The Citizen Participation Trial The Future of Criminal Trials The Citizen Participation Trial

The Ideal of Criminal Trials Strengthening the Judicial Guarantee for Human Rights Strict Criminal Justice Administration The Ideological Goals of Criminal Trials Fair trials trusted by the people Appropriate and Reasonable Sentencing Efficient and Close Trial Hearing

Table of Contents The Citizens’ Participation in Criminal Trials The Adoption of the Citizen Participation Trial(CPT) The CPT’s Compatibility with our Constitution The Outcome of the CPT

The Citizens' Participation in Criminal Trials

The existing Judicial System Managed By Professional Judges BUT An efficient Judicial System has been established The 'Rule of Law‘ realized by the Judges Appointed by the Chief Justice with the consent of the Supreme Court Justices Council far from a democratic national power

The existing Judicial System Managed By Professional Judges An efficient Judicial System has been established Challenges for the citizens' participation in the trial procedure to reinforce the democratic legitimacy in the judiciary and to increase the public confidence toward the judicial branch

The Citizen's Participation in Criminal Trials Possible Means Electing the judges Taking part in the trial procedure Supervising and controlling the judiciary indirectly (Organizing Committees & Civic Groups) The Adoption of Citizen Participation Trial

The Citizen Participation Trial

The Citizen's Participation in Criminal Trials Why should the Public take part in Criminal Trials? (The Justification of the Citizen's Participation in Criminal Trial) To reinforce the democratic legitimacy of the judicial process To enhance the transparency of the judicial system and confidence in the judiciary To disseminate the legal mind and the reasonable thinking culture in the public

The Citizen Participation Trial A Combination of the common-law Jury system and the civil-law Lay-judge system A Unique System

The Features of the CPT In case the Jury hasn't reached a unanimous agreement, it can give a verdict under the majority rule only after it hears the opinion of the judge The Jury brings in a verdict without any intervention by the judge(It must be a unanimous agreement) V E R D I C T

The Features of the CPT They can present their opinion to the judge(They don't have to take a vote to set forth an opinion). The Jury discuss the appropriate punishment with the judge S E N T C I G

The Citizen Participation Trial A Combination of the common-law Jury system and the civil-law Lay-judge system A Mixed System Why? To find out a System that fits our situation

The CPT's compatibility with our Constitution

The CPT's compatibility with our Constitution Right to trial The doctrine of popular sovereignty

The Principle of the sovereignty residing in the people Article 1 [Democracy] (1) The Republic of Korea is a democratic republic. (2) The sovereignty of the Republic of Korea resides in the people, and all state authority emanates from the people.

By the Citizens’ Participation The criteria of the judgment in criminal cases(based not on expert knowledge, but on common knowledge) can be set up. The Judgment can acquire democratic legitimacy.

The CPT's compatibility with our Constitution Right to trial The doctrine of popular sovereignty

Right to Trial Article 27 [Right to Trial] (1) All citizens have the right to be tried in conformity with the law by judges qualified under the Constitution and the law.

Right to Trial Article 105 [Term of Judges] (3) The term of office of judges other than the Chief Justice and Justices of the Supreme Court is ten years, and they may be reappointed under the conditions as prescribed by law. (4) The retirement age of judges is determined by law.  

Right to Trial Article 106 [Sanctions, Early Retirement] (1) No judge may be removed from office except by impeachment or a sentence of imprisonment or heavier punishment, nor may he be suspended from office, have his salary reduced, or suffer any other unfavorable treatment except by disciplinary action. (2) In the event a judge is unable to discharge his official duties because of serious mental or physical impairment, he may be retired from office under the conditions as prescribed by law.

Right to Trial by Judges should be construed as a Right to Trial by Professional Judges THEREFORE, The Constitution designed the Right to Trial as the Right to Trial by a Professional Judge The Constitution didn't codify the public’s participation in the judiciary

The Limits of the CPT The defendant has the right to CPT But for the present, this right is not guaranteed by the Constitution. It is only held when the defendant declares his/her favor for CPT The court may decide to exclude CPT if it is deemed inappropriate to hold CPT, no matter what the defendant has wanted The Jury's verdict and sentence opinion have only an advisory effect.

Is the Citizen Participation Trial unconstitutional? The supremacy of the Doctrine of popular Sovereignty and Democracy Herefrom the Necessity and the Justification of CPT is derived. Move an Amendment to the Constitution

The Proper Function of the CPT The Verdict and Sentence Opinion made by the Jury is brought in only on the basis of the evidences produced in the open court during the trial procedure. The lawyers and judges are compelled to use language that is easy to understand, in order to communicate their criminal cases or their legal instructions to lay juries.

The Proper Function of the CPT Operating the Citizen Participation Trial The Aim of our Criminal Trial Concentrative and Open Trial Oral Argument-oriented Trial

Conclusion The CPT is an important step toward gaining public trust in the fairness of the courts, and reinforcing the democratic legitimacy in the judiciary Hope to become a successful System that is suited to our historical, cultural, and social background

Proposals