NCJ Number
70576
Journal
Jugendwohl Volume: 59 Issue: 9 Dated: (September 1978) Pages: 321-327
Date Published
1978
Length
7 pages
Annotation
The duties and obligations of professional and lay judges of West German juvenile assessors' courts are outlined.
Abstract
Assessors' courts, which are attached to district courts, consist of lay and professional judges. Criminal court judges who head such courts must possess both thorough knowledge of the law and profound understanding of human nature. The professional judge is in charge of formal proceedings, questioning of the suspect, and supervision of court control officers. The judge must assure that required procedures are carefully followed in criminal matters tried in the first instance. Finally, the professional judge must instruct lay judges in legal points pertinent to a particular case. The institution of lay judges dates back to Germanic times. Discontinued in 1939, the use of lay judges was reintroduced after the Second World War to bring the citizenry closer to the actual practice of law. To be elected a lay judge, a candidate must have lived in the district a certain time, must be over a certain age, and may not be a justice or police official. Juvenile lay judges should have experience in juvenile education. The Juvenile Welfare Committee of the Juvenile Office recommends two lists of candidates, one of men and one of women. Every 4 years the judges are elected by a committee of judges and special representatives. Lay judges are only active in main trials, where they are required to exercise objectivity and restraint, avoiding contact with involved parties before, during, and after proceedings. At the same time, they must ask hard questions and forcefully express their own opinions during consultations. --in German.