Friday, January 20, 2017

Advokatstrid about the removal of the juryordningen – Aftenbladet.en

Research has shown that many voldtektssaker that has ended with conviction in the district court, have ended with disputed this claim in the court of appeal with a jury. When you now remove the juryordningen, I believe it will strengthen the rule of law to rape victims because it will lead to more * the passing of sentences in the court of appeal, ” says Hege Salomon to NRK.

the Last dance for the jury in English law,

Thursday, it was clear that there is a majority in Parliament for the 130-year-old scheme to be away. Instead, should the cases be decided by a composite court with five lekdommere and two fagdommere.

– * the passing of sentences you get by better evidence, so this is I disagree, ” says Marius Dietrichson, who leads the forsvarergruppen in the bar association.

– You need to investigate better, and one must iretteføre the case better in court. You must not modify bevisvurderingen in the right or switch out the judges you don’t like, or that it aims at – to make structural changes in the court to get more * the passing of sentences. It is wrong, believe Dietrichson.

Over half is acquitted

In 2007 found a committee established by the attorney general that 55 per cent of the voldtektsdømte who had appealed the judgment of the district court, were acquitted by the jury in the court of appeal.

Riksadvokat Tor-Aksel Busch took already when called for to remove the scheme, and pointed out, among other things, that the people’s confidence in the judiciary decreases significantly when they first experience that an abuser is convicted of a justification in the district court, and since being acquitted by a jury in the court of appeal without that the result is justified.

Eight years later, was the perception the same. In may 2015 stated both riksadvokat Busch and the Norwegian courts administration that the rule of law is strengthened if juryordningen should be scrapped.

the Jury has been a good scheme, but all to its time. Today, there are completely different requirements for rationales and a transparent system. What will we get with so-called composite court, ” said Busch to Aftenposten.

Political majority

on Thursday, could the same newspaper tell that This had been the coalition parties Right and the progress party on the proposal to remove the scheme.

– For Better, this has been an important rettssikkerhetsspørsmål that we have worked with for a long time. The introduction of the composite court in all cases will strengthen the rule of law. Lekdommerne will still have the majority, but the ruling must now be justified, ” says the party’s justispolitiske spokesman Kjell Britain Ropstad to the NTB.

While the Labour party for a long time have wanted to remove juryordningen, says the government’s samarbeidsparti Left outside the agreement. The left, however, agree that the appellate court must give reasons for its decisions.

– the Left sorry that juryordningen disappear. For us, it has always been essential that one should be judged by peers, ” says justispolitisk spokesperson Iselin Nybø of the NTB.

It has long been a challenge in that it is rendered a conviction without the convicted get a justification, ” she adds. (©NTB)


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