Metropolitan and Town Juries: The Influence of Social Context on Lay Participation

Abstract

LA JUSTICIA [UNITED FOR JUSTICE] (2004), available at http://www.unidosjusticia.org.ar/archivo/UNIJUSjuicioporjurados.pdf 2. After the 1994 Reform, those articles are 24, 75 section 12 and 118: Article 24: Congress shall promote the reform of the present legislation in all its branches, and the establishment of trial by jury. Article 75, Section 12: Congress shall ... enact [the laws] that may be required to establish trial by jury. Article 118: The trial of all ordinary criminal cases not arising from the right to impeach granted to the House of Deputies shall be decided by jury once this institution is established in the Nation. The trial shall be held in the province where the crime has been committed; but when committed outside the territory of the Nation against public international law, the trial shall be held at such place as Congress may determine by a special law. Arts. 24; 75, §12; 118; CONSTITUCl6NNACIONAL (Arg).

Trial by Jury: Story of a Legal Transplant

“…However, even though trial by jury was expressly provided for in the Argentine Constitution, the federal government has yet to pass the required enabling legislation for federal juries (Hendler /2002). Bills proposing trial by jury were submitted to the federal legislature in 2004 and 2006, and the initiative received support from the National Department of Justice and the U.S. Embassy (Bergoglio :833). I visited Buenos Aires in 2004 and gave lectures to judges, prosecutors, defense attorneys, and the public on the subject of jury trials (Hans ).…”

“…9182 ). Law and society scholar María Inéz Bergoglio has studied the successful introduction of Córdoba's mixed court system (Bergoglio ). The mixed court includes three professional judges and eight lay citizens (four men and four women).…”

In Ambiguous Times and Spaces: The Everyday Assemblage of Lay Participation to Argentine Courthouses

“…Although Argentina’s National Constitution has mentioned the criminal jury in three separate clauses since its first version in 1853, no form of lay participation was implemented in federal justice or in any of the provinces’ court systems until the 1980s (Bergoglio, 2011; Cavallero and Hendler, 1988; Hendler, 2008). 2 With the return of constitutional rule following the last dictatorship (which lasted from 1976 to 1983), a process of legal and judicial reforms ensued, including profound modifications to federal and provincial criminal processes.…”