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Nämndemännens påverkan vid rättslig beslutsfattning: en studie om likabehandling inom rättsväsendet

Nicander, Alexandra LU (2017) RÄSK02 20171
Department of Sociology of Law
Abstract
The Swedish lay judge system is constantly subject for debate. Recent cases of bias among lay judges at criminal trials as well as the Sweden Democrats' entry into the parliament in 2010, which gave them an increased number of mandate among the lay judges, characterizes the debate to a large extent. The following study is based on the debate and whether the lay judge system maintains its original purpose or not. On the occasion of the emerged indications of the occurrence of structural discrimination of ethnic minorities in the justice system, following survey studies the lay judge systems regarding discrimination (SOU 2006:30).

Through an examination of 184 judgments from four Swedish District Courts, the upholding of the principle of... (More)
The Swedish lay judge system is constantly subject for debate. Recent cases of bias among lay judges at criminal trials as well as the Sweden Democrats' entry into the parliament in 2010, which gave them an increased number of mandate among the lay judges, characterizes the debate to a large extent. The following study is based on the debate and whether the lay judge system maintains its original purpose or not. On the occasion of the emerged indications of the occurrence of structural discrimination of ethnic minorities in the justice system, following survey studies the lay judge systems regarding discrimination (SOU 2006:30).

Through an examination of 184 judgments from four Swedish District Courts, the upholding of the principle of equal treatment is reviewed. Interviews have been conducted as a complement with the purpose to bring perception of the lay judge systems function in practice. The survey shows that there is a (marginal) difference between those prosecuted with ethnic "foreignsounding" names and those prosecuted with ethnic ”Swedish sounding” name, where the former appears to be sentenced in a greater extent than the latter. There are also some differences in the sense that lay judges in the cases where a person with foreign-sounding name who is prosecuted were freed from accusation tends to want to see a conviction nevertheless. (Less)
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author
Nicander, Alexandra LU
supervisor
organization
course
RÄSK02 20171
year
type
M2 - Bachelor Degree
subject
keywords
discrimination, District Court, equality, lay judges, Luhmann
language
Swedish
id
8913872
date added to LUP
2017-06-19 10:17:32
date last changed
2017-06-19 10:17:32
@misc{8913872,
  abstract     = {The Swedish lay judge system is constantly subject for debate. Recent cases of bias among lay judges at criminal trials as well as the Sweden Democrats' entry into the parliament in 2010, which gave them an increased number of mandate among the lay judges, characterizes the debate to a large extent. The following study is based on the debate and whether the lay judge system maintains its original purpose or not. On the occasion of the emerged indications of the occurrence of structural discrimination of ethnic minorities in the justice system, following survey studies the lay judge systems regarding discrimination (SOU 2006:30).
 
Through an examination of 184 judgments from four Swedish District Courts, the upholding of the principle of equal treatment is reviewed. Interviews have been conducted as a complement with the purpose to bring perception of the lay judge systems function in practice. The survey shows that there is a (marginal) difference between those prosecuted with ethnic "foreignsounding" names and those prosecuted with ethnic ”Swedish sounding” name, where the former appears to be sentenced in a greater extent than the latter. There are also some differences in the sense that lay judges in the cases where a person with foreign-sounding name who is prosecuted were freed from accusation tends to want to see a conviction nevertheless.},
  author       = {Nicander, Alexandra},
  keyword      = {discrimination,District Court,equality,lay judges,Luhmann},
  language     = {swe},
  note         = {Student Paper},
  title        = {Nämndemännens påverkan vid rättslig beslutsfattning: en studie om likabehandling inom rättsväsendet},
  year         = {2017},
}