Who Shall Judge? Taiwan’s Exploration of Lay Participation in Criminal Trials

Abstract

International human rights law does not demand lay participation in criminal trials. The International Covenant on Civil and Political Rights provides that “everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law” but it does not dictate the composition of the tribunal. In recent years, Taiwan has tussled with the extent to which public access to observing trials should be transformed into direct public participation in the outcome of those trials. To date, however, the role that lay people will serve in the adjudication process remains contested. As Taiwan moves towards formulating a specific plan for lay participation, this chapter questions whether proponents of lay participation are expecting too much of the proposed reforms and encourages greater focus on how lay participation might impact the rights of the accused.