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)
18 Pages Posted: 27 Nov 2017
Date Written: November 1, 2017
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
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