NCJ Number
55577
Date Published
1979
Length
435 pages
Annotation
THIS STUDY OF THE USE OF LAY OR NONLAWYER JUDGES PROVIDES A PROFILE OF LAY JUDGES AND CHARTS THE PARAMETERS OF THEIR JURISDICTION BASED ON A GENERAL SURVEY OF LAY JUDGE STATUTES, INTERVIEWS, AND VISITS TO SELECTED STATES.
Abstract
IN ADDITION TO A STATE-BY-STATE REVIEW OF LAWS AUTHORIZING THE APPOINTMENT OF LAY JUDGES AND INTERVIEWS BY QUESTIONNAIRE OF A SAMPLE OF SUCH NONATTORNEY ARBITORS SIGHT VISITS WERE CONDUCTED IN SOUTH DAKOTA, WASHINGTON, VERMONT, NEW YORK, ARIZONA, NEW MEXICO, FLORIDA, AND PENNSYLVANIA. A SURVEY WAS ALSO INITIATED OF THE TRAINING OPPORTUNITIES FOR LAY JUDGES. THE RESULTING BASELINE DATA WERE USED TO ASSESS THE CURRENT (1979) STATE OF KNOWLEDGE ABOUT THE EFFECTIVE ROLE AND UTILIZATION OF NONLAWYER MEMBERS OF THE JUDICIARY. THE FUNCTIONS OF LAY JUDGES ARE IDENTIFIED, ALONG WITH THE TYPES OF CASES THEY HEAR, THE KEY ISSUES SURROUNDING THEIR ROLE IN THE CRIMINAL JUSTICE SYSTEM, AND THEIR LEGAL STATUS IN STATE AND FEDERAL CASES. BACKGROUND MATERIAL ON THE HISTORY OF LAY JUDGES IN THE U.S. IS INTEGRATED INTO A COMPARATIVE ESSAY DESCRIBING THE ROLE OF NONLAWYERS IN THE JUDICIARY OF FOREIGN NATIONS. AN EVALUATION AND SUMMARY ARE ALSO PROVIDED OF THE WAYS LAY JUDGES HAVE BEEN AND ARE BEING USED ACROSS THE U.S. AND OF PROGRAMS DESIGNED FOR THEIR TRAINING. APPENDED MATERIALS INCLUDE A LAY JUDGE CENSUS, TABULATED SUMMARIES OF STATE STATUTES, A STATE-BY-STATE SURVEY OF LAY JUDGE STATUTES, A PROFILE OF LAY JUDGE TRAINING PROGRAMS, AND AN ANNOTATED BIBLIOGRAPHY. THE ARBITOR INTERVIEW QUESTIONNAIRE IS FURNISHED. (KBL)