By Marijke Malsch
This paintings examines lay participation within the management of justice and the way it displays yes democratic ideas. a world comparative point of view is taken for exploring how lay everyone is fascinated with the trial of legal instances in ecu international locations and the way this affects on their views of the nationwide criminal structures. Comparisons among nations are made relating to how and to what quantity lay participation happens. The relation among lay participation and the felony system's legitimacy is analyzed. The ebook provides the result of interviews with either expert judges and lay contributors in a couple of ecu nations concerning their perspectives at the involvement of lay humans within the criminal approach. The ways that judges and lay humans engage whereas making an attempt instances are explored. The features of either specialist and lay judging of situations are tested.
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Extra info for Democracy in the Courts (International and Comparative Criminal Justice)
They have the right to ask questions during the trial, but they seldom do so. In principle, the two lay judges can overrule the professional judge should they hold an opinion on the case that differs from that of the chairperson. In such a situation, the chairperson may put the case against Lay Adjudication in European Countries 37 a decision that is not correct in his or her opinion. He or she can convince the lay participants that their opinion is wrong and that an appeal may be instituted by the Prosecution.
The difference between representation in, for example, the political domain and in the judiciary is that judges do not represent someone else, whereas politicians do. Judges are accountable for the administration of justice primarily by reference to the law and by the justification of their decisions. They do not represent a ‘party’, the general population, or an association with members. Moreover, in most countries judges are appointed for life, which implies that they cannot be discharged because of the verdicts they pronounce, which also is an indication of their lack of accountability to society.
Elements of fair treatment consist of: 1. 2. 3. 4. 5. respect; friendliness; communication; offering time and attention to process participants; an open and accessible attitude. Fair treatment primarily requires an active attitude on the part of the legal system. The three concepts that have been sketched here overlap to a certain degree. The question may be asked whether and to what extent participation can be replaced by the provision of information and fair treatment. 1 gives an overview of the three concepts: participation, information processing and fair treatment.
Democracy in the Courts (International and Comparative Criminal Justice) by Marijke Malsch