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By Marijke Malsch

This paintings examines lay participation within the management of justice and the way it displays sure democratic ideas. a world comparative viewpoint is taken for exploring how lay everyone is desirous about the trial of legal instances in ecu international locations and the way this affects on their views of the nationwide felony platforms. Comparisons among nations are made concerning how and to what volume lay participation occurs. The relation among lay participation and the criminal system's legitimacy is analyzed. The publication provides the result of interviews with either specialist judges and lay contributors in a few eu nations concerning their perspectives at the involvement of lay humans within the felony process. The ways that judges and lay humans engage whereas attempting instances are explored. The features of either expert and lay judging of instances are tested.

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Sample text

Regarding all types of panels that can be found in the various jurisdictions in Europe, criticisms have been voiced with respect to problems that would be inherent to either predominantly professional decision making or predominantly lay decision making. The choice that each country makes for either professional or lay adjudication or a combination of them, however, has much to do with the legal culture and traditions in that jurisdiction. Changes in a legal system are thus not easily developed and implemented.

The president is responsible for the definitive list that is drawn up. Special attention is paid to ensuring an equal representation of people with a certain level of education and those without. Jury members must meet certain requirements: they must be between 30 and 60 years of age, able to read and write and possess Belgian nationality. They must live in the province where the Hof van Assisen sits. At least one month before a jury trial 30 or more candidates for jury duty are selected randomly (Snelders and Heuvelmans 2007).

The basis for this decision is a questionnaire. The jury is only allowed to answer ‘yes’ or ‘no’ to the questions. There are two types of question: first, those about the crimes with which the defendant is charged, such as whether the defendant is guilty of the alleged crime and what legal qualification would apply. The second type of question covers those that arise during the trial of the case, for example relating to mitigating or aggravating circumstances, or the presence of certain mental 34 Democracy in the Courts disorders.

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