“In the name of the people” ̶ Lay assessors in Germany

Research output: Chapter in Book/Report/Conference proceedingChapterpeer-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 languageEnglish
Title of host publicationJuries, Lay Judges, and Mixed Courts
Subtitle of host publicationA Global Perspective
EditorsSanja Kutnjak Ivkovic, Shari Seidman Diamond, Valerie P. Hans, Nancy S. Marder
PublisherCambridge University Press
ISBN (electronic)9781108669290
ISBN (print)9781108483940
Publication statusPublished - 31 Jan 2021

Publication series

NameASCL Studies in Comparative Law

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