Observations and Analysis of the Lay Judge Mock Trials -A Proposal to the Application of Model Instructions, Best Behavioral Practices and Decision Trees

Observations and Analysis of the Lay Judge Mock Trials -A Proposal to the Application of Model Instructions, Best Behavioral Practices and Decision Trees
 Title
Observations and Analysis of the Lay Judge Mock Trials-A Proposal to the Application of Model Instructions, Best Behavioral Practices and Decision Trees
 Author
Mong-Hwa Chin
 Keywords
Lay Judge System, Mock Trial, Model Instruction, Best Practices Guidelines, Decision Tree
 Public Information
 7 NCTU L. REV., September 2020, at 21-58.
 Abstract
 This article describes the observations of a series of lay judge mock trials held between 2018 to 2019 in the district courts of Taiwan. It focuses on key procedures and issues including voir dire, opening statement, evidence investigation, the comprehension of law by lay judges, and deliberation (guilt and sentencing). It points out the importance of implementing tools such as “model instructions” for lay judges and “best practices guidelines” for professional judges, as well as “decision trees” to limit the cognitive loading of decision-making for both lay judges and professional judges. Finally, this article argues that these tools should be reviewed and maintained by a national committee and develop into a national standard.
Abstract Article
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