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Juries Lay Judges and Mixed Courts

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Publisher : Cambridge University Press
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ISBN 10 : 9781108483940
Pages : 350 pages
Rating : 4.1/5 (84 users)
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Download or read book Juries Lay Judges and Mixed Courts written by Sanja Kutnjak Ivković and published by Cambridge University Press. This book was released on 2021-07-29 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers a comprehensive and comparative picture of how countries around the globe use ordinary citizens to decide criminal cases.

Download Popular Participation in Japanese Criminal Justice PDF

Popular Participation in Japanese Criminal Justice

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Publisher : Springer
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ISBN 10 : 9783319350776
Pages : 177 pages
Rating : 4.3/5 (193 users)
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Download or read book Popular Participation in Japanese Criminal Justice written by Andrew Watson and published by Springer. This book was released on 2016-10-26 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the mixed courts of professional and lay judges in the Japanese criminal justice system. It takes a particular focus on the highly public start of the mixed court, the saiban-in system, and the jury system between 1928-1943. This was the first time Japanese citizens participated as decision makers in criminal law. The book assesses reasons for the jury system's failure, and its suspension in 1943, as well as the renewed interest in popular involvement in criminal justice at the end of the twentieth century. Popular Participation in Japanese Criminal Justice proceeds by explaining the process by which lay participation in criminal trials left the periphery to become an important national matter at the turn of the century. It shows that rather than an Anglo-American jury model, outline recommendations made by the Japanese Judicial Reform Council were for a mixed court of judges and laypersons to try serious cases. Concerns about the lay judge/saiban-in system are raised, as well as explanations for why it is flourishing in contemporary society despite the failure of the jury system during the period 1928-1943. The book presents the wider significance of Japanese mixed courts in Asia and beyond, and in doing so will be of great interests to scholars of socio-legal studies, criminology and criminal justice.

Download The Power of the Jury PDF

The Power of the Jury

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Publisher : Cambridge University Press
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ISBN 10 : 1108483313
Pages : pages
Rating : 4.4/5 (833 users)
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Download or read book The Power of the Jury written by Nancy S. Marder and published by Cambridge University Press. This book was released on 2022-10-31 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download Lay Participation in Criminal Trials PDF

Lay Participation in Criminal Trials

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Publisher : Austin & Winfield Pub
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ISBN 10 : STANFORD:36105060442865
Pages : 566 pages
Rating : 4.F/5 ( users)
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Download or read book Lay Participation in Criminal Trials written by Sanja K. Ivkovich and published by Austin & Winfield Pub. This book was released on 1999 with total page 566 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ordinary citizens have been a part of many decision-making bodies throughout history. In this important new study, Sanja Kutnjak Ivkovic examines development of various forms of lay participation in legal decision-making. She specifically focuses on the development of mixed tribunals in which professional and lay judges decide cases jointly. Primarily concerned with the nature of Croatian mixed tribunals, Ivkovic investigates recent trials, providing an in-depth look at the interaction among tribunal members. She presents a detailed analysis that determines how gender, age, occupational prestige, and education affect the perceived frequency and importance of lay judges' participation during trial and deliberation. Finally, she discusses the future of mixed tribunals and possible improvements to the system. Ivkovic's work is a timely contribution that will not only help readers understand recent events in Croatia but has the potential to improve the quality of any tribunal composed of professional and lay members.

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Juries in the Japanese Legal System

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Publisher : Routledge
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ISBN 10 : 9781317487333
Pages : 222 pages
Rating : 4.3/5 (174 users)
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Download or read book Juries in the Japanese Legal System written by Dimitri Vanoverbeke and published by Routledge. This book was released on 2015-04-10 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trial by jury is not a fundamental part of the Japanese legal system, but there has been a recent important move towards this with the introduction in 2009 of the lay assessor system whereby lay people sit with judges in criminal trials. This book considers the debates in Japan which surround this development. It examines the political and socio-legal contexts, contrasting the view that the participation of ordinary citizens in criminal trials is an important manifestation of democracy, with the view that Japan as a society where authority is highly venerated is not natural territory for a system where lay people are likely to express views at odds with expert judges. It discusses Japan’s earlier experiments with jury trials in the late 19th Century, the period 1923-43, and up to 1970 in US-controlled Okinawa, compares developing views in Japan on this issue with views in other countries, where dissatisfaction with the jury system is often evident, and concludes by assessing how the new system in Japan is working out and how it is likely to develop.

Download Examining the Effects of Cultural Factors on Lay Decision Makers in Criminal Trials in Japan and the United States PDF

Examining the Effects of Cultural Factors on Lay Decision Makers in Criminal Trials in Japan and the United States

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Publisher : ProQuest
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ISBN 10 : MSU:31293029562695
Pages : 200 pages
Rating : 4.3/5 (129 users)
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Download or read book Examining the Effects of Cultural Factors on Lay Decision Makers in Criminal Trials in Japan and the United States written by Hideya Isshiki and published by ProQuest. This book was released on 2007 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download Understanding World Jury Systems Through Social Psychological Research PDF

Understanding World Jury Systems Through Social Psychological Research

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Publisher : Psychology Press
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ISBN 10 : 9781134952984
Pages : 240 pages
Rating : 4.1/5 (349 users)
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Download or read book Understanding World Jury Systems Through Social Psychological Research written by Martin F. Kaplan and published by Psychology Press. This book was released on 2013-04-15 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines diverse jury systems in nations around the world. These systems are marked by unique features having critical implications for jury selection, composition, functioning, processes, and ultimately, trial outcomes. These unique features are examined by applying relevant social psychological research, models and concepts to the central issues and characteristics of jury systems in those nations using a wide variety of jury procedures. Traditionally, research that has been conducted on juries has almost exclusively targeted the North-American jury. Psychologically-based research on European, Asian and Australian juries has been almost non-existent in the past decade or more. Yet, the incidence of jury trials outside of North America has been steadily increasing as more nations (e.g., Japan, Spain, Russia, and Poland) adopt, revise, or expand their use of juries in their legal system. Accordingly, research has been appearing in the scientific literature on new developments in world juries (particularly in Spain, Japan, and Australia). This volume fulfils the dual purpose of understanding the diverse practices in world juries in light of existing social psychological knowledge and applied research on juries in each nation, and outlining new research in the context of the issues raised by jury practices beyond those of North America.

Download The Development of Jury Service in Japan PDF

The Development of Jury Service in Japan

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Publisher : Taylor & Francis
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ISBN 10 : 9781317035985
Pages : 284 pages
Rating : 4.3/5 (17 users)
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Download or read book The Development of Jury Service in Japan written by Anna Dobrovolskaia and published by Taylor & Francis. This book was released on 2016-08-19 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a comprehensive account of past and present efforts to introduce the jury system in Japan. Four legal reforms are documented and assessed: the implementation of the bureaucratic and all-judge special jury systems in the 1870s, the introduction of the all-layperson jury in the late 1920s, the transplantation of the Anglo-American-style jury system to Okinawa under the U.S. Occupation, and the implementation of the mixed-court lay judge (saiban’in) system in 2009. While being primarily interested in the related case studies, the book also discusses the instances when the idea of introducing trial by jury was rejected at different times in Japan’s history. Why does legal reform happen? What are the determinants of success and failure of a reform effort? What are the prospects of the saiban’in system to function effectively in Japan? This book offers important insights on the questions that lie at the core of the law and society debate and are highly relevant for understanding contemporary Japan and its recent and distant past.

Download The Right to a Fair Trial PDF

The Right to a Fair Trial

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Publisher : Routledge
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ISBN 10 : 9781351540995
Pages : 532 pages
Rating : 4.3/5 (515 users)
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Download or read book The Right to a Fair Trial written by Thom Brooks and published by Routledge. This book was released on 2017-07-05 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: The right to a fair trial is often held as a central constitutional protection. It nevertheless remains unclear what precisely should count as a 'fair' trial and who should decide verdicts. This already difficult issue has become even more important given a number of proposed reforms of the trial, especially for defendants charged with terrorism offences. This collection, The Right to a Fair Trial, is the first to publish in one place the most influential work in the field on the following topics: including the right to jury trial; lay participation in trials; jury nullification; trial reform; the civil jury trial; and the more recent issue of terrorism trials. The collection should help inform both scholars and students of both the importance and complexity of the right to a fair trial, as well as shed light on how the trial might be further improved.

Download Community Justice PDF

Community Justice

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Publisher : Institute for Public Policy Research
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ISBN 10 : 1860301231
Pages : 50 pages
Rating : 4.3/5 (12 users)
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Download or read book Community Justice written by Andrew Sanders and published by Institute for Public Policy Research. This book was released on 2001 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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Unreasoned Verdict

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Publisher : Bloomsbury Publishing
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ISBN 10 : 9781509915231
Pages : 128 pages
Rating : 4.5/5 (99 users)
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Download or read book Unreasoned Verdict written by Louis Blom-Cooper and published by Bloomsbury Publishing. This book was released on 2019-05-02 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt: The system of jury trial has survived, intact, for 750 years. In the light of contemporary opposition to jury trial for serious offences, this book explains the nature and scope today of jury trial, with its minor exceptions. It chronicles the origins and development of jury trial in the Anglo-Saxon world, seeking to explain and explore the principles that lie at the heart of the mode of criminal trial. It observes the distinction between the professional judge and the amateur juror or lay participant, and the value of such a mixed tribunal. Part of the book is devoted to the leading European jurisdictions, underlining their abandonment of trial by jury and its replacement with the mixed tribunal in pursuance of a political will to inject a lay element into the trial process. Democracy is not an essential element in the criminal trial. The book takes a look at the appellate system in crime, from the Criminal Appeals Act 1907 to the present day, and urges the reform of the appellate court, finding the trial decision unsatisfactory as well as unsafe. Other important issues are touched upon – judicial ethics and court-craft; perverse jury verdicts (the nullification of jury verdicts); the speciality of fraud offences, and the selection of models for various crimes, as well as suggested reforms of the waiver of a jury trial or the ability of the defendant to choose the mode of trial. The section ends with a discussion of the restricted exceptions to jury trial, where the experience of 30 years of judge-alone trials in Northern Ireland – the Diplock Courts – is discussed. Finally, the book proffers its proposal for a major change in direction – involvement of the defendant in the choice of mode of trial, and the intervention (where necessary) of the expert, not merely as a witness but as an assessor to the judiciary or as a supplemental decision-maker.

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Popular Legal Participation in China and Japan

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Publisher :
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ISBN 10 : OCLC:1308848080
Pages : 26 pages
Rating : 4.:/5 (13 users)
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Download or read book Popular Legal Participation in China and Japan written by Zhuoyu Wang and published by . This book was released on 2014 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this paper is to examine two contrasting styles of the mixed-court system in China and Japan and investigate the extent of their civic legal participation in both nations. In 2004, Japan passed the Quasi-Jury Act to introduce a system of popular legal participation in criminal trials, where defendants have their guilt and sentence determined by a judicial panel of both professional and lay judges. In the same year, the Standing Committee of the Chinese People's Congress also promulgated the Resolution about the Improvement of the Lay Assessor System in 2004 (the Lay Assessor Act in 2004) to revise the system of popular participation in law. The act was designed to correct the defects of the lay assessor system that have been sharply criticized by the Western observers for their lack of institutional effectiveness, minimizing the use of lay assessors, pointing at lay assessors' participatory incompetence and passivity, and disapproving of insufficient funding, among others.There has been, however, little study critically examining the effectiveness of the revised system under the Lay Assessor Act in 2004 in China. In Japan, the first ever quasi-jury trial began in August 2009, but its quasi-jury system suffered from a lack of publicity and insufficient public knowledge about the system, thereby creating the wide-spread public reluctance, or even strong resistance, to participate in the system.The present research is an attempt to shed both theoretical and empirical light on the effectiveness of popular legal participation in these two powerful jurisdictions in East Asia. As both nations are working to adopt a democratic system of popular legal adjudication, this study will provide important clues to measuring the nations' commitment, as well as the success or failure of the respective governments' efforts, to democratize their systems of popular participation in legal decision-making.

Download Cornell International Law Journal PDF

Cornell International Law Journal

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Publisher :
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ISBN 10 : UCAL:B5128441
Pages : pages
Rating : 4.:/5 (51 users)
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Download or read book Cornell International Law Journal written by and published by . This book was released on 2007 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download East Asia s Renewed Respect for the Rule of Law in the 21st Century PDF

East Asia s Renewed Respect for the Rule of Law in the 21st Century

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Publisher : Hotei Publishing
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ISBN 10 : 9789004274204
Pages : 364 pages
Rating : 4.0/5 (42 users)
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Download or read book East Asia s Renewed Respect for the Rule of Law in the 21st Century written by Setsuo Miyazawa and published by Hotei Publishing. This book was released on 2015-03-13 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume showcases the most recent research by East Asian legal specialists from all over the world on the future of the legal and judicial landscape in East Asia and renewed respect for the rule of law in the 21st century.

Download Encyclopedia of Crime and Justice PDF

Encyclopedia of Crime and Justice

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Publisher :
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ISBN 10 : UOM:39015053180678
Pages : 1790 pages
Rating : 4.3/5 (91 users)
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Download or read book Encyclopedia of Crime and Justice written by and published by . This book was released on 1983 with total page 1790 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download Encyclopedia of Law Society F O PDF

Encyclopedia of Law Society F O

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ISBN 10 : STANFORD:36105134433528
Pages : 1600 pages
Rating : 4.F/5 ( users)
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Download or read book Encyclopedia of Law Society F O written by David Scott Clark and published by . This book was released on 2007 with total page 1600 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides more than seven hundred alphabetical entries covering the interaction of law and society around the globe, including the sociology of law, law and economics, law and political science, psychology and law, and criminology.

Download Major Criminal Justice Systems PDF

Major Criminal Justice Systems

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Publisher : SAGE Publications, Incorporated
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ISBN 10 : 0803916728
Pages : 232 pages
Rating : 4.9/5 (167 users)
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Download or read book Major Criminal Justice Systems written by George F. Cole and published by SAGE Publications, Incorporated. This book was released on 1981-08-01 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: