Lay Participation: Schöffen Courts and Jury Trials

Abstract

Lay participation is an indicator of a democratic society. This article analyzes some traditional forms of lay participation in criminal proceedings, in particular, the Schöffen courts in Germany and jury trials in the UK, e.g., the main competencies of people's judges, staffing rules, etc. The author highlighted some general and special disadvantages, as well as those associated with the application of these forms in Russian criminal trials. The diachronic analysis of courts with people's assessors and jury courts revealed a number of differences and similarities. In Russia, Schöffen courts took place during the reign of Catherine the Great, as well as in the Soviet period; jurors participated in criminal trials in the second half of the XIX century and still do. The article also describes the current domestic legislation on lay participation in judicial proceedings.