Function of Honorary Judges in Criminal Proceedings in Germany (From Resource Material Series No. 56, P 114-125, 2000, Hiroshi Iitsuka and Rebecca Findlay-Debeck, eds. -- See NCJ-191475)

• NCJ Number: 191484
• Author(s): Eberhard Siegismund
• Date Published: December 2000
• Length: 12 pages
• Sale Source: United Nations Asia and Far East Institute for the Prevention of Crime and Treatment of Offenders
• Publication Format: Document
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: Japan
• Note: Work product of the 112th UNAFEI International Training Course, “Participation of the Public and Victims for More Fair and Effective Criminal Justice.”

Annotation

This paper provides an overview of German law that relates to honorary judges in criminal jurisdiction and explains the role played by lay judges in criminal proceedings.

Abstract

The participation of laymen and laywomen in criminal proceedings is a controversial issue. Whereas some view the participation of laymen and laywomen as a guarantee of the democratic process in court, others are skeptical about lay participation or want to further curtail lay influence. This paper describes the activities performed by lay judges in Germany, and then outlines the requirements for appointing lay judges, describes their rights and duties, and then explains the course of deliberations in the court deliberations room. The author then considers whether the use of lay judges should be terminated in Germany. He concludes that the participation of lay judges in the administration of criminal justice has more advantages than many of its opponents acknowledge. In addition to increasing popular confidence in the justice system, the use of lay judges ensures that criminal proceedings, particularly the verdict, will be understood by the average citizen. It is important that the administration of criminal law not become an elitist pursuit by the professionals involved, but operate as an enterprise that involves society as a whole. 38 footnotes