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NCJ Number: 51479 Find in a Library
Title: PARTICIPATION OF THE PEOPLE IN THE ADMINISTRATION OF JUSTICE IN POLAND AS A FORM OF EXTRAJUDICIAL CONTROL
Journal: QUADERNI DI CRIMINOLOGIA CLINICA  Volume:20  Issue:1  Dated:(JANUARY-MARCH 1978)  Pages:3-20
Author(s): W MICHALSKI
Corporate Author: Ministero di Grazia E Giustizia
Italy
Date Published: 1978
Page Count: 18
Sponsoring Agency: Ministero di Grazia E Giustizia
Rome, Italy
Format: Article
Language: Italian
Country: Italy
Annotation: THE APPLICATION OF CITIZEN PARTICIPATION POLICIES IN POLAND'S JUDICIAL SYSTEM IS DISCUSSED FOR THE BENEFIT OF THE ITALIAN READER.
Abstract: REPRESENTATIVES OF THE POLISH PEOPLE HAVE A LEGITIMATE INFLUENCE ON THE CONTENT OF SENTENCES PRONOUNCED AND THEIR EXECUTION. TYPICALLY, THE COURT IS COMPOSED OF ONE OR TWO PROFESSIONAL JUDGES AND TWO OR THREE LAY JUDGES, EXCEPT IN CERTAIN MINOR CRIMES, EXTREMELY COMPLICATED CASES, OR CASES BEFORE THE APPELLATE COURT. LAY JUDGES ARE SELECTED BY PEOPLES' COUNCILS ACCORDING TO THEIR REPUTATION AMONG PEERS, INVOLVEMENT IN CIVIC AFFAIRS, INTEGRITY, SENSE OF JUSTICE, AND SOCIAL BACKGROUND. ASSIGNED EQUAL PARTICIPATION IN THE COURTS, LAY JUDGES STRIVE TO REPRESENT THE OPINION OF THE PEOPLE AND KEEP THE COURTS FROM ISOLATING THEMSELVES FROM SOCIETY. THEY ALAWYS PRESENT A REPORT OF THEIR ACTIVITIES IN COURT TO THE PEOPLE'S COUNCIL. JUDICIAL AUTHORITY FOR MISDEMEANORS IS CONTROLLED BY SPECIAL BOARDS (OPERATING UNDER GOVERNMENTAL CONTROL) THAT ARE COMPOSED OF MEMBERS ELECTED BY THE LOCAL PEOPLE'S COUNCIL. REPRESENTATIVES OF SOCIAL ORGANIZATIONS ARE ADMITTED TO TRIALS TO INTRODUCE MOTIONS AND PRESENT OPINIONS REGARDING THE BEHAVIOR AND CHARACTER OF THE DEFENDANT; THIS HEIGHTENS THE INTEREST OF SOCIAL ORGANIZATIONS IN THE FIGHT AGAINST CRIME AND ADDS TO THE COURTS UNDERSTANDING OF THE CASE. ALSO, MORE THAN 25,000 SOCIAL TRUSTEES HELP TO REINTEGRATE OFFENDERS INTO SOCIETY AND SUPERVISE PERSONS UNDER SUSPENDED SENTENCES. FOR CONVICTS ON PAROLE, SPECIAL JUDICIAL TRUSTEES OVERSEE THEIR SOCIAL REHABILITATION. FINALLY, SOCIAL COURTS ACT AS CONCILIATORY ALTERNATIVES TO THE REGULAR COURTS; A REGULAR GOVERNMENT COURT CAN REFER CASES TO SOCIAL COURTS FOR RECONCILIATION OF THE PARTIES. IN GENERAL, CITIZENS' ACTIVE PARTICIPATION IN THE ADMINISTRATION OF JUSTICE FOSTERS AN ENVIRONMENT IN WHICH CRIME IS PREVENTED RATHER THAN PUNISHED; THEIR SOCIAL ACTION HAS BEEN INSTRUMENTAL IN THE DECREASE OF POLAND'S CRIME RATE. FOR AN ENGLISH SUMMARY TRANSLATION, SEE NCJ-59507. --IN ITALIAN. (MHP)
Index Term(s): Alternative dispute settlement; Citizen associations; Citizen court watching; Civil service; Community involvement; Judicial process; Neighborhood justice centers; Poland; Small claims courts
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=51479

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