LAWYER:
Variations in training depending on career choiceINTERNATIONAL PERSPECTIVE
ON COURTS
Juries Judges Attorneys Prosecutors
Differences:
FRANCE: role of judicial police in criminal investigation, including authorization of searches, etc.
CRIMINAL INVESTIGATORS in some countries are considered prosecutorial assistants
Juries-many countries in form of lay judges
Role different from American jurors
Role of Victim in civil law countries-can hire own private prosecutor
LEGAL TRAINING in Europe
LAWYER:
Variations in training depending on career choice
AUTHOR:
Legal studies in civil law tradition insufficient for practice of law in court
(What are the requirements to practice law in the U.S.?)
Studies
are general and interdisciplinary
Graduates
required to undergo practical training
US law school graduates is expected to do legal work with minimal help
Depending on exam scores-civil law graduates choose:
Private
lawyer
Judge
Government
lawyer
Prosecutor
Legal
scholar
Reputation and status of lawyers in civil law countries higher than in US
Germany-graduates intern to help them in chosing option
England-bifurcated system
Barristers vs. Solicitors
Private and Public Prosecutors-civil law systems
Prosecution:
US-public prosecutors with minor differences in AR, KY, NC, TN in misdemeanors
In non-adverserial systems of justice the attorneys play a more passive role
FRANCE: procurator, examining magistrates,
Counsel for indigent
LATIN AMERICA:
“ACCESO A LA JUSTICIA Y EL ‘DERECHO DE INTERÉS PUBLICO’”
Judges
and Lawers have poor reputation.
Counsel
for indigent available in most countries
Rural
areas not well served
Assigned counsel
Lawyers appointed by judge from attorneys in area serving without pay
Lawyers paid by state (Argentina, Brazil, Peru, Paraguay)
Chile gives money to bar association to finance judicial assistance service
Law school legal assistance clinics
The adjudicators
US-different from rest of world with election of most judges
'
FINLAND
Nordrheinwestfalen-Ehrenamtliche
Richter
Above
documents will be translated in class
Vorschlagsliste-Sample solicitation for lay judges
Generally-Europe-wide standard for compensation of lay judges and/or jurors
Traveling
costs
Compensation
for loss of wages/earnings
Basic
subsistence stipend
(In GB-specific mention of reimbursement for child care)
Sample differences in age requirements for jurors or lay judges:
25-63
in Finland
18-69
in UK
26-69
in Bavaria, Germany
Suitability similarly determined around Europe
Citizenship or registered voter
UK has the common law system of justice and uses the 12 person jury
Interesting provision in UK
Separate areas for prayer and quiet thought in some
courts.
In UK nearly ALL persons must serve
In Finland:
Office-holders in the general courts or the prison service, public prosecutors, attorneys, enforcement officials, criminal investigators, customs and police officers may NOT serve as lay judges.
In UK jurors typically serve at the most 2 weeks
In Germany and Finland-no more than 12 days per year
Finnish District Court compositions
(depending on type and difficulty of case)
Single legally qualified judge (cases with fine or imprisonment not to exceed
18 months)
Legally qualified judge and a panel of Lay Judges (more serious criminal cases
and some civil cases)
Three
legally qualified judges (Most difficult civil cases with no Lay Judges assigned)
IN UK
Crown Court-equivalent of California Superior Court-handles serious criminal cases such as murder, rape, assault, burglary or fraud.
High Court or County Court-civil case and lower level criminal cases
Explaining the Responsibility of the Juror
Compensation for Jurors (internal)
Read about the Seal of Approval for Government agencies-the Charter Mark
Question: Is the compensation for American jurors adequate?
Justice of the Peace in U.S.
Justice of the Peace in Australia-Northern Territory
