미국의 민사배심제도에 관한 연구

• 영문명: A Study on the American Civil Jury System
• 발행기관: 한국민사소송법학회
• 저자명: 정영수(Jung, Young Soo)
• 간행물 정보: 『민사소송』제16권 제1호, 517~551쪽, 전체 35쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2012.05.30

영문 초록

In many countries, lay people participate as decision makers in legal cases. Some countries include their citizens in the justice system as lay judges or jurors, who assess cases independently. The legal systems of other nations combine lay and law–trained judges who decide cases together in mixed tribunals. Whatever the approach, a number of justifications for lay participation in the law have been advanced. Advocates claim many salutary effects: It improves decision making, reduces the effect of biased or corrupt judges, keeps the legal system in touch with community values, represents the diversity of citizen perspectives and experiences, and enhances the legal system’s overall legitimacy. The civil jury system insulates lay decisionmakers from judges during the deliberation process, and provides greater potential for lay input to determine legal outcomes. However, the civil jury has been the subject of sharp attack on grounds of its supposed incompetence and bias. Some critics argue that the complexity of today’s civil disputes is high and that a group of randomly chosen citizens is unlikely to fully understand the evidentiary and legal issues in such cases. These and other criticisms of the American civil jury trial have stimulated a widespread movement for jury reform. Reforms have included changing jury selection procedures so that a broader and more representative group serves on juries, and changing trial practice to promote the jury’s ability to comprehend the evidence.

목차

Ⅰ. 시작하며

Ⅱ. 미국의 민사배심의 역사

Ⅲ. 민사배심의 역할과 기능

Ⅳ. 민사배심의 구성에 관한 문제

Ⅴ. 연방민사배심과 배심원단의 규모

Ⅵ. 복잡한 소송에서 배심원의 역량 문제

Ⅶ. 민사배심의 후퇴 경향

Ⅷ. 마치며

참고문헌

키워드

법관 배심원 민사배심 배심원선정절차 배심재판 사법제도 judge juror civil jury jury selection procedure jury trial legal system