140. What does a lay judge (Schöffe/Schöffin) do in Germany? He/She …

Answer options

1. decides, together with professional judges, on guilt and sentence.
2. gives legal advice to citizens.
3. issues official documents.
4. defends the accused.

Explanation

Schöffen are honorary lay judges in criminal courts under the Courts Constitution Act; they deliberate and vote on guilt and legal consequences, including sentencing, on an equal footing with professional judges. Germany does not use an Anglo-American jury; the 1924 Emminger reform abolished juries and introduced mixed panels with lay judges. Their participation contributes to the democratic legitimation of adjudication (Basic Law, Art. 20(2)), while they, like professional judges, are independent and bound only by law and justice (Art. 20(3)). Lay judges are appointed through a formal selection process by municipal bodies and selection committees; they do not give legal advice, issue documents, or act as defense counsel.