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Rescuing Confidence in the Judicial System: Introducing Lay Participation in Taiwan

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  • Kuo‐Chang Huang
  • Chang‐Ching Lin

Abstract

Using Taiwan's 2012 proposal as an illustration, this article discusses a new form of lay participation—the advisory jury—where a group of lay jurors make a collective decision without the professional judges' interference but such decision has no binding effect. This article analyzes how identifying promotion of the public's confidence in the judicial system rather than democratizing judicial decision making by legal elites as the reform purpose leads to the emergence of this form of lay participation. Through a newly conducted national survey, this study shows that the strong support for citizen participation indeed arises from popular dissatisfaction with judicial decision making by professional judges. However, merely half the public are willing to serve and significant disparities in willingness to serve exist across various demographic groups. Our empirical findings inform policymakers of important issues to be addressed in future implementation of citizen participation.

Suggested Citation

  • Kuo‐Chang Huang & Chang‐Ching Lin, 2013. "Rescuing Confidence in the Judicial System: Introducing Lay Participation in Taiwan," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 10(3), pages 542-569, September.
    • Handle: RePEc:wly:empleg:v:10:y:2013:i:3:p:542-569
    DOI: 10.1111/jels.12019
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    References listed on IDEAS

    as
    1. Kuo‐Chang Huang, 2009. "Does Discovery Promote Settlement? An Empirical Answer," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 6(2), pages 241-278, June.
    2. Stefan Machura, 2007. "Lay Assessors of German Administrative Courts: Fairness, Power‐Distance Orientation, and Deliberation Activity," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 4(2), pages 331-363, July.
    3. Huang, Kuo-Chang & Chen, Kong-Pin & Lin, Chang-Ching, 2010. "Does the type of criminal defense counsel affect case outcomes?: A natural experiment in Taiwan," International Review of Law and Economics, Elsevier, vol. 30(2), pages 113-127, June.
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