TY - CHAP

T1 - “In the name of the people” ̶ Lay assessors in Germany

AU - Machura, Stefan

AU - Rennig, Christoph

PY - 2021/1/31

Y1 - 2021/1/31

N2 - 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.

AB - 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.

KW - Mixed tribunals

KW - mixed courts

KW - lay assessors

KW - professional judges

KW - German legal system

KW - German legal culture

KW - German criminal procedure

M3 - Chapter

SN - 9781108483940

T3 - ASCL Studies in Comparative Law

BT - Juries, Lay Judges, and Mixed Courts

A2 - Kutnjak Ivkovic, Sanja

A2 - Diamond, Shari Seidman

A2 - Hans, Valerie P.

A2 - Marder, Nancy S.

PB - Cambridge University Press

ER -