long-standing whereas other countries alter or abandon their efforts. This book examines the many ways in which countries around the world embrace, reject, or reform the way in which they use ordinary citizens in legal decision-making.

Autoren/Hrsg.

Ivkovi¿, Sanja Kutnjak

Ivkovic, Sanja Kutnjak

Diamond, Shari Seidman

Hans, Valerie P.

Marder, Nancy S.

Fachgebiete

• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Rechtstheorie, Rechtsmethodik, Rechtsdogmatik, Rechtsprechungslehre
• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Rechtssoziologie, Rechtspsychologie, Rechtslinguistik

Inhaltsverzeichnis

1. Introduction Sanja Kutnjak Ivkovic´, Shari Seidman Diamond, Valerie P. Hans and Nancy S. Marder; Part I. Advancements in Lay Participation: 2. The Rise of the Jury in Argentina: Evolution in Real Time Vanina G. Almeida, Denise C. Bakrokar, Mariana Bilinski, Natali D. Chizik, Andre´ s Harfuch, Lilia´n Andrea Ortiz, Maria Sidonie Porterie, Aldana Romano, and Shari Seidman Diamond; 3. Twelve Years of Mixed Tribunals in Argentina Mari´a Ine´ s Bergoglio; 4. Lay Participation in the Criminal Trial in Japan: A Decade of Activity and its Sociopolitical Consequences Dimitri Vanoverbeke and Hiroshi Fukurai; 5. The Korean Jury System: The First Decade Jaihyun Park; 6. The Twenty-Fifth Anniversary of the Spanish Jury Mar Jimeno-Bulnes; Part II. Enduring Systems of Lay Participation: 7. “ …And My Right”: The Magistrates' Courts in England and Wales Stefan Machura; 8.“In the Name of the People”: Lay Assessors in Germany Stefan Machura and Christoph Rennig; 9 The Jury in Canada: Testing the Comprehensibility of Styles of Jury Instructions and the Effectiveness of Aids Marie Comiskey; Part III. Challenges to lay Participation in Law: 10. Dismissing the Jury: Mixed Courts and Lay Participation in Norway Anna Offit; 11. Trials by Peers: The Ebb and Flow of the Criminal Jury in France and Belgium Claire M. Germain; 12. The Russian Jury Trial: An Ongoing Legal and Political Experiment Nikolai Kovalev and Sergei Nasonov; 13. Trial by Jury in Georgia: A Catalyst for Evolving Independent Courts Nikolai Kovalev and Giorgi Meladze; Part IV. Global Perspectives on Lay Participation: 14. What Hollywood, USA, Teaches the World (Incorrectly and Correctly) about Juries Nancy S. Marder; 15. The Case for a Hybrid Jury in Europe John D. Jackson; 16. A Worldwide Perspective on Lay Participation Sanja Kutnjak Ivkovic´ and Valerie P. Hans.

Über Autor(innen)

Diamond, Shari Seidman
Shari Diamond is Howard J. Trienens Professor of Law at Northwestern University Pritzker School of Law and a research professor at the American Bar Foundation. She was the editor of the Law & Society Review and past president of the American Psychology-Law Society. She is an elected member of the American Academy of Arts and Sciences. She received the American Psychological Association Award for Distinguished Contributions to Research in Public Policy and the Harry Kalven, Jr. Award from the Law and Society Association for contributions to research in law and society.

Ivkovic, Sanja Kutnjak
Sanja Kutnjak Ivkovic is a Professor at Michigan State University, School of Criminal Justice. She holds a doctorate in criminology and a doctorate in law. She received the 2017 Mueller Award for Distinguished Contributions to International Criminal Justice from the Academy of Criminal Justice Sciences International Section. She serves as the Chair of the Division of International Criminology, American Society of Criminology, and is the co-founder and co-chair of the Law and Society Association Collaborative Research Network on Lay Participation in Legal Systems.

Marder, Nancy S.
Nancy S. Marder is Professor of Law and founding Director of the Justice John Paul Stevens Jury Center at Chicago-Kent College of Law.  She was a law clerk for United States Supreme Court Justice John Paul Stevens, in whose honor the Jury Center is named.  She is the author of The Jury Process (2005), which is the basis of her law school course “Juries, Judges and Trials."  Recently, she received the Inaugural Freehling Award at Chicago-Kent and the Senior Fellowship at the Baldy Center, which enabled her to work on another book, The Power of the Jury:  Transforming Citizens into Jurors.

Hans, Valerie P.
Valerie P. Hans is Charles F. Rechlin Professor of Law at Cornell Law School. She has conducted extensive empirical research on jury systems around the world. She writes and lectures widely about juries and legal reform and is currently studying the introduction of new systems of lay participation in different countries. She is a member of the American Law Institute and past president of the Law and Society Association. Along with Sanja Kutnjak Ivkovic and Mary Rose, she co-founded and currently co-chairs the Law and Society Association's Collaborative Research Network on Lay Participation in Legal Systems.