Abstract

Abstract The objective of the paper is to present the role of the non-professional judge in Poland as an important manifestation of civic culture based on citizens’ activity in the sphere of justice among other things. The paper also highlights the importance of an appropriate selection of citizens who are to adjudicate and possibly place restrictions on access to judicial functions using the example of Polish law. The last part addresses the problem of the gradual reduction of the participation of lay judges in the Polish justice system and the controversial attempts to halt this trend, such as the introduction of lay judges to the Supreme Court and the start of discussions on the introduction of the justice of the peace to common courts.

Highlights

  • A non-professional judge is defined as a person who adjudicates alongside professional judges, most often without professional qualifications to do so, and who performs his or her function as a voluntary, nonprofessional person without remuneration

  • There are basically three models of non-professional judge: the justice of the peace or lay magistrate, who deals with cases at the lowest level of the judiciary in England, Wales, Scotland, New Zealand, and some US states (e.g. Texas, Utah, West Virginia), Australia, Canada and France, a member of a jury found in legal systems of approximately 50 countries such as the United States, the United Kingdom and ISSN 0860-150X

  • The aim of this paper is to discuss the function of a non-professional judge as an important manifestation of civic culture in Poland

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Summary

Introduction

A non-professional judge is defined as a person who adjudicates alongside professional judges, most often without professional qualifications to do so, and who performs his or her function as a voluntary, nonprofessional person without remuneration. The function of being a link between the justice system and society is related to the fact that a lay citizen brings to adjudicating cases his/her own life experience and knowledge and an opinion and a sense of justice of the social group in which he or she lives.

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