Challenges to Lay Judges in Germany

Scepticism about the role of juries in the American judicial process has prompted consideration of alternative ways of involving lay persons in adjudication. One possibility is to incorporate into American courts a mixed tribunal of the type common to European judicial systems; in these tribunals, which have nearly displaced the traditional jury of the Anglo-Saxon tradition, there is a mixed bench composed of both professional (legally trained) judges and lay persons who serve temporarily in the role of judge. A prerequisite to evaluating the advantages or disadvantages of American adaptation of the mixed tribunal is to discern the controversial issues in jurisdictions where it already exists. As in the United States, there is in the Federal Republic of Germany a possibility of challenging a lay judge. The focus of this paper is on the grounds for such challenges and the stages of the judicial process at which challenges can be made. Differences in the procedures for selection of lay judges in Germany and jurors in American courts mean that there are differences in the timing and justification for challenges as well. Nevertheless, the similarity of the rationale for involving lay persons in an adjudictatory role in both countries results in there being an underlying consonance in the goals and categories of challenges

Adjudication · Jury · Political science · Skepticism · Tribunal · Criminal Law and Evidence · European and International Law Studies · Jury Decision Making Processes · Law

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