scholarly journals Mixed Court and Jury Court: Could the Continental Alternative Fill the American Need?

1981 ◽  
Vol 6 (1) ◽  
pp. 195-219 ◽  
Author(s):  
John H. Langbein
Keyword(s):  
Present Article ◽  
Legal System ◽  
Plea Bargaining ◽  
European Countries ◽  
Court System ◽  
Large Measure ◽  
Trial Procedure ◽  
Serious Crime ◽  
Anglo American ◽  
Full Trial

For cases of serious crime a number of European countries employ a variant of the jury called the mixed court, in which laymen and professional judges sit together in a single panel that deliberates and decides on all issues of verdict and sentence. Trials in the mixed court proceed quite rapidly, in large measure because the mixed court dispenses with most of the time-consuming practices of jury control that characterize Anglo-American trial procedure. Consequently, the legal system can process all cases of serious crime to full trial. The present article describes the German mixed-court system and contrasts it with the American jury, asking to what extent the mixed court serves the purposes of the jury. The conclusion is that the mixed court serves the jury policies well, though not fully; and that it is a superior alternative to the indigenous nontrial devices—plea bargaining and bench trial—that have displaced the jury from routine American practice.

Geography and the Gerrymander

1918 ◽  
Vol 12 (3) ◽  
pp. 403-426 ◽  
Author(s):  
C. O. Sauer
Keyword(s):  
Public Opinion ◽  
Major Part ◽  
The Other ◽  
European Countries ◽  
Large Measure ◽  
Adequate Knowledge ◽  
Other Hand ◽  
Partial Suppression ◽  
Historical Basis ◽  
The Individual

The gerrymander is an American name for a political abuse, which, though by no means exclusively American, has been most widely practiced and generally tolerated in this country. It is a device for the partial suppression of public opinion that simulates agreement with democratic institutions. The subterfuge, therefore, has no place in countries in which oligarchic control is legitimized. Nor is it suited to European conditions, because it is difficult there to shift electoral boundaries. European electoral units in large part have a clearly defined historical basis, which in turn rests upon geographic coherence. This solidarity is commonly so great that it cannot be disregarded. American political divisions on the other hand show in major part very imperfect adjustment to economic and historic conditions, largely, because many of the divisions were created in advance of such conditions. They are, in the main, not gradual growths, but deliberate and arbitrary legislative creations, made without adequate knowledge of the conditions that make for unity or disunity of population within an area. Political divisions tend, therefore, to be less significant than in European countries and to be regarded more lightly. It is in particular the smaller unit, such as the county, that has been manipulated for electoral purposes. In spite of their poorly drawn individual boundaries, groups of counties can be organized into larger electoral units in such a manner as to represent a common body of interests predominating. On the other hand they can be so arranged as to mask these interests. The lack of proper coherence in the individual county may be rectified in large measure in the group, or it may be intensified. Gerrymandering accomplishes the latter result.

scholarly journals The bastard verdict and its influence on jurors

2018 ◽  
Vol 59 (1) ◽  
pp. 26-35
Author(s):  
Lee J. Curley ◽  
Rory MacLean ◽  
Jennifer Murray ◽  
Phyllis Laybourn ◽  
David Brown
Keyword(s):  
Human Rights ◽  
Rational Choice ◽  
Legal System ◽  
Choice Models ◽  
The Other ◽  
European Convention ◽  
Guilty Verdict ◽  
Anglo American

The Scottish legal system is a unique jurisdiction, as jurors are able to give not proven verdicts in addition to the well-known Anglo-American verdicts (guilty and not guilty). The not proven verdict has never been legally defined, meaning that currently legal practitioners can only estimate why a not proven verdict has been given. The main aim of this study was to investigate if jurors violate the regularity principle, which is commonly incorporated in many rational choice models, by testing if the introduction of the not proven verdict has an impact on the outcomes given by jurors. In addition, this study aimed to test if the introduction of the not proven verdict has an impact upon how the not guilty verdict is perceived by jurors. In this study, 128 participants listened to two vignettes centred on homicide trials. Jurors could give one of two verdicts in one of the vignettes and one of three verdicts in the other vignette. The vignettes were counterbalanced in regard to how many verdicts could be given at the end of them. It was found that jurors in a three-verdict system were less likely to give a not guilty verdict in comparison to jurors in a two-verdict system, showing that jurors violate the regularity principle and that the not proven verdict may change how the not guilty verdict is perceived. The findings of this research have implications in relation to juror communication, article 6 of the European Convention of Human Rights and juror rationality.

scholarly journals DOWÓD Z OPINII RODZINNEGO OŚRODKA DIAGNOSTYCZNO-KONSULTACYJNEGO W SPRAWACH O ROZWÓD I JEGO WPŁYW NA TREŚĆ WYROKU W ŚWIETLE WYNIKÓW BADAŃ AKTOWYCH

2017 ◽  
Vol 2 (1) ◽  
pp. 7 ◽  
Author(s):  
Wanda Stojanowska
Keyword(s):  
Detailed Analysis ◽  
Present Article ◽  
Legal System ◽  
Parental Authority ◽  
Court Decision ◽  
Guardianship Law ◽  
The Family ◽  
Ignorance Of Law

THE OPINION OF THE FAMILY DIAGNOSTIC-ADVISORY CENTRE AS THE EVIDENCE IN DIVORCE CASES AND ITS INFLUENCE ON JUDGEMENTS (IN THE LIGHT OF C OURT RECORDS)Summary The present article contains results of studies conducted in the Institute of Justice in Warsaw. Basis for the research was 100 judgments in divorce cases by Polish provincial courts from 1997 to 1998. Each of the examined judgments was done after hearing by court of the Family Diagnostic - Advisory Centre (FDAC) opinion in cases including decision as to the guilt for breaking up of marriage and subsequent granting of the paternal authority to the innocent party. The study is going to establish relation between opinions by the FDAC and judgments.The study contains complex and detailed analysis of court decision and its grounds. It shows that opinion given by FDAC is very influential for courts granting judgments which followed it in 80% of analyzed cases. However not all of the suggestions given by experts were relevant. In the majority of the examined cases a mistake made by the expert consisted of the ignorance of law and consequendy of the ambiguous wording of the opinion. Such an opinion was then followed by the judge who usually chose the simplest solution granting the full parental authority to both of the divorced spouses thus avoiding the time consuming and laborious procedure based on the article 58 of the Code of Family and Guardianship Law determining possibility of limitation of the parental authority.Such approach could be declared as an opportunistic one, and provokes postulate de lege ferenda for abolishment of the institution of granting the full parental authority to both of the divorced spouses. Proposed change should simplify courts procedure as well as enable the FDEC to develop its activity as family advisory centers which until now does not exist in Polish legal system.

scholarly journals PERBANDINGAN SISTEM HUKUM COMMON LAW, CIVIL LAW DAN ISLAMIC LAW DALAM PERSPEKTIF SEJARAH DAN KARAKTERISTIK BERPIKIR

2018 ◽  
Vol 25 (1) ◽  
pp. 98
Author(s):  
Farihan Aulia ◽  
Sholahuddin Al-Fatih
Keyword(s):  
Legal System ◽  
Legal History ◽  
Islamic Law ◽  
Common Law ◽  
Legal Systems ◽  
Legal Tradition ◽  
History Of ◽  
Legal Thinking ◽  
Anglo American ◽  
The Comparative Study

The legal system or commonly referred to as the legal tradition, has a wealth of scientific treasures that can be examined in more depth through a holistic and comprehensive comparative process. Exactly, the comparison of the legal system must accommodate at least three legal systems that are widely used by countries in the world today. The three legal systems are the Continental European legal system, Anglo American and Islamic Law. The comparative study of the three types of legal systems found that the history of the Continental European legal system is divided into 6 phases, while Anglo American legal history began in the feudalistic era of England until it developed into America and continues to be studied until now. Meanwhile, the history of Islamic law is divided into 5 phases, starting from the Phase of the Prophet Muhammad to the Resurrection Phase (19th century until nowadays). In addition to history, the authors find that the Continental European legal system has the characteristic of anti-formalism thinking, while the Anglo American legal thinking characteristic tends to be formalism and is based on a relatively primitive mindset. While the thinking character of Islamic Law is much influenced by the thought of the fuqoha (fiqh experts) in determining the law to solve a problem, so relatively dynamic and moderate.

scholarly journals The Forensic Engineer in State and Federal Court

2014 ◽  
Vol 31 (2) ◽  
Author(s):  
Richard M. Ziernicki
Keyword(s):  
United States ◽  
Legal System ◽  
Expert Witness ◽  
Federal Court ◽  
The United States ◽  
Court System ◽  
Civil Lawsuits ◽  
Forensic Engineering ◽  
And Function

This paper outlines the legal system in the United States, the different types of courts, the differences between criminal and civil law, and the role of forensic engineering experts involved in civil lawsuits. After providing a summary of relevant procedures employed by civil and criminal courts, the paper describes the basic principles and requirements for the selection and work of a forensic engineering expert in both the state and federal court system. This paper outlines the role and function of forensic experts (specifically forensic engineers), in the United States court system. It is not a treatise on the legal system but on the role of experts. The paper presents the requirements typically used in today’s legal system to qualify a forensic engineer as an expert witness and to accept his or her work and opinions. Furthermore, this paper discusses who can be an expert witness, the expert’s report, applicable standards, conducted research, engineering opinions, and final testimony in court — and how those elements fit into the legal system. Lastly, the paper describes the concept of spoliation of evidence.

scholarly journals THE ROLE OF JUDICIAL PRACTICE IN THE LEGAL SYSTEM: RUSSIAN EXPERIENCE IN THE WORLD CONTEXT

2017 ◽  
pp. 40-49 ◽  
Author(s):  
Виктор Момотов ◽  
Viktor Momotov
Keyword(s):  
Legal System ◽  
Negative Attitude ◽  
Case Law ◽  
Legal Framework ◽  
Legal Systems ◽  
Legal Norms ◽  
Judicial Practice ◽  
The Usa ◽  
Anglo American

In Russian legal science there is a wide-spread belief according to which legal precedents are not sources of Russian law, because Russian legal system forms a part of continental legal system. Various researchers believe that judicial practice does not contain legal norms and consequently case law is not a component of Russian legal framework. The present paper contains the theoretical and historical legal research of the place and role of case law in Anglo-American and continental legal systems. It’s shown that for long historical periods legal precedents were recognized as sources of law not only in Great Britain and the USA, but also in major European legal systems, while at the present time differentiation of legal systems with respect to their attitude towards case law is becoming outdated. Furthermore, based on the research of various legal scholars’ traditions (principally of the positivistic and the sociological traditions) this article demonstrates that negative attitude towards case law is largely determined by the formalistic and obsolete understanding of the term ”source of law”, coming from the misinterpretation of positivism. The paper also presents the current development trends of case law as a source of law. In particular the article outlines the proactive interpretations of new statutory provisions issued by the Plenum of the Supreme Court of the Russian Federation, the global uniqueness of such interpretations and the influence of scientific–technological progress and public needs on the highest court’s interpretations. The mutual interference of case law and statutory law is shown.

scholarly journals The Albanian Enforcement System

Lexonomica ◽  
2021 ◽  
Vol 13 (1) ◽  
pp. 109-134
Author(s):  
Flutura Kola
Keyword(s):  
European Union ◽  
Legal System ◽  
European Countries ◽  
The European Union ◽  
Commercial Area ◽  
European Union Countries ◽  
European System ◽  
Settlement Agreements

This article presents an overview of the Albanian legal system of enforcement in the civil and commercial area. Its purpose is not only to identify the enforcement system in Albania and the characteristics of each enforcement title but also to compare it with that of the Brussels IA Regulation. The article concludes that the Albanian enforcement system is built on the spirit of the European system and is very similar to several European countries. However, the range of foreign enforcement titles that can be recognized and enforced in Albania is narrower than that provided in the European Union countries. Therefore, it should be expanded to include, in addition to irreversible judgments, other European enforcement acts, such as European Payment Order, Settlement Agreements, Authentic instruments, etc.

scholarly journals Analysis of the Jurisdiction of the Courts of First Instance of Turkey

2019 ◽  
Vol 12 (5) ◽  
pp. 79
Author(s):  
Ravil R. Zainashev ◽  
Idris M. Gilmanov ◽  
Muhamat M. Gilmanov
Keyword(s):  
Legal System ◽  
Scientific Research ◽  
Judicial System ◽  
European Countries ◽  
Legal Procedure ◽  
Criminal Offenses ◽  
History Of ◽  
Simplified Procedures ◽  
Criminal Matters ◽  
Justice Of The Peace

The article presents three periods from the history of the legal system of Turkey, the knowledge of which will allow for objective scientific research. Indeed, each period has contributed to the development of the judicial system. Of particular importance will be the attitude of the legislator to the justice of the peace in criminal matters with a maximum sentence of up to 1 year in prison. The latter since 2014 were abolished and their load was redistributed to a higher authority. France did likewise, which also rejected justice of the peace. In addition, this study addresses the issues of the accelerated process, which was either introduced or canceled. In Russia, a simplified legal procedure has been successfully applied. Most European countries apply simplified the legal procedure to criminal offenses for which the maximum sanction of punishment is up to five years in prison. In Turkey, a simplified legal procedure was applied to criminal offenses with a maximum sentence of up to 2 years in prison. Despite a small sanction and tendencies in other countries to introduce simplified procedures, the Turkish legislator refused this practice.

scholarly journals Plea Bargaining Changing Nordic Criminal Procedure: Sweden and Finland as Examples

2021 ◽  
pp. 255-269
Author(s):  
Laura Ervo
Keyword(s):  
Conflict Resolution ◽  
Procedural Justice ◽  
Plea Bargaining ◽  
Legal Culture ◽  
European Countries ◽  
Court Culture ◽  
Criminal Proceedings ◽  
System A ◽  
Northern European ◽  
New Type

AbstractA plea bargaining system is a novelty and originally a legal transplant in Northern European countries. It exists—in some form—for instance in Finland, Norway and Denmark, whereas in Sweden only the system of crown witnesses is likely to be introduced. In this chapter plea bargaining is put into the East-Nordic—Finnish and Swedish—contexts. How does plea bargaining fit into the East-Nordic court culture? Which ingredients does the contemporary legal culture consist of? In which way is court culture changing due to the new values in the society? Or are the amendments made primarily to reduce the costs of the state? Fairness, procedural justice, conflict resolution, negotiated law, pragmatically acceptable compromise, procedural truth, court service, communication and interaction are examples of the topics that are currently discussed in Finland and Sweden. At the same time, the use of written proceedings and proceedings in the absence of an accused are increasing. Is the plea bargaining system a step towards a more effective and economic criminal procedural system or is it mirroring new type of thinking concerning criminal proceedings? In this chapter, these elements are discussed. Finland is used as a main example. The Finnish situation is also compared with Sweden.

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