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2 results

Juries, Lay Judges, and Mixed Courts
  • A Global Perspective
  • Edited by Sanja Kutnjak Ivković, Shari Seidman Diamond, Valerie P. Hans, Nancy S. Marder
  • Published online:
    03 August 2021
    Print publication:
    29 July 2021
  • Although most countries around the world use professional judges, they also rely on lay citizens, untrained in the law, to decide criminal cases. The participation of lay citizens helps to incorporate community perspectives into legal outcomes and to provide greater legitimacy for the legal system and its verdicts. This book offers a comprehensive and comparative picture of how nations use lay people in legal decision-making. It provides a much-needed, in-depth analysis of the different approaches to citizen participation and considers why some countries' use of lay participation is long-standing whereas other countries alter or abandon their efforts. This book examines the many ways in which countries around the world embrace, reject, or reform the way in which they use ordinary citizens in legal decision-making.

  • 10 - Dismissing the Jury

  • from Part III - Challenges to Lay Participation in Law
  • Edited by Sanja Kutnjak Ivković, Michigan State University, Shari Seidman Diamond, Northwestern University, Illinois, Valerie P. Hans, Cornell University, New York, Nancy S. Marder, Chicago-Kent College of Law
  • Book:
    Juries, Lay Judges, and Mixed Courts
    Published online:
    03 August 2021
    Print publication:
    29 July 2021, pp 197-217

  • Summary

    This chapter argues that contemporary debates about the constitution and expansion of mixed courts in Norway reveal a tension in attitudes toward lay participation in the legal system. On the one hand, lawyers and laypersons in Norway evince confidence that professional legal actors can effectively collaborate with jurors to reach verdicts. On the other hand, both laypersons and attorneys worry that when it comes to the prosecution of some crimes – particularly sex crimes – laypersons cannot be relied upon to do justice. After offering an overview of Norway’s shifting jury system, the chapter argues that judicial interventions in the jury system have contributed to its gradual loss of legitimacy. Drawing on empirical research, I argue that critiques of rape prosecutions have both amplified and sharpened the stakes of critiques of lay participation more broadly, though – at least for the moment – mixed courts of lay and professional judges are perceived to remedy the shortcomings of all-layperson juries.