ABSTRACT

This chapter explains the observations that were made during the trial of a criminal case by a three-judge panel, after which the results of the interviews are presented. 'Real' lay people, in the sense of citizens who are picked randomly from the community, do not take part in trials in the Netherlands. Consent was obtained from the Dutch Council for the Judiciary to contact courts for interviews with professional judges, honorary judges and experts without legal training. Four courts from different areas in the Netherlands were selected: two District Courts and two Courts of Appeal. The courtroom where the hearing of the criminal case is to take place is small but modern. Dutch legislators are presently drafting a new law to regulate the involvement of honorary judges. Formalities and customs play a large role in the trial of Dutch criminal cases, and it is considered impractical that honorary judges are unaware of them.