The Jury as a Translation of Democratic Participation and Political Conflict

Bibliographic Data

ID5158293
AuthorsLee Demetrius Walker (0000-0003-0768-310X, corresponding author)
Year2017
Volume51
Issue3
Pages517-524
Publication date2017-09-01
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueLaw & Society Review (JOURNAL)
Journal identifiersISSN: 0023-9216 • E-ISSN: 1540-5893
PublisherCambridge University Press (CUP) (PUBLISHER)
DOI10.1111/lasr.12287
OpenAlexW2746578085
LanguageEN
Citations received1
References cited11

In this response to Valerie Hans's Presidential address, I use her “legal translating” term to argue that the implementation of liberal democratic structures in new democracies opens new opportunities to translate the jury system into and onto new democratic societies. While policy makers have concerns about the strength and vibrancy of lay participation in the legal system, policy makers' decisions to adopt trial by jury are not always democratic. Nonetheless, the consequence of the translation of trial by jury furthers democratic development. Using Nicaragua, Mexico, and Russia as case studies, I suggest that one goal of policy makers who attempt to adopt trial by jury is to reduce the discretionary power of judges who remain from the prior government. Comparative trial-by-jury research can contribute more to our understanding of democratic development than prior research has indicated

Democracy · Government (linguistics · Jury · Jury trial · Law and economics · Political science · Politics · Power (physics · Presidential system · Sociology · Judicial and Constitutional Studies · Jury Decision Making Processes · Law · Law in Society and Culture · Public Administration

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