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Full-Text Articles in Law

Jury Systems Around The World, Valerie P. Hans Jun 2015

Jury Systems Around The World, Valerie P. Hans

Valerie P. Hans

Lay citizens participate as decision makers in the legal systems of many countries. This review describes the different approaches that countries employ to integrate lay decision makers, contrasting in particular the use of juries composed of all citizens with mixed decision-making bodies of lay and law-trained judges. The review discusses research on the benefits and drawbacks of lay legal decision making as well as international support for the use of ordinary citizens as legal decision makers, with an eye to explaining a recent increase in new jury systems around the world. The review calls for more comparative work on diverse …


Special Feature: The Future Of Lay Adjudication In Korea And Japan, Hiroshi Fukurai, Valerie P. Hans Jun 2015

Special Feature: The Future Of Lay Adjudication In Korea And Japan, Hiroshi Fukurai, Valerie P. Hans

Valerie P. Hans

Three years after Korea introduced the jury system for the first time in its history, and two years following the Japanese introduction of a mixed court in which citizen and professional judges decide serious criminal cases, the Second East Asian Law and Society Conference was held on September 30th and October 1st, 2011 in the vibrant city of Seoul, South Korea. This Special Issue of the Yonsei Law Journal offers an opportunity to present work on some of the key issues that were discussed and debated at this remarkable conference. In particular, the special issue offers new research on the …


Jury Selection In Two Countries: A Psychological Perspective, Valerie P. Hans Jun 2015

Jury Selection In Two Countries: A Psychological Perspective, Valerie P. Hans

Valerie P. Hans

A comparative survey of jury selection practices in Britain and the United States indicates that the two countries differ along a number of dimensions, including the emphasis on the jury selection process in the trial, the amount and type of information available about prospective jurors, and the frequency with which trial lawyers alter the composition of the jury. The probable impact of these differences is analysed by considering the importance of jury composition in determining a jury’s verdict, the effectiveness of lawyers in exercising their challenges, and broader effects of jury selection procedures in the two countries.


Japan's New Lay Judge System: Deliberative Democracy In Action?, Zachary Corey, Valerie P. Hans Jun 2015

Japan's New Lay Judge System: Deliberative Democracy In Action?, Zachary Corey, Valerie P. Hans

Valerie P. Hans

No abstract provided.


U.S. Jury Reform: The Active Jury And The Adversarial Ideal, Valerie P. Hans Jun 2015

U.S. Jury Reform: The Active Jury And The Adversarial Ideal, Valerie P. Hans

Valerie P. Hans

In many countries, lay people participate as decision makers in legal cases. Some countries include their citizens in the justice system as lay judges or jurors, who assess cases independently. The legal systems of other nations combine lay and law-trained judges who decide cases together in mixed tribunals. The International Conference on Lay Participation in the Criminal Trial in the 21st Century provided useful contrasts among different methods of incorporating lay voices into criminal justice systems worldwide. Systems with inquisitorial methods are more likely to employ mixed courts, whereas adversarial systems more often use juries. Research presented at the Conference …