“Now is the chance” — In search of the active lay judge

Stefan Machura; Yundong Luo; Christoph Rennig

“Now is the chance” — In search of the active lay judge

Stefan Machura
, Yundong Luo
, Christoph Rennig

Ysgol y Gyfraith Gogledd Cymru

Fernuniversität in Hagen
High Court Frankfurt

Allbwn ymchwil: Cyfraniad at gyfnodolyn › Erthygl

Crynodeb

Lay assessors in mixed tribunals are required to take actively part in trial and deliberation. A perennial problem is that they are not sufficiently informed how they can contribute, and they are not always supported by the presiding professional judge. This text concentrates on the motivation of lay assessors at the German lower criminal court, called “Schöffen”. While many are aware that they must be prepared to have a discussion with the professional judge and stand their ground if necessary, some shy away from challenging the judge’s view. German law is contradictory on the point if candidates for the Schöffen office can be selected for their aptitude and qualification.
The authors are drawing on the results of a recent empirical study of the behaviour of Schöffen and suggest there should be a discussion of the issue.

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Tudalennau (o-i)	52-56
Cyfnodolyn	Laikos
Cyfrol	4
Rhif cyhoeddi	2
Statws	Cyhoeddwyd - 1 Awst 2026

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Mae’r allbwn hwn yn cyfrannu at y Nod(au) Datblygu Cynaliadwy canlynol

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1 Wedi Gorffen

The cooperation of lay assessors and professional judges at lower criminal courts
Machura, S. (PY)
1/12/24 → 30/09/26
Project: Ymchwil

Wann sind Schöff:innen mit ihrer Rolle zufrieden? Erfahrungen und Einstellungen (When are lay assessors at the German criminal court satisfied with their role? Experiences and attitudes)
Machura, S. (Siaradwr)
30 Ebr 2026
Gweithgaredd: Sgwrs neu gyflwyniad › Cyflwyniad llafar

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abstract = "Lay assessors in mixed tribunals are required to take actively part in trial and deliberation. A perennial problem is that they are not sufficiently informed how they can contribute, and they are not always supported by the presiding professional judge. This text concentrates on the motivation of lay assessors at the German lower criminal court, called {\textquotedblleft}Sch{\"o}ffen{\textquotedblright}. While many are aware that they must be prepared to have a discussion with the professional judge and stand their ground if necessary, some shy away from challenging the judge{\textquoteright}s view. German law is contradictory on the point if candidates for the Sch{\"o}ffen office can be selected for their aptitude and qualification. The authors are drawing on the results of a recent empirical study of the behaviour of Sch{\"o}ffen and suggest there should be a discussion of the issue.",

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AU - Rennig, Christoph

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AB - Lay assessors in mixed tribunals are required to take actively part in trial and deliberation. A perennial problem is that they are not sufficiently informed how they can contribute, and they are not always supported by the presiding professional judge. This text concentrates on the motivation of lay assessors at the German lower criminal court, called “Schöffen”. While many are aware that they must be prepared to have a discussion with the professional judge and stand their ground if necessary, some shy away from challenging the judge’s view. German law is contradictory on the point if candidates for the Schöffen office can be selected for their aptitude and qualification. The authors are drawing on the results of a recent empirical study of the behaviour of Schöffen and suggest there should be a discussion of the issue.

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KW - Mixed courts

KW - German criminal procedure

KW - Procedural fairness

KW - Professional judges

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ER -

“Now is the chance” — In search of the active lay judge

Crynodeb

NDC y CU

Mynediad at Ddogfen

Dogfen dan Embargo

Ôl bys

Prosiectau

The cooperation of lay assessors and professional judges at lower criminal courts

Gweithgareddau

Wann sind Schöff:innen mit ihrer Rolle zufrieden? Erfahrungen und Einstellungen (When are lay assessors at the German criminal court satisfied with their role? Experiences and attitudes)

Dyfynnu hyn