Ordinary citizens have been a part of many decision-making bodies throughout history. In this important new study, Sanja Kutnjak Ivkovic examines development of various forms of lay participation in legal decision-making. She specifically focuses on the development of mixed tribunals in which professional and lay judges decide cases jointly. Primarily concerned with the nature of Croatian mixed tribunals, Ivkovic investigates recent trials, providing an in-depth look at the interaction among tribunal members. She presents a detailed analysis that determines how gender, age, occupational prestige, and education affect the perceived frequency and importance of lay judges' participation during trial and deliberation. Finally, she discusses the future of mixed tribunals and possible improvements to the system. Ivkovic's work is a timely contribution that will not only help readers understand recent events in Croatia but has the potential to improve the quality of any tribunal composed of professional and lay members.
The Case of Croatia
Author: Sanja Kutnjak Ivković
Publisher: Austin & Winfield Pub
Democracy in the Courts examines lay participation in the administration of justice and how it reflects certain democratic principles. An international comparative perspective is taken for exploring how lay people are involved in the trial of criminal cases in European countries and how this impacts on their perspectives of the national legal systems. Comparisons between countries are made regarding how and to what extent lay participation takes place and the relation between lay participation and the legal system's legitimacy is analyzed. Presenting the results of interviews with both professional judges and lay participants in a number of European countries regarding their views on the involvement of lay people in the legal system, this book explores the ways in which judges and lay people interact while trying cases, examining the characteristics of both professional and lay judging of cases. Providing an important analysis of practice, this book will be of interest to academics, legal scholars and practitioners alike.
Lay Participation in European Criminal Justice Systems
Author: Marijke Malsch
This book analyses the mixed courts of professional and lay judges in the Japanese criminal justice system. It takes a particular focus on the highly public start of the mixed court, the saiban-in system, and the jury system between 1928-1943. This was the first time Japanese citizens participated as decision makers in criminal law. The book assesses reasons for the jury system's failure, and its suspension in 1943, as well as the renewed interest in popular involvement in criminal justice at the end of the twentieth century. Popular Participation in Japanese Criminal Justice proceeds by explaining the process by which lay participation in criminal trials left the periphery to become an important national matter at the turn of the century. It shows that rather than an Anglo-American jury model, outline recommendations made by the Japanese Judicial Reform Council were for a mixed court of judges and laypersons to try serious cases. Concerns about the lay judge/saiban-in system are raised, as well as explanations for why it is flourishing in contemporary society despite the failure of the jury system during the period 1928-1943. The book presents the wider significance of Japanese mixed courts in Asia and beyond, and in doing so will be of great interests to scholars of socio-legal studies, criminology and criminal justice.
From Jurors to Lay Judges
Author: Andrew Watson
Category: Social Science
This book describes the state of the lay participation system in criminal justice, saiban-in seido, in Japanese society. Starting with descriptions of the outlines of lay participation in the Japanese criminal justice system, the book deals with the questions of what the lay participants think about the system after their participation, how the general public evaluate the system, whether the introduction of lay participation has promoted trust in the justice system in Japan, and the foci of Japanese society’s interest in the lay participation system. To answer these questions, the author utilizes data obtained from social surveys of actual participants and of the general public. The book also explores the results of quantitative text analyses of newspaper articles. With those data, the author describes how Japanese society evaluates the implementation of the system and discusses whether the system promotes democratic values in Japan.
Social Attitudes, Trust, and Mass Media
Author: Masahiro Fujita
Revised papers from a conference organised by the United Kingdom National Commission on Comparative Law at Manchester 1978.
A Comparative Study : [revisions of Papers Presented at a Conference Organized by the United Kingdom National Committee of Comparative Law, Held at Manchester in Sept., 1978]
Author: John Albert Andrews,United Kingdom National Committee of Comparative Law
What are the aims of a criminal trial? What social functions should it perform? And how is the trial as a political institution linked to other institutions in a democratic polity? What follows if we understand a criminal trial as calling a defendant to answer to a charge of criminal wrongdoing and, if he is judged to be responsible for such wrongdoing, to account for his conduct? A normative theory of the trial, an account of what trials ought to be and of what ends they should serve, must take these central aspects of the trial seriously; but they raise a number of difficult questions. They suggest that the trial should be seen as a communicative process: but what kinds of communication should it involve? What kind of political theory does a communicative conception of the trial require? Can trials ever actually amount to more than the imposition of state power on the defendant? What political role might trials play in conflicts that must deal not simply with issues of individual responsibility but with broader collective wrongs, including wrongs perpetrated by, or in the name of, the state? These are the issues addressed by the essays in this volume. The third volume in this series, in which the four editors of this volume develop their own normative account, will be published in 2007.
Judgment and Calling to Account
Author: R A Duff,Lindsay Farmer,Sandra Marshall,Victor Tadros
Publisher: Bloomsbury Publishing
Reason Curve, Jury Competence, and the English Criminal Justice System, a cross-jurisdictional and cross-disciplinary book, seeks to stimulate discussion and extend the debate in the area of criminal trials in light of the absence of an articulated explanation for a verdict. The book traces the history and development of the jury, from the Carolingian kings, its advancement in the English Courts following papal intervention, the impact of the Magna Carta, to its general use, current curtailment in England and Wales, and re-emergence in Continental Europe. Central to the book's submission is the dictum that the jurors' franchise to deliver a cryptic verdict is 'a matter between them and their conscience.' In light of human and civil rights movements, the book advances arguments that a cryptic verdict may offend the principle of fair trials in criminal justice. This is amplified by the presence of a developing and significant body of law that demands that decisions by public officers be accompanied by articulated pronouncements regarding the basis for their decision. While the book does not contend with the sanctity of jury deliberations and recognizes the difficulties associated with reason articulation by lay assessors, it argues that the jury continuum provides a fertile ground not only for articulating a verdict in light of human experiences, but also for generating the reason curve, which provides legitimacy for that verdict. Furthermore, the reason curve argues that it is entirely possible for the jury to articulate its reasons provided the Criminal Justice System makes provisions not just to expect an explained verdict from the jury, but also provides it with the necessary facilities needed for compliance. Exploring research and sources in the fields of law and psychology in Europe, the USA, and other jurisdictions around the world, this book is written for an international audience as a catalyst for the student of legal jurisprudence who has interests in the concepts of reason, accountability, transparency, and human rights in the criminal justice system. It is also written for the cognitive and behavioral psychologist with an interest in lay decision-making in criminal trials. In the large legal jurisdictions of the USA and Canada, the right to a jury trial is enshrined in state articles. As such, there is less tinkering with the institution. In England and Wales where Parliament is supreme and the constitution is unwritten, no such right exists. Consequently, the government enjoys tremendous leeway in tinkering with the 'right to jury trial.' Whether or not the institution can evolve to deliver a 21st Century approach is a matter for full debate, research, and the march of time.
The Case for a 21st Century Approach
Author: Bethel Erastus-Obilo
Looking back at the findings of the ‘Strafvordering 2001’-research project, the contributions in this book discuss the question of whether the legislator has succeeded in improving the Dutch system of criminal procedure.
Author: M.S. Groenhuijsen,Tijs Kooijmans
Publisher: Martinus Nijhoff Publishers
Reginald Denny. O. J. Simpson. Colin Ferguson. Louise Woodward: all names that have cast a spotlight on the deficiencies of the American system of criminal justice. Yet, in the wake of each trial that exposes shocking behavior by trial participants or results in counterintuitive rulings—often with perverse results—the American public is reassured by the trial bar that the case is not "typical" and that our trial system remains the best in the world. William T. Pizzi here argues that what the public perceives is in fact exactly what the United States has: a trial system that places far too much emphasis on winning and not nearly enough on truth, one in which the abilities of a lawyer or the composition of a jury may be far more important to the outcome of a case than any evidence. How has a system on which Americans have lavished enormous amounts of energy, time, and money been allowed to degenerate into one so profoundly flawed? Acting as an informal tour guide, and bringing to bear his experiences as both insider and outsider, prosecutor and academic, Pizzi here exposes the structural faultlines of our trial system and its paralyzing obsession with procedure, specifically the ways in which lawyers are permitted to dominate trials, the system's preference for weak judges, and the absurdities of plea bargaining. By comparing and contrasting the U.S. system with that of a host of other countries, Trials Without Truth provides a clear-headed, wide-ranging critique of what ails the criminal justice system—and a prescription for how it can be fixed.
Why Our System of Criminal Trials Has Become an Expensive Failure and What We Need to Do to Rebuild It
Author: William T. Pizzi
Publisher: NYU Press
Why do governments try to limit the application of jury trials, both in countries where jury trials are native and in countries that have more recently instituted them? This is a critical question today as government authorities are trying to limit the role of juries, especially when it comes to complex fraud cases, national security/terrorism cases, and cases where juries seem to have a propensity for high acquittal rates. Therefore, understanding how governments are promoting and constraining jury trials is important. This book analyzes the reasons that motivate governments to introduce jury trial practices and the factors that condition the role these types of trials play in the administration of criminal justice systems as a whole. The book's research derives its finding from the comparative analysis of criminal justice systems of the United Kingdom, the Russian Federation, and the Republic of Azerbaijan. It also assesses prospects of the application of jury trials in the Republic of Azerbaijan based on analysis of the criminal justice systems of countries where these practices already exist.
Application and Development of Juries in Old and New Jury Trial Countries
Author: Nazim Ziyadov
Modernising the Magistracy in England and Wales
Author: Andrew Sanders
Publisher: Institute for Public Policy Research
Category: Justices of the peace
This volume adds to prior literature about the ICTY by providing a comprehensive view of how people from Bosnia and Herzegovina, Croatia, Kosovo, and Serbia view and evaluate the ICTY.
The International Tribunal for the Former Yugoslavia and Local Courts
Author: Sanja Kutnjak Ivkovich,John Hagan
Publisher: Oxford University Press
The well-known authors of the successful casebook Comprehensive Criminal Procedure present Criminal Procedure: Adjudication, which they have designed for the criminal procedure course focused on trial and post-trial. Andrew Leipold, one of t
Adjudication and Right to Counsel
Author: Ronald Jay Allen,William J. Stuntz,Joseph L. Hoffmann
Publisher: Aspen Publishers
This Handbook presents innovative research that compares different criminal procedure systems by focusing on the mechanisms by which legal systems seek to avoid error, protect rights, ground their legitimacy, expand lay participation in the criminal process and develop alternatives to criminal trials, such as plea bargaining, as well as alternatives to the criminal process as a whole, such as intelligence operations. The criminal procedures examined in this book include those of the United States, Germany, France, Spain, Russia, India, Latin America, Taiwan and Japan, among others.
Author: Jacqueline E. Ross,Stephen C. Thaman
Publisher: Edward Elgar Publishing
Criminal proceedings in which people can lose life, liberty, or reputation tell us a great deal about the character of any society. In Japan, it is prosecutors who wield the greatest control over these values and who therefore reveal most clearly the character of the Japanese way of justice. In this book, David T. Johnson portrays Japanese prosecutors at work; the social, political, and legal contexts that enable and constrain their actions; and the content of the justice thereby delivered. Johnson is the first researcher, Japanese or foreign, to gain access to the frontline prosecutors who charge cases and the backstage prosecutors who manage and direct them. He shows that prosecutors in Japan frequently harmonize to imperlatives of justice that Americans often regard as irreconcilable: the need to individualize cases alike. However, their capacity to correct offenders and to obtain contrite, complete confessions from criminal suspects. Johnson argues that this extreme reliance on confessions occasionally leads to extreme efforts to extract them. Indeed, much of the most disturbing prosecutor behavior springs directly or indirectly from the system's inordinate dependence on admissions of guilt. The major achievements of Japanese criminal justice are thus inextricably intertwined with its most notable defects, and efforts to fix the defects threaten to undermine the accomplishments. Clearly written and skillfully argued, this comparative analysis will be of interest to students of Japan, criminology, and law and society. It illuminates unexplored realms in Japan's criminal justice system while challenging readers to examine their assumptions about how crime should be prosecuted in their own systems of criminal justice.
Prosecuting Crime in Japan
Author: David T. Johnson
Publisher: Oxford University Press
Category: Social Science