Two-party jury could overrule judge

• Source: Global Times
• [09:59 June 12 2010]
• Comments

By Zhou Ping

The city is for the first time enlisting more than one resident to serve the jury making up the three-member collegial bench that decides whether a defendant is guilty or innocent, in an effort to bolster the democratic process within a court of law.

Since 2005, the city has used a jury for selected cases, but it was always a one-man or woman show with two judges up until now.

Using two members for the jury shifts the entire balance of power: it means that only one judge will be used - and should the jury unanimously rule against the judge, their decision would be the one upheld in a court of law, essentially vetoing the call of the judge, according to the Shanghai No.1 Intermediate People's Court.

The Changning district court held the first such case on Thursday, with two jury members voting in the same manner as the judge for a case that found Wang Song'en guilty of illegally aiding Fujian natives to immigrate overseas. Wang was sentenced to two years in jail and asked to pay a 10,000 yuan ($1,464) fine.

"This is a positive step forward in making our courts more accountable to the public," the Shanghai No.1 Intermediate People's Court said in a released statement after the verdict was announced.

Unlike in Western countries, residents selected as jury members will be compensated for food and transportation in exchange for their services.

Those over the age of 23, who have no criminal record and have never been dismissed from a government-employed job can apply to serve the jury. Local authorities can also recommend people for the bench.

With the jury a relatively new practice for Shanghai, the courts only ask members of the jury to sit in on court cases that are simple to follow, said Huang Xiangqing, deputy director of the Shanghai No.1 Intermediate People's Court.

"We pick cases that aren't too complicated so that the involved parties are easily able to come to a decision," he said. "This will also ensure that those selected for the jury, who may not know much about law, can understand the case, and that there is no time for them to be disturbed by the defendant, or the defendant's family before a verdict is reached."

The jury will also receive an introduction of the case and a quick crash course on the applicable laws by the judge before the case begins, he added.

Meanwhile, lawyers see the growing jury as a sign of progression, but remain skeptical on whether local residents are ready for such a system, and whether enough safeguards are in place.

"If the judge is the one who gives the jury members the scoop on the case, then the viewpoint of the judge will most likely influence their judgment," a lawyer surnamed Yan, who declined to disclose his first name, and who works at a local law firm, told the Global Times Friday. "Therefore, it cannot be ensured that the defendant is getting access to a fair trial."

Another lawyer who preferred to remain anonymous also gave thumbs up to the effort, but worried that jury members would abuse the system to earn money from the compensation provided.