Welcome to European Tribune. It's gone a bit quiet around here these days, but it's still going.
DW | How has Hong Kong weaponized its judiciary to target dissent?, 24 Aug
Two high-profile national security cases in Hong Kong will proceed without juries, according to the media in the former British colony, with some analysts interpreting this as another signal of failing judicial independence.
plea deals
[HKSAR Inter-Parliamentary Alliance on China co-ordinator] Kwong [Chung-Ching] said some defendants might choose to plead guilty to receive shorter jail sentences, but they might also think that arguing in court would not make a difference for the outcome.

"Since they have been remanded for more than a year, it makes more sense to just get out of jail as soon as possible," she said.

English law: bail bonds, recognisance or remand, possibly flight risk and electronic monitoring
"The threshold for granting bail is so hard to achieve now,"she added. It's very problematic to see that we are relieved when someone received bail, because it should be a norm that most defendants should receive bail as long as they don't have a high risk of hindering case development."

How to Germany | German Law and the German Legal System

There is no such thing as a jury trial in Germany and judges take on a more active role in court proceedings. Court procedures [folowing civil or criminal arraignment?] are otherwise similar to a < wipes tears >jury trial  in the USA [minus 12 + 5 alternates]. Under German law the accused is presumed innocent until proven guilty.
Quora | Why does the German legal system not allow trial by jury?
"The court and legal system in Germany is very much different from what you know in the US."
Bernhard Schmeilzl, Esq. | WHERE IS MY JURY?
Litigating in a German court of law could not be any more different from what USA litigation lawyers or English barristers are used to. First, under German civil procedure rules, there is no jury, only a professional judge (usually only one, sometimes three or five). That's the ["]guy["] you need to persuade in order to win your case.
< wipes tears >
What else is different?

Well, quite a lot. For starters, there is no pre-trial discovery: actually, there is no discovery at all. There are no depositions and, normally, also no written witness statements. ...

Herzog, "Philosophical and social view of the jury : could it have a renaissance in Germany?" (2001) "lay" participation
II. The Philosophical Foundation : Hegel´s Philosophy of Rights (1821)
III. Academic and Political Criticism: Impracticability and Inefficiency of Jury Trials

by Cat on Thu Aug 25th, 2022 at 03:36:18 PM EST
[ Parent ]

Others have rated this comment as follows:


Occasional Series