Jerome Cohen reports on a "people's jury" experiment in Henan, China.
To what extent should ordinary people decide the guilt and punishment of alleged criminals? Is criminal justice too serious to be left to career judges? Trial by a jury of one’s peers is one of the most fundamental rights of citizens of the common law world, including Hong Kong. In the words of the United States Supreme Court, it is thought “necessary to protect against unfounded criminal charges brought to eliminate enemies and against judges too responsive to the voice of higher authority.” Similar concerns have led continental European countries to establish a variety of institutions for allowing representatives of the community, although unschooled in law, to share decision-making responsibility for criminal cases with professional judges.....A “PEOPLE’S JURY” TRIAL FOR CHINA’S CRIMINAL DEFENDANTS? - U.S. - Asia Law Institute
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