Comparative Legal Systems: Juries and Triers of Fact in Various Contexts
Oxford Constitutional Law, https://oxcon.ouplaw.com/view/10.1093/law-mpeccol/law-mpeccol-e341 (last updated June 2020)
19 Pages Posted: 17 Jun 2021
Date Written: June 2020
A jury is a body convened under oath to decide questions of fact, applications of law and at times sentencing issues during trial. Panels may be composed entirely of lay persons, or mixed panels of professional judges and lay jurors or assessors. Lay participation in trials is considered a symbol of democracy and popular sovereignty as well as a bulwark against abuses of governmental power and may also be viewed as a guarantor of community norms and values in the assessment of wrongful conduct by community members (Lanni 1775; Daly and Pattenden 680).
Keywords: Jury, juries, constitutions, lay participation, due process, waiver, verdicts, selection, unanimity, nullification, sentencing, special verdicts, override, post-conflict, divided societies, appeal
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