Jury selection and jury trial in Spain: Between theory and practice

The Jury Court in Spain is composed of nine citizens and is headed by a magistrate belonging to the Provincial Court, Chamber of Criminal. These citizens participate as lay assessors in a very particular way. The Spanish Jury Law 5/1995 contemplates its intervention in criminal proceedings as a sort of ‘duty-right’; one hand, inasmuch as it is a right, the law guarantees a remuneration; on the other, inasmuch as it is a duty, the Jury Law does not provide any sort of sanction because of in-assistance. Also legal status of the Spanish jurors is established by a complicated system of qualification and disqualifications causes. There are four categories for disqualification: incapacities, incompatibilities, prohibitions and excuses, which contemplate various personal and professional circumstances. In contrast, certain omissions in the regulation may be appreciated such as the conscientious objection for example, which becomes the most controversial question with regard to the duty to act as a juror.

The purpose of present paper is to discuss the above points and examines how jury selection and service actually proceeds in Spanish Jury Courts. An initial reference is made to the composition of the lists of prospective jurors, which includes an explanation of the way in which prospective jurors are designated by random from the electoral census and how the definitive lists are drawn up in each province at two-yearly intervals and delivered to the Provincial Courts. Subsequently, the trial jury selection system is presented along with other measures that relate to jury participation in criminal proceedings, such as the completion of a questionnaire on lawful grounds for disqualification and the distribution of a copy of the ‘jury handbook’ to each selected juror.
 

Journal/Publisher: Chicago Kent Law Review, Volume 86, Issue 2

Publication type: Article

Number of pages/Page range: 585-611

Language/s (content): English

Date of publication: 04-04-11

Personal data

Full name Mar JIMENO-BULNES

Current occupation Member

University/Institution Universidad de Burgos

Address Hospital del Rey s/n

Postal code 09001

Telephone 0034 947258735

Fax 0034 947258702

Email Mjimeno@ubu.es