Lay Participation in Spain: The Jury System
University of Burgos - Faculty of Law ; Chicago-Kent College of Law - Illinois Institute of Technology
International Criminal Justice Review, Vol. 14, p.164, 2004
Although the judicial administration in Spain is erected on the basis of the professional judge, Spanish law also provides for a degree of lay participation through three institutions: the office of Justice of the Peace, the right of "popular action" and what is basically the jury system, which will form the subject of this article. The jury system in Spain is stipulated in the Spanish Constitution and is currently regulated by the Organic Law of May 1995, but it is not the first time that trial by jury has existed in Spanish criminal proceedings.
This article examines some historical precedents of the various Spanish jury systems as well as the constitutional and legal regulation of the present system. A number of elements of Spanish law and the jury system are subsequently analyzed, and concluding remarks are offered.
Number of Pages in PDF File: 22
Keywords: lay participation, administration of Justice, Spain, jury system
Date posted: September 12, 2011