4 ms·
Not true. All trials where it can give 4 or more years of prison have a full jury trial (Nævningeting). Smaller but serious trials have a limited jury (domsmæn
by msh 9y ago
Not true. All trials where it can give 4 or more years of prison have a full jury trial (Nævningeting).
Smaller but serious trials have a limited jury (domsmænd) if the accused claim they are not guilty.
- jacquesm 9y agoBut these are not juries of peers.
- msh 9y agoWhat would you say the difference is between a nævningeting And a jury of peers?
- jacquesm 9y agoIt's the difference between professionals and amateurs, besides that the judges can overrule the jury.
- vilhelm_s 9y agoAccording to Wikipedia they can overrule a guilty verdict, but not a non-guilty verdict. I think that's actually very similar to America, where judges can set aside a jury guilty verdict if they deem "no reasonable jury" could convict based on the presented evidence.
- msh 9y agoNævninge are not professionals in any way. They are selected from the general population. The judge can only overrule a guilty verdict, not a not guilty verdict.
- jacquesm 9y ago> Nævninge are not professionals in any way. Hm, apologies. I was under the impression they are not laypeople. Thank you for correcting me. Question: does this imply that Denmark also has a jury duty? Edit: this later comment makes me doubt again... https://news.ycombinator.com/item?id=15081350 https://news.ycombinator.com/item?id=15081350
- vilhelm_s 9y agoSo, reading a bit, it seems to work like this. There is a jury duty in the sense that if you are asked to serve as lay judge you can not refuse. However, in practice the system is set up so that only volunteers get asked. Every 4 years, each municipal council (kommune) provides a list (grundlisten) of candidates for lay judges (nævning). The list must be representative of general demographics. To be eligible for the list, you must be "suitable" for the role (which seems to mean you should not have a criminal background), and you must not be a lawyer, prosecutor, judge, or police officer. The cities can use their own procedures to compile the list, but in practice the way it works is you write to the selection committee giving your name, age, job title, and motivation for why you want to be a lay judge. The lists are combined, and about 10,000 people are randomly selected from them. If you are selected you have a duty to serve. You serve for a period of 4 years, and will typically sit on 4 to 5 cases per year. https://www.frederiksberg.dk/politik/kommunalbestyrelsen-og-udvalg/saerlige-udvalg-rad-og-naevn/grundlisteudvalget https://www.frederiksberg.dk/politik/kommunalbestyrelsen-og-... http://www.domstol.dk/saadangoerdu/tildigderer/naeavningdomsmand/Documents/Domsm%C3%A6nd%20og%20n%C3%A6vninge%20A5-kort.pdf http://www.domstol.dk/saadangoerdu/tildigderer/naeavningdoms...
- jacquesm 9y agoThank you for this comment, that's more than I could find about it, even with Google translate it can be quite hard to understand what is written on a page in a language you do not understand.
- quickthrower2 9y agoWow if you are called to serve that'd make you quite unattractive to employers, and would limit your movements e.g. working abroad?