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@article{ART002320749},
author={Borhanian, Shahin},
title={Jury Service in Korea as Education in Citizenship and Constitutionalism},
journal={Legal Theory & Practice Review},
issn={2288-1840},
year={2018},
volume={6},
number={1},
pages={139-186}

TY - JOUR
AU - Borhanian, Shahin
TI - Jury Service in Korea as Education in Citizenship and Constitutionalism
JO - Legal Theory & Practice Review
PY - 2018
VL - 6
IS - 1
PB - The Korea Society for Legal Theory and Practice Inc.
SP - 139
EP - 186
SN - 2288-1840
AB - Korea added, as a pilot program in 2008, jury trials to Korea’s amazingly effective criminal process. This paper reviews the Act on Citizen Participation in Criminal Trials, and the comparative development of jury trials in America, particularly during the late colonial and Revolutionary period, and proposes that deliberation in jury trials is affected by formal trial decorum and a quiet reticence in the traditionally peace-loving Korean people to cause emotional disturbance in others or to disagree with others, particularly their superiors in age or social standing. Jury trials provide an excellent forum for educating Koreans in empathy and the art of communication and debate, which in time will be rendered free from pressures of rank, age and other cultural network loyalties, and active involvement in the judicial decision-making process will growingly educate the public in not only the rule of law, but more importantly in the foundations of constitutionalism and the equitable doctrines of “fairness, equal treatment, and impartiality,” to give Koreans a more functional sense of human rights and citizenship in a global society. Because juries are not without their biases, there is risk to fair adjudication and the Constitutional rights of the accused posed by a lack rationality in jury sentencing, which may be averted if the presiding judges thoughtfully and critically review the juries’ sentencing recommendations for conformity with the evidence and its uniformity with prior cases, and either instruct the jury, or adjust the sentences, accordingly, as mandated by Article 27(1) of the Korean Constitution.
KW - Jury Trial;Fair Trial;Human rights;Constitutional State;Citizens’ Participation;Sentencing
DO -
UR -
ER -

Borhanian, Shahin. (2018). Jury Service in Korea as Education in Citizenship and Constitutionalism. Legal Theory & Practice Review, 6(1), 139-186.

Borhanian, Shahin. 2018, "Jury Service in Korea as Education in Citizenship and Constitutionalism", Legal Theory & Practice Review, vol.6, no.1 pp.139-186.

Borhanian, Shahin "Jury Service in Korea as Education in Citizenship and Constitutionalism" Legal Theory & Practice Review 6.1 pp.139-186 (2018) : 139.

Borhanian, Shahin. Jury Service in Korea as Education in Citizenship and Constitutionalism. 2018; 6(1), 139-186.

Borhanian, Shahin. "Jury Service in Korea as Education in Citizenship and Constitutionalism" Legal Theory & Practice Review 6, no.1 (2018) : 139-186.

Borhanian, Shahin. Jury Service in Korea as Education in Citizenship and Constitutionalism. Legal Theory & Practice Review, 6(1), 139-186.

Borhanian, Shahin. Jury Service in Korea as Education in Citizenship and Constitutionalism. Legal Theory & Practice Review. 2018; 6(1) 139-186.

Borhanian, Shahin. Jury Service in Korea as Education in Citizenship and Constitutionalism. 2018; 6(1), 139-186.

Borhanian, Shahin. "Jury Service in Korea as Education in Citizenship and Constitutionalism" Legal Theory & Practice Review 6, no.1 (2018) : 139-186.