ABSTRACT

Lay judges were the rule in Germany and her states throughout her early history and the middle ages. The chapter focuses on lay participation in the Schoffengericht. It discusses the literature on the involvement of lay people in German courts and presents the results of interviews with professional judges and Schoffen. These interviews were conducted in a town in the middle of Germany, at the Amtsgericht. Important aspects of the involvement of lay judges that are generally emphasized in the literature are the fact that they introduce new perspectives on cases, and that they can prevent the professional from relying too much on their established routine. The professional judges interviewed stated that it was difficult to acquire enough candidates. All lay judges interviewed indicated that they enjoyed participating in the criminal justice system. The professional judges observed that lay judges, as a rule, adjusted their views to those of the professionals.