“In the name of the people” ̶ Lay assessors in Germany
Research output: Chapter in Book/Report/Conference proceeding › Chapter › peer-review
Lay participation is part of Germany’s legal system. Lay assessors, who are ordinary citizens, serve alongside professional judges on mixed tribunals. This chapter focuses on criminal courts that use lay assessors. We find that lay assessors indeed contribute to the work of the German criminal courts. Lay assessors are most active during deliberations, especially if the presiding professional judge accepts them as partners with equal rights. Most lay people report a positive experience, and indeed, most professional judges sitting on mixed tribunals support lay participation. German court culture encourages lay assessors and professional judges to reach a consensual decision rather than taking a formal vote. The chapter suggests several reforms that would enable lay assessors to play a more active role on mixed tribunals.
Keywords
- Mixed tribunals, mixed courts, lay assessors, professional judges, German legal system, German legal culture, German criminal procedure
Original language | English |
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Title of host publication | Juries, Lay Judges, and Mixed Courts |
Subtitle of host publication | A Global Perspective |
Editors | Sanja Kutnjak Ivkovic, Shari Seidman Diamond, Valerie P. Hans, Nancy S. Marder |
Publisher | Cambridge University Press |
ISBN (electronic) | 9781108669290 |
ISBN (print) | 9781108483940 |
Publication status | Published - 31 Jan 2021 |
Publication series
Name | ASCL Studies in Comparative Law |
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Research outputs (5)
- Published
Recent Developments about Lay Judges in the European Union
Research output: Contribution to journal › Article
- Published
Understanding the German Mixed Tribunal
Research output: Contribution to journal › Article › peer-review
- Published
Civil Justice: Lay Judges in the EU Countries
Research output: Contribution to journal › Article › peer-review
Prof. activities and awards (2)
Lay Judges in the European Union – Developments
Activity: Talk or presentation › Invited talk
2021 Annual Meeting of the Law and Society Association
Activity: Participating in or organising an event › Participation in Academic conference