Lay Judges in the German Criminal Courts

@article{Casper1972LayJI,
  title={Lay Judges in the German Criminal Courts},
  author={G. Gary Casper and H. J. Zeisel},
  journal={The Journal of Legal Studies},
  year={1972},
  volume={1},
  pages={135 - 191}
}
THE role laymen play in the administration of justice has been a subject of controversy ever since trial by jury became the standard mode of trial at common law. The controversy rages unabated in our day, friend and foe basing their positions on claims of fact that sharply contradict each other. On the European continent, the jury is in eclipse. Only Austria, Norway, a few jurisdictions in Switzerland, and Belgium have retained the jury. Austria has an eight-man jury operating under severely… Expand
View on U Chicago Press
44 Citations
Highly Influential Citations
3
Background Citations
6

44 Citations

Citation Type

Citation Type

Continental Cures for American Ailments: European Criminal Procedure as a Model for Law Reform
As the gap widens between the ideal of adversary procedure and the practice of bargained justice, European ways of organizing the criminal process have gained attention. European criminal procedure,… Expand
Mixed Court and Jury Court: Could the Continental Alternative Fill the American Need?
For cases of serious crime a number of European countries employ a variant of the jury called the mixed court, in which laymen and professional judges sit together in a single panel that deliberates… Expand
Who Judges?: Designing Jury Systems in Japan, East Asia, and Europe
The delivery of justice is a core function of the modern state. The recent introduction of jury/lay judge systems for criminal trials in Japan, South Korea, Spain, and perhaps soon Taiwan represents… Expand
Politics in the Courtroom: Political Ideology and Jury Decision Making
This paper uses data from the Gothenburg District Court in Sweden and a research design that exploits the random assignment of politically appointed jurors (termed namndeman) to make three… Expand
Politics in the Courtroom: Political Ideology and Jury Decision Making
This paper uses data from the Gothenburg District Court in Sweden and a research design that exploits the random assignment of politically appointed jurors (termed namndeman) to make three… Expand
The Jury Is Out: An Ethnographic Study of Lay Participation in the Norwegian Legal System
  • Anna Offit
  • Political Science
  • PoLAR: Political and Legal Anthropology Review
  • 2018
The purpose of this paper is to empirically explore perceptions and assessments of lay participation in Norway during a historic time of transition away from all-layperson juries. Drawing on sixteen… Expand
Understanding the Short History of Plea Bargaining
As late as the eighteenth century, ordinary jury trial at common law was a judge-dominated, lawyer-free procedure conducted so rapidly that plea bargaining was unnecessary. Thereafter, the rise of… Expand
A comparative law analysis of the standard for admitting scientific evidence: The united states stands alone
Abstract In the United States, most courts of law require that a party offering scientific testimony show that the underlying scientific theory has gained general acceptance within the pertinent… Expand
The Life and Times of a Local Court Judge in Berlin
In the study of comparative law and legal systems, a problem of focus and perspective presents itself. Comparative scholars often examine the “important” cases decided by appellate courts of foreign… Expand
Prosecution and Sentencing Patterns in the Federal Republic of Germany
Criminal procedure in the Federal Republic of Germany is predicated on an inquisitorial rather than an adversarial system. This paper presents a detailed, step-by-step analysis of the procedures… Expand
...
1
2
3
4
5
...