Performing the Law: The Lawgiver, Statute Law, and the Jury Trial

AbstractSince May 2009, public participation in the criminal justice system, known as saiban-in seido (trial system by lay judges), has been implemented in Japan. The purpose of this paper is to analyze the law-making process of the saiban-in system and present an evaluation of the system from the perspective of deliberative democracy. This paper concludes that, contrary to criticism from those who want to introduce a purer form of jury trial dominated by lay jurors, the current saiban-in system, which mixes three professional judges with six saiban-ins, should be viewed positively from the perspective of deliberative democracy.

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Crime e castigo: as técnicas do narrador onisciente (excertos)

RUS (São Paulo) ◽

10.11606/issn.2317-4765.rus.2016.114021 ◽

2016 ◽

Vol 7 (7) ◽

pp. 80

Author(s):

Gary Rosenshield

Keyword(s):

Sao Paulo ◽

Jury Trial ◽

São Paulo ◽

Crime And Punishment ◽

The Law ◽

Western Law

Gary Rosenshield é PhD pela Universidade de Wisconsin-Madison e foi professor emérito do departamento de Língua e Literatura Eslavas na mesma universidade. Autor de Western Law, Russian Justice: Dostoesvky, the Jury Trial, and the Law e Pushkin and the Genres of Madness: The Masterpieces of 1833. Publicou também o estudo Crime and Punishment: The Techniques of the Omniscient Author (Lisse: The Peter de Ridder Press, 1978), do qual foram traduzidos a introdução e dois capítulos: “O narrador, Raskólnikov e o epílogo” e “O ponto de vista elevado”. Joseph Frank, no capítulo em que aborda o processo de criação de Crime e castigo, cita, em nota, esse estudo, recomendando-o como uma “análise cuidadosa e perspicaz” e “um dos melhores estudos dedicados ao romance” (FRANK, Joseph. Dostoiévski: Os anos milagrosos, 1865-1871. São Paulo: Edusp, 2003, p. 125). Victor Terras engrossa o coro elogioso ao afirmar tratar-se de uma “excelente análise”

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3. The judicial function in the law of evidence

Murphy on Evidence ◽

10.1093/he/9780198788737.003.0003 ◽

2017 ◽

Author(s):

Richard Glover

Keyword(s):

Legal Issues ◽

Jury Trial ◽

Judicial Discretion ◽

The Law ◽

Law Of Evidence

This chapter discusses the different functions in a court and how the court is composed of a tribunal of law and a tribunal of fact. In a jury trial, the judge decides matters of law and is the tribunal of law, while the jury is the ‘fact-finder’, the tribunal of fact. In a non-jury trial, the judge or magistrates perform both functions. This chapter discusses the functions of the judge in legal issues concerning evidence and, in particular, when a case is withdrawn from the jury because there is ‘no case’; judicial discretion; and admissibility of evidence illegally or unfairly obtained.

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The ‘chilling effect’ of defamation law in Northern Ireland?

Northern Ireland Legal Quarterly ◽

10.53386/nilq.v72iad3.951 ◽

2021 ◽

Vol 72 (AD3) ◽

pp. 1-34

Author(s):

Mark Patrick Hanna

Keyword(s):

Northern Ireland ◽

Free Speech ◽

Jury Trial ◽

England And Wales ◽

The Public ◽

Chilling Effect ◽

The Common ◽

The Law ◽

The Difference ◽

Defamation Law

This article compares defamation law in England and Wales with that of Northern Ireland and analyses whether the current law in Northern Ireland is having a ‘chilling effect’ on free speech. At the time of writing, the Northern Ireland Assembly is formally considering adopting legislation based on the Defamation Act 2013 which reformed the law in England and Wales. The article aims to contribute to that debate in Northern Ireland, but it should also be of broader interest as an analysis of the effectiveness of the Defamation Act 2013. The article focuses on three key areas of reform, in both the Defamation Act 2013 and the Northern Ireland Defamation Bill: the presumption of jury trial, the threshold of seriousness, and the public interest defence. It demonstrates that the different approach of the law in Northern Ireland in these areas did not simply occur with the enactment of the 2013 Act, but rather that it started several years before that with a divergence from developments in the common law in England and Wales. The article argues that the difference has been entrenched by the changes in the 2013 Act, and that, in relation to each of those areas, the law in Northern Ireland is now on a singular course and one that can be seen to have a definite ‘chilling effect’ on free speech.

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Daubert and the Disappearing Jury Trial

University of Pittsburgh Law Review ◽

10.5195/lawreview.2007.114 ◽

2007 ◽

Vol 69 (2) ◽

Cited By ~ 2

Author(s):

Allan Kanner ◽

M. Ryan Casey

Keyword(s):

Jury Trial ◽

Entire Life ◽

The Law

In Kafka’s Before the Law, a man is arrested for a crime unknown to him and is tried in a court he does not recognize. To help explain the situation to the bewildered prisoner, a parable is related about a man seeking admittance to the Law. He comes before the gate of the Law and is told by the gatekeeper that it is possible to enter, but not at that moment. The man pleads with the gatekeeper but is denied entry. He spends his entire life before the gate, and just before his death, asks the gatekeeper, “Everyone strives after the law . . . , so how does it happen that in these many years no one but myself has ever begged admittance?” The gatekeeper sees that the man is near death, and shouts at him, “No one else could ever be admitted here, since this gate was made only for you. I am now going to shut it.”

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