Change search
CiteExportLink to record
Permanent link

Direct link
Cite
Citation style
  • apa
  • ieee
  • modern-language-association-8th-edition
  • vancouver
  • Other style
More styles
Language
  • de-DE
  • en-GB
  • en-US
  • fi-FI
  • nn-NO
  • nn-NB
  • sv-SE
  • Other locale
More languages
Output format
  • html
  • text
  • asciidoc
  • rtf
Konsensus i rätten: en studie av nämndemäns och lagfarna domares samstämmighet i brottmål
Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Social Sciences, Department of Government.
2019 (Swedish)Independent thesis Basic level (degree of Bachelor), 20 credits / 30 HE creditsStudent thesis
Abstract [en]

Legitimacy is a necessary precondition for a well-functioning judicial system and it can be achieved in a variety of ways. One way of achieving legitimacy, that the Swedish legislator has chosen, is to constitute a system where lay judges work alongside professional judges in the Swedish courts. Lay participation in the courts are thought to fulfill many purposes and one of them is that they are expected to add new knowledge and additional perspectives to the courts. In other words, the Swedish legislator expect the lay judges to have opinions that, if not contrast then at least, complement the opinions of the professional judge. Nevertheless, previous research on Swedish judgements has found that the four members of the court are completely unanimous in about 95% of the judgments in criminal matters that the Swedish district courts delivers.

By conducting a survey study this thesis shows that Swedish lay judges and professional judges has differing opinions in a number of matters that, according to the focal concerns theory, influence their sentencing decisions. The results of the study also show that lay judges, in comparison to the professional judges, are more prone to advocate for imprisonment if the perpetrator is deemed guilty. Furthermore, by combining earlier research and theories on the subject, the thesis proposes an explanation to why such a high level of consensus can be observed in the delivered judgements. Lastly, the thesis discusses what implications the study’s results have on the arguments that the Swedish legislator use to justify Sweden’s system of lay judges.

Place, publisher, year, edition, pages
2019. , p. 45
Keywords [sv]
nämndemän, domare, legitimitet, focal concerns theory, status characteristics theory
National Category
Political Science (excluding Public Administration Studies and Globalisation Studies)
Identifiers
URN: urn:nbn:se:uu:diva-385862OAI: oai:DiVA.org:uu-385862DiVA, id: diva2:1326167
Subject / course
Political Science
Educational program
Bachelor Programme in Political Science
Presentation
2019-06-03, 19:48 (Swedish)
Supervisors
Examiners
Available from: 2019-06-18 Created: 2019-06-17 Last updated: 2019-06-18Bibliographically approved

Open Access in DiVA

fulltext(2295 kB)8 downloads
File information
File name FULLTEXT01.pdfFile size 2295 kBChecksum SHA-512
613f9d4a4c8bdaa58acc485a95bd766f76b5f89524d7e3bfd4ec9b2a6cc50ad47a95f9fa358b123568aa66f948bce3cbcf1f396f47147bb5359c74ab1864abe5
Type fulltextMimetype application/pdf

Search in DiVA

By author/editor
Vinsa Larsson, Frans
By organisation
Department of Government
Political Science (excluding Public Administration Studies and Globalisation Studies)

Search outside of DiVA

GoogleGoogle Scholar
Total: 8 downloads
The number of downloads is the sum of all downloads of full texts. It may include eg previous versions that are now no longer available

urn-nbn

Altmetric score

urn-nbn
Total: 30 hits
CiteExportLink to record
Permanent link

Direct link
Cite
Citation style
  • apa
  • ieee
  • modern-language-association-8th-edition
  • vancouver
  • Other style
More styles
Language
  • de-DE
  • en-GB
  • en-US
  • fi-FI
  • nn-NO
  • nn-NB
  • sv-SE
  • Other locale
More languages
Output format
  • html
  • text
  • asciidoc
  • rtf