Who Shall Judge? Taiwan's Exploration of Lay Participation in Criminal Trials

Human Rights Performance of Taiwan – Self-Inclination and International Context: Edited by William P. Alford, Jerome A. Cohen, & Chang-fa Lo (Springer, 2018 Forthcoming)

Seton Hall Public Law Research Paper No. 3074459

18 Pages Posted: 27 Nov 2017

See all articles by Margaret K. Lewis

Margaret K. Lewis

Seton Hall University - School of Law

Date Written: November 1, 2017

Abstract

International human rights law does not demand lay participation in criminal trials. The International Covenant on Civil and Political Rights provides that “everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law” but does not dictate the composition of the tribunal. In recent years, Taiwan has tussled with the extent to which public access to observing trials should transform into direct public participation in the outcome of those trials. To date, however, the role that lay people will serve in the adjudication process remains contested. As Taiwan moves towards formulating a specific plan for lay participation, this chapter questions whether proponents of lay participation are expecting too much of proposed reforms and encourages greater focus on how lay participation could impact the rights of the accused.

Keywords: Taiwan, human rights, jury, trial, lay participation, criminal procedure, ICCPR

Suggested Citation

Lewis, Margaret K., Who Shall Judge? Taiwan's Exploration of Lay Participation in Criminal Trials (November 1, 2017). Human Rights Performance of Taiwan – Self-Inclination and International Context: Edited by William P. Alford, Jerome A. Cohen, & Chang-fa Lo (Springer, 2018 Forthcoming); Seton Hall Public Law Research Paper No. 3074459. Available at SSRN: https://ssrn.com/abstract=3074459

Margaret K. Lewis (Contact Author)

Seton Hall University - School of Law ( email )

One Newark Center
Newark, NJ 07102-5210
United States

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