NCJ Number
170889
Journal
Howard Journal of Criminal Justice Volume: 36 Issue: 4 Dated: (November 1997) Pages: 406-423
Date Published
1997
Length
18 pages
Annotation
This paper examines mixed tribunals in Croatia, a form of lay participation in which professional and lay judges decide cases jointly.
Abstract
The focus of analysis was on the interaction of professional and lay judges in tribunals that decided criminal cases in two regions of Croatia. Study respondents included professional and lay judges and observers of trials by mixed tribunals. A theoretical framework for studying the interaction of mixed tribunal members was developed by applying status characteristics theory, a theoretical explanation of the interaction between members of small, task-oriented informal groups. Lay judges infrequently asked questions during trials, while professional judges, state attorneys, and attorneys felt those questions were not very important. Lay judges were only sometimes given an opportunity to ask questions during trials. Deliberation typically started with the summation of evidence by the professional judge. Consistent with findings about trials, comments offered by lay judges during deliberations were perceived by professional judges to be minor with regard to frequency and importance. Disagreements between professional and lay judges rarely occurred, and lay judges rarely outvoted professional judges. Findings were consistent with status characteristics theory. 27 references and 20 notes