Judgment by Peers: Lay Participation in Legal Decision Making

Valerie P. Hans, Shari Seidman Diamond, Sanja Kutnjak Ivković, Nancy S. Marder

Research output: Contribution to journalReview articlepeer-review

Abstract

Almost two-thirds of countries worldwide rely on laypersons as legal decision makers in criminal cases, and a substantial number use laypersons to resolve civil disputes. Laypersons participate as jurors, lay judges, lay magistrates, and members of lay courts. Their participation enhances fact-finding by incorporating community views and values into legal decision making. Lay participation can also increase the transparency and legitimacy of law and the courts and promote democracy. As a result, some countries have adopted lay participation in recent decades. Yet, concerns about competence and bias have led other countries to circumscribe or abolish their systems of lay participation. This review describes the different roles that laypersons play as legal decision makers and the work that they do. It also describes the competing trends to expand or limit lay participation in legal decision making. After summarizing the research evidence, this article concludes that there is much value in judgment by peers.

Original languageEnglish (US)
Pages (from-to)141-161
Number of pages21
JournalAnnual Review of Law and Social Science
Volume20
Issue number1
DOIs
StatePublished - Oct 17 2024

Funding

The authors wish to recognize the members of the Law and Society Association\u2019s Collaborative Research Network (CRN) 4, Lay Participation in Legal Systems, and its International Research Collaborative (IRC) 42, Lay Participation in Law Around the Globe, for enhancing our knowledge of lay participation worldwide and for providing valuable opportunities to collaborate with jury scholars from around the world. V.P.H. is grateful to Cornell Law School, the Mario Einaudi Center for International Studies, and the Cornell Center for Social Sciences for their financial support of her global jury research and writing. S.S.D. acknowledges the generous support of the Northwestern Pritzker School of Law and the American Bar Foundation. S.K.I. appreciates the support of the School of Criminal Justice at Michigan State University for her international and comparative research. N.S.M. thanks Chicago-Kent College of Law for its summer funding of her jury research, including the research for this article.

Keywords

  • decision making
  • jury
  • lay court
  • lay judge
  • lay magistrate
  • mixed court

ASJC Scopus subject areas

  • Sociology and Political Science
  • Law

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