Article

Procedural Roles

Valerie P. Hans and Rebecca K. Helm

in The Oxford Handbook of Criminal Process

Published in print April 2019 | ISBN: 9780190659837
Published online February 2019 | e-ISBN: 9780190659875 | DOI: https://dx.doi.org/10.1093/oxfordhb/9780190659837.013.12

Series: Oxford Handbooks

Procedural Roles

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This chapter examines the procedural roles of professional judges, lay judges, and lay jurors in criminal adjudication. It considers the relationships between each actor and other participants in the criminal process, using examples from specific jurisdictions within three identified adjudicatory frameworks. It also discusses competing trends in the roles of each actor in systems across the world, focusing on increased reliance on professional judges in some countries and introduction of new lay judge and jury systems in others. The likely impact of these shifts is explored by comparing patterns in judge versus jury decision-making. The chapter concludes by highlighting reasons for global trends observed in the allocation of decision-making in criminal adjudication to particular actors, noting the desire for greater accountability in systems shifting toward more judicial control as well as the attraction of democratizing decision-making in systems embracing trial by jury.

Keywords: professional judges; lay judges; jurors; criminal adjudication; criminal process; decision-making; trial by jury

Article.  9930 words. 

Subjects: Criminal Law

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