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Lay Judges and Jurors in Denmark

Lay Judges and Jurors in Denmark STANLEY ANDERSON In Denmark, juries determine guilt in criminal trials in the High Courts (Landsretter) when the prospective prison sentence is four years or more (Retsplejeloven § 687.2.1—the Law on Judicial Procedure, hereinafter cited as "Rpl"). A verdict against the defend­ ant on any question requires the concurrence of eight out of twelve jurors (Rpl § 897.2). After rendering a guilty verdict, th e jurors par­ ticipate with the three professional judges in setting sentence (Rpl § 906a). Juries are also used in cases of involuntary confinement, other than in prison, (Rpl § 687.2.2) and for all criminal cases, how­ ever minor, which are characterized as political (Rpl § 687.2.3). For most other lesser, but still serious criminal cases, two lay judges sit alongside one professional judge in the Municipal Courts (Byretter)(Rpl § 18.2). In appeals from Municipal Court cases to a High Court, three lay judges participate with three jurists (Rpl § 6.2). Neither jurors (Rpl §§ 869, 885.3) nor lay judges (Rpl § 91.2) participate in preliminary or procedural matters. There are 84 Municipal Courts (Rpl § 12) and two High Courts, one for the Islands, the Eastern High Court, headquartered in Co­ penhagen, and one for http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png American Journal of Comparative Law Oxford University Press

Lay Judges and Jurors in Denmark

American Journal of Comparative Law , Volume 38 (4) – Oct 1, 1990

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Publisher
Oxford University Press
Copyright
© 1990 by The American Association for the Comparative Study of Law, Inc.
ISSN
0002-919X
eISSN
2326-9197
DOI
10.2307/840614
Publisher site
See Article on Publisher Site

Abstract

STANLEY ANDERSON In Denmark, juries determine guilt in criminal trials in the High Courts (Landsretter) when the prospective prison sentence is four years or more (Retsplejeloven § 687.2.1—the Law on Judicial Procedure, hereinafter cited as "Rpl"). A verdict against the defend­ ant on any question requires the concurrence of eight out of twelve jurors (Rpl § 897.2). After rendering a guilty verdict, th e jurors par­ ticipate with the three professional judges in setting sentence (Rpl § 906a). Juries are also used in cases of involuntary confinement, other than in prison, (Rpl § 687.2.2) and for all criminal cases, how­ ever minor, which are characterized as political (Rpl § 687.2.3). For most other lesser, but still serious criminal cases, two lay judges sit alongside one professional judge in the Municipal Courts (Byretter)(Rpl § 18.2). In appeals from Municipal Court cases to a High Court, three lay judges participate with three jurists (Rpl § 6.2). Neither jurors (Rpl §§ 869, 885.3) nor lay judges (Rpl § 91.2) participate in preliminary or procedural matters. There are 84 Municipal Courts (Rpl § 12) and two High Courts, one for the Islands, the Eastern High Court, headquartered in Co­ penhagen, and one for

Journal

American Journal of Comparative LawOxford University Press

Published: Oct 1, 1990

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