The Role of Lay Judges in the Process of Adjudication

• Authors: Bartnik, Adriana Sylwia , Kowalska, Katarzyna Julia

Abstracts

EN

The paper attempts to expound upon the actual and statutory role of lay judges in the process of adjudication. A theoretical model was confronted with the practice of making judicial determinations. The authors analysed the state of the law on the matter and the functions of lay judges accorded thereto by the legislator. In addition, as a result of extensive sociological-legal studies, a typology of the moments of composing a judgment (i.e. during deliberations; in between cases; conversations with prosecutors; voluntary acceptance of liability (plea bargain)) and of types of deliberations present in Polish courts (deliberation without deliberation, deliberation dominated by the judge, deliberation pro forma, the ideal type, deliberation and a discussion – bargaining) is described.

Keywords

EN

lay judges; participation of the social factor in judicial proceedings; legislative changes; functioning of the system of administration of justice; justice

• Publisher: Wydawnictwa Uniwersytetu Warszawskiego
• Journal: Studia Iuridica
• Year: 2017
• Volume: 71
• Pages: 11-24

Dates

published

2017-11-20

Contributors

author

Bartnik, Adriana Sylwia

author

Kowalska, Katarzyna Julia

Identifiers

DOI

10.5604/01.3001.0010.5811