Lay Participation In Spain

Abstract

Although the judicial administration in Spain is erected on the basis of the professional judge, Spanish law also provides for a degree oflay participation through three institutions: the office ofJustice ofthe Peace, the right of"popular action," and what is basically the jury system, which will form the subject ofthis article. The jury system in Spain is stipulated in the Spanish Constitution and is currently regulated by the Organic Law of May 1995, but it is not the first time that trial by jury has existed in Spanish criminal proceedings. This article examines some historical precedents ofthe various Spanish jury systems as well as the constitutional and legal regulation of the present system. A number of elements of Spanish law and the jury system are subsequently analyzed, and concluding remarks are offered. The jury system puts a ban upon intelligence and honesty, and a premium upon ignorance, stupidity, andperjury. It is a shame that we must continue to use a worthless system because it was good a 1,000 years ago.

Japan’s Lay Judge System

“…Examples of both juries and lay judges are found across the globe. Although juries are most often in common law countries using adversarial proceedings, they exist to one degree or another in such civil law countries as Austria, Belgium, Denmark, Norway, Russia, and Spain (Jimeno-Bulnes, 2004; Thaman, 2000; Vidmar, 2000). Lay judges are typical in countries using inquisitorial proceedings—where the judge’s active role would result in a more confused role for jurors—such as Germany, Finland, France, and Norway.…”

Global juries: A plan for research.

“…jury trials, returning to a traditional form of fact finding that had been suppressed under Soviet rule (Thaman, 1995). Likewise, after Franco's oppressive and decades-long regime ended, Spain adopted a number of democratic reforms, including trial by jury (Jimeno-Bulnes, 2004;Thaman, 1998). Efforts to make government and law more responsive to the citizenry have included the introduction of varying forms of lay participation in Asian justice systems as well.…”

European Systems of Jury Trial

“…However, the jury trial in Spain is more similar to Anglo-Saxon model, unlike the French, which characterizes the participation of the professional judges and citizens together. 11 The legislator has been introducing it in several attempts during nearly two centuries. Its traces are still visible in the Criminal Code of 1822, but we may consider that the most striking example of the jury is in the Press Law of 1820.…”