NCJ Number
57785
Date Published
1978
Length
73 pages
Annotation
AN INTERNATIONAL OVERVIEW OF RESEARCH ON LAY PARTICIPATION IN COURT PROCEEDINGS IS PRESENTED, WITH A VIEW TO IMPLICATIONS FOR PROPOSALS TO COMBINE LAY AND PROFESSIONAL JUDGES IN FINNISH COURTS.
Abstract
THE REPORT COVERS POINTS COMMONLY RAISED IN FAVOR OF INCLUDING LAY PERSONS ON THE BENCH (E.G., COUNTERBALANCING THE LEGAL ORIENTATION OF PROFESSIONAL JUDGES, CONTRIBUTING TO THE GENERAL SENSE OF JUSTICE IN THE POPULATION, PROVIDING CITIZENS AN OPPORTUNITY TO BECOME MORE FAMILIAR WITH THE COURT SYSTEM). STUDIES CARRIED OUT IN FINLAND AND ELSEWHERE ON THE PERFORMANCE AND IMPACT OF LAY JUDGES IN A VARIETY OF LEGAL SYSTEMS ARE ALSO CITED. THE FINDINGS OF THE STUDIES INDICATE THE FOLLOWING: (1) WHEN THE EVIDENCE IN A CASE IS SLIGHT OR CONFLICTING, LAY JUDGES MAY BE INFLUENCED BY THEIR SUBJECTIVE ATTITUDES TOWARD THE LAW IN QUESTION OR TOWARD THE DEFENDANT; (2) LAY JUDGES USUALLY WILL FOLLOW THE LEAD OF THE PROFESSIONAL JUDGE OR OF OTHER LEGALLY TRAINED PEOPLE IN THE COURT; AND (3) IN COMPARISON WITH PROFESSIONAL JUDGES, LAY JUDGES TEND TO BE MORE LENIENT IN PETTY CASES, MORE SEVERE IN SERIOUS CASES. THE REPORT ALSO DEALS WITH ADMINISTRATIVE MATTERS, NOTING THAT INCREASED LAY PARTICIPATION WILL LEAD TO HIGHER COURT COSTS AND LENGTHIER TRIALS. FACTORS THAT MUST BE CONSIDERED IN USING LAY JUDGES--THE SCOPE OF THE LAY ROLE, SELECTION AND QUALIFICATIONS, TERM OF OFFICE, ACCOUNTABILITY FOR THE LEGALITY OF LAY DECISIONS--ARE DISCUSSED. THE FINNISH PROPOSALS WOULD CHANGE THE COMPOSITION OF THE COURTS BY PLACING TWO LAY JUDGES AND ONE PROFESSIONAL JUDGE IN EACH COURT. IT IS CONCLUDED THAT THE PROPOSALS ARE UNLIKELY TO BE IMPLEMENTED UNLESS THEIR OPPONENTS CAN BE CONVINCED THAT LAY PARTICIPATION WILL BRING INCREASED PUBLIC CONFIDENCE IN THE COURTS, AS WELL AS MORE JUST DECISIONS. LISTS OF REFERENCES ARE INCLUDED. -- IN FINNISH, WITH AN ENGLISH SUMMARY. (LKM)