Enhancing Public Trust in the Judiciary Through Lay Participation Reform in Taiwanese Criminal Justice – At the Expense of the Defendant’s Rights?

• In Event: Crime, Science and Politics WG Panel 3: Legitimacy and Transformation in Global Criminal Justice

Abstract

Due to severe public distrust in the judiciary, Taiwan implemented lay participation in criminal trials for highly serious crimes in 2023. After more than two years of implementation, the competent authority claims that the appeal rate for lay judge cases is significantly lower than that of regular cases. This suggests that the trial process and verdicts in lay judge cases are more persuasive and more likely to be accepted by prosecutors, defendants, and defense attorneys. Additionally, surveys indicate that the public has a high level of awareness, approval, and willingness to participate in the new system.
However, based on the author’s observations of three murder trials, the reality is not as ideal as the official narrative suggests. In particular, the status and rights of defendants in lay judge cases appear to be weakened, and lay judges remain noticeably influenced by professional judges in reaching their verdicts. Therefore, the author argues that the serious issue of inequality of arms in lay judge cases—especially the disparity between well-trained, well-resourced public prosecutors and inexperienced defense attorneys—must be addressed. Judicial reform aimed at enhancing public trust must not come at the expense of defendants’ rights.

Author

• Meng-Chi Lien, National Tsing Hua University