Lay Participation in Criminal Trials The Case of Croatia

by Kutnjak-Ivkovic, Sanja

• ISBN13: 9781572921306
• ISBN10: 1572921307
• Format: Hardcover
• Copyright: 1999-12-17
• Publisher: Austin & Winfield Publishers

Summary

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.

Table of Contents

Acknowledgments	ix
Preface	xiii
Forms and Features of Lay Participation	1	(76)
Forms of Lay Participation	1	(30)
The Jury	2	(5)
Magistrates and Justices of the Peace	7	(3)
Lay Courts	10	(7)
Mixed Tribunals	17	(9)
Absence of Lay Participation	26	(5)
Positive Functions of Lay Participation	31	(31)
Criticisms of Lay Participation	62	(15)
History of Lay Participation in Germany	77	(30)
Early History	78	(11)
Recent Developments	89	(18)
Broader Perspective	105	(2)
History of Lay Participation in Croatia	107	(58)
Lay Participation before 1944	108	(24)
Lay Participation after 1944	132	(33)
Previous Research on Mixed Tribunals	165	(38)
Literature Review	167	(33)
Summary	200	(3)
Theoretical Issues	203	(36)
Mixed Tribunals and Social Psychology	203	(12)
Mixed Tribunals as Task-Oriented Groups	204	(6)
Mixed Tribunals as Formal Groups	210	(2)
Mixed Tribunals as Heterogeneous Groups	212	(3)
Status Characteristics Theory and Mixed Tribunals	215	(24)
Specific Status Characteristics and Mixed Tribunals	216	(1)
General Hypotheses of Status Characteristics Theory	217	(2)
Processing Salient Status Information	219	(2)
Combining Specific and Diffuse Status Characteristics	221	(2)
Diffuse Status Characteristics and Mixed Tribunals	223	(11)
Differing Perspectives	234	(1)
Consequences of Status Differences	234	(5)
Data Collection	239	(58)
Croatia and Its Judicial System	239	(21)
Basic Facts about Croatia	239	(2)
Croatian Judicial System	241	(1)
Croatian Criminal Procedure	242	(8)
Courtroom Workgroup	250	(10)
Data and Methodology	260	(37)
Courts and Offices Included in the Study	260	(5)
Selecting the Method	265	(2)
Questionnaries	267	(7)
Respondents	274	(7)
More on Experience	281	(16)
Mixed Tribunals during Trial	297	(58)
Legal Framework of Trial	297	(4)
Initiation of Supplementary Examination	301	(7)
Lay Judges' Questions	308	(25)
Lay Judges' Awareness of their Right to Ask Questions	311	(2)
Frequency of Lay Judges' Questions	313	(6)
Demographic Characteristics	319	(14)
Frequency of Reading the Case File	333	(5)
Evidence Complexity and Frequency of Asking Questions	338	(7)
Importance of Lay Judges' Questions	345	(5)
Conclusion	350	(5)
Mixed Tribunals during Deliberation and Voting	355	(88)
Legal Framework of Deliberation and Voting	356	(1)
Understanding and Evaluation of Evidence	357	(26)
Evaluation of Evidence	365	(7)
Related Problems	372	(6)
Understanding of Legal Issues	378	(5)
Deliberation	383	(35)
Summation at the Beginning of Deliberation	385	(5)
Dominant Subject of Deliberation	390	(4)
Lay Judges' Comments	394	(24)
Voting	418	(19)
Disagreement	420	(9)
Leniency	429	(8)
Conclusion	437	(6)
General Opinions about Mixed Tribunals	443	(62)
General Opinion	444	(22)
Group Factors	449	(1)
Individual Factors	450	(9)
Other Factors	459	(7)
Features of Trials by Mixed Tribunals	466	(11)
Advantages	466	(4)
Disadvantages	470	(7)
Future of Mixed Tribunals	477	(12)
Mixed Tribunals and Other Decision-Makers	489	(10)
Conclusion	499	(6)
Conclusion	505	(22)
Bibliography	527	(32)
Index	559