German Jury Trial Essay

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In Professor Samuel Williston writings in his book about German Law has said: "Its codification of the law is the most complete, the most modern, and the most scientific in the world." (Williston on Sales, Section 293.) It is his aim to show the workings of the German criminal code of the procedure that has been seen in a typical jury trial.

For the jury trials that have been held in Germany and only in a certain of the more serious criminal cases(Strafgesetzbuch, section 80). There are, therefore, have comparatively with the few jury trials, with the fact which probably will have accounts for the paucity of the hard and the fast rules of the evidence in the German law. For Professor Thayer who has long pointed out, (Thayer, page 2) "It is this institution of the jury which the accounts are for the common-law system of evidence." It has been believed that the description of the German jury should prove interesting and instructive.

There is the courtroom that in which the trial is about to be …show more content…

The judge will pull out slips of paper, with the names of those that are called for jury duty that is written on them, the judge will pull them out of a glass urn that is standing on a desk in front of him(Strafprozeszordnung, section 280, 281.). The judge will read the names that are on the slips, there is a momentary silence, and if neither side has uttered the word, "abgelehnt," which means "peremptorily challenged," the men have been considered accepted and are told to enter the jury box; so if the council have said; "angenommen," which means "accepted."(Strafprozeszordnung, section 283.). The prosecution and the defense may exercise the odd challenge(Strafprozeszordnung, section 282.). While in this particular case the jury box has been filled in about five minutes, and there are only three to four men that have been peremptorily

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