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

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.