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|Other Titles:||A Comparative Study of the Social Value of Citizen Participation in Criminal Trials|
Civil Right;Due Process of Law;Fair Trial;Citizen Participation in Criminal Trial;Perspective on Comparative Legal Studies;Jury;Mixed Court;Adversary System;Saiban-in Act;Communicative
|Issue Date:||2016-06-20 14:22:22 (UTC+8)|
The modern criminal justice system has been formed by social culture and the tradition of variant legal models. With the development of civilization, the meaning of different methods of incorporating the lay voice into criminal justice systems differs from its suppression in traditional feudal society. Criminal procedural reform also implicates an association between lay involvement in a particular legal system and democracy. Equal participation involving civil rights provided the context of legal theory in constructing a system of citizen participation in criminal trials. An analysis of lay involvement should thus consider the influence of institutional, social and culture factors within a given legal system, as well as the availability and effectiveness of juries and mixed courts in legal practice. Within the legal tradition, juries are deemed as qualified fact finders in making decisions of guilt and innocence. It is clear that the authority of the jury verdict is respected worldwide as well as manifesting the issue that a number of such verdicts have been bereft of reasoning. The context of legal remedies in traditional continental systems adopted here would also generate more challenges across civil law traditions. Nevertheless, the mixed court practice has enhanced lay authority in certain significant respects that enables citizens to participate in the criminal justice system. This would also be helpful in adopting a feasible legal system to expedite trials. Especially, right and obligation need to be balanced in competing equities, fact-finding, participation in procedures and deciding an appropriate sentence as these are particularly valuable for citizens who participate in criminal trials for forming a communicative legal system. To overcome the fear of oppression imposed by governments, concerted efforts must be aimed at the practice of civil rights by introducing citizen participation in criminal trials in Taiwan. Relevant to the point, the features of such a system would serve to ensure that social values represented by citizen participation would safeguard the rights of due process and a fair trial. The system design would specify the function and goal of supporting citizen participation in criminal trial and would also enhance the validity and efficiency of trials by enhancing the legal system with social values. In particular, certain judicial interest can be drawn upon to provide fair evidentiary and procedural communication by judges and citizens.
Chengchi law review
|Appears in Collections:||[法學評論 TSSCI] 期刊論文|
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