a jury (also: Court of assizes) is a court, which decides on serious crimes as well as jurors.
The jurors are usually not lawyers, but “indifferent” citizens, who fell by tuning a judgement (“parallel valuation in the layman sphere”). Usually the jurors evaluate the state of affairs of the case, the judge against it the legal situation.
The name of “jurors” comes along that these citizens had to swear traditionally on the right/law and their conscience.
legal situation in Germany
in Germany gave it between 1848 and 1924 courts of assizes, at which twelve jurors had to rule alone over the debt of the accused, while three occupation judges decided on the measure of punishment. In the Judiciary Act (GVG) is this very day 6. Title over the courts of assizes, which consists only of the waived Paragrafen 79 to 92.
While juries thus for a long time any longer does not exist, the name became “court of assizes” to beige-hold. The large criminal court of the regional court is called at certain, particularly heavy crimes further “court of assizes”, § 74 exp. 2 S. 1 GVG:
- (2) For the crimes
- 1. the sexual abuse of children with death sequence (§ 176b of the penal code),
- 2. the sexual compulsion and rape with death sequence (§ 178 of the penal code),
- 3. the sexual abuse of resistance-unable persons with death sequence (§ 179 exp. 7 in connection with § 178 of the penal code),
- 4. the murder (§ 211 of the penal code),
- 26. a deliberate environmental criminal offence with death sequence (§ 330 exp. 2 No. 2 of the penal code)
- a criminal court is responsible as court of assizes.
This court of assizes has however together with the original court of assizes only the name. It negotiated in the occupation of the large criminal courts, has thus no jurors, who co-ordinate only on the question of guilt, but jurors, thus beside the three occupation judges of two honorary, otherwise however adequate judges, who along-decide comprehensively.
legal situation in Austria
is decided on political crimes and all crimes with a punishing lower bound of five years. A jury consists of the court of assizes yard (three occupation judges; they specify the punishing extent) and to the jury (eight laymen jurors; they decide with absolute majority on the question of guilt and together with the court of assizes yard on the punishing extent).
If the three occupation judges are unanimous the conviction that the decision of the jurors is wrong, then this can be examined by the highest Court of Justice and the case another jury to be perhaps transferred.
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