Juries & Lay Decision-Makers Laymen as principal decision-makers Justices of the peace (magistrates) in the and England Laymen on mixed tribunals Primarily in civil law countries Take many forms what common themes? Juries as independent decision-makers Longstanding tradition in and England Juries imported to Russia & Korea Laymen as Principal Decision-Makers England magistrates Ordinary citizens who have no legal training Volunteer to serve unpaid Sit in panels of 3 Hear 95% of all prosecuted criminal cases What are the pluses & minuses of having non-legal professionals serve as judges? state courts All states have some version of small-claims courts that handle minor criminal offenses and civil cases involving small amounts of money Justices of the peace are elected sit alone Variation in whether legal education is required NY does not require any legal training Wisconsin requires all judges to have been licensed to practice law for at least 5 years Pluses & minuses of elected magistrates 1
Laymen on Mixed Tribunals Lay assessors under state socialism What is their purpose? Mixed tribunals in Europe (civil law tradition) What prerequisites for lay participants? What role do they play? How do they interact with professional judge(s)? Do these laymen provide any value added? 2
Mixed tribunals in Planning to introduce petit quasi-jury system in May 2009 for criminal trials In contested cases => 3 prof + 6 lay judges In uncontested cases => 1 prof + 3 lay judges Reform came through efforts of academics (took decades) though they had been pushing for -style juries Mock trials have been conducted to prepare for new system. What results? Are the ese ready? Prosecutorial Review Commissions (PRC): Akin to grand jury Created by Allied occupying forces after WWII Victims of crime are entitled to ask PRC to review prosecutor s decision on indictment BUT traditionally PRC s decisions have only been advisory 2009: new system begins PRC can force prosecutors to indict»acts as check on prosecutors power»99% conviction rate in It is extremely difficult for ordinary people to determine the verdict 24.5 26.3 51.1 51.8 I would feel overwhelmed if I had to make a judgment on the charges 24.1 29.0 75.0 87.0 I am confident that, if I became a juror, I could make a fair and just judgment 94.5 88.0 62.6 50.0 = served on jury () or served on Professional Review Commission () 3
A jury s decision reflects the community s values 86.2 81.5 92.4 84.1 If I were a defendant in a criminal case, I would prefer a jury trial to a bench trial 82.3 73.6 56.0 60.9 The importance of jury duty is widely advocated in my community 72.4 59.8 14.6 11.3 = served on jury () or served on Professional Review Commission () Juries in the : Juries What purpose are juries supposed to serve for society? For the jurors themselves? Does the jury actually fulfill these purpose(s)? Who is tougher on criminal defendants judges or juries? Why? What are the pluses and minuses of juries? Juries in Russia: Post-Soviet innovation: first introduced in the early 1990s as an experiment in several parts of Russia. Expanded to all of Russia under Putin. Available as an option for serious offenses. Are you more or less likely to be convicted by a jury in Russia? Why? Are juries a good idea for Russia? 4
Russian survey: Is a criminal defendant more or less likely to be convicted by a jury? More likely Less likely 2004 14% 2007 13% difference Don t know 41% 21% 40% Levada Center What do you think of jury trials? How are they different? Fairer & more independent Less knowledgeable, less experienced & more susceptible to pressure from litigants difference from non-jury trials Don t know 2004 34% 29% 23% 14% 2007 28% 30% 25% 18% Levada Center Juries in Korea: Introduced in 2008 What purpose are juries supposed to serve? What differences between Korean jury trials and jury trials? Were Koreans ready for jury trials? Are they enthusiastic about serving on juries? 5