ROC citizens could be given the right to observe court trials and have their views taken into consideration before verdicts are handed down under a proposal approved July 26 by the Judicial Reform Steering Committee under the Judicial Yuan.
“The proposal will effect a sea change in the system, creating a balance between judicial independence and accountability,” Judicial Yuan Vice President Su Yeong-chin said. “This will help strengthen the legitimacy and credibility of Taiwan’s courts.”
The terms of the proposal permit citizens aged 23 years or older with a high school and above education to be chosen by lottery on a five-person panel along with three judges for trials.
Participants will deliberate the facts and proffer opinions to the judges. With permission of the judges, panel members can examine defendants and witnesses.
Although the judges will determine the verdict in a case, they must note their reasons for not adopting the participants' views if they rule in opposition to them.
According to the Judicial Yuan, Taiwan Chiayi District Court in the South and Taiwan Shilin District Court in the North could be the first to implement the system.
Legal experts have criticized the proposal on the grounds that it does not represent a true jury system.
A poll released by the Judicial Yuan in June reveals that 76.8 percent of respondents supported a mixed jury in which judges have the final say on verdicts and sentencing, while 71.3 percent said they prefer the collective decisions of panel members and judges to be binding.
“We hope the proposed changes will narrow the distance between the court and the people,” Su said.