Dutch Political Culture Reflected in the Mirror of the Jury
| DOI | 10.1177/1023263X9700400205 |
| Date | 01 June 1997 |
| Published date | 01 June 1997 |
| Author | J. Griffiths |
| Subject Matter | Article |
J. G rif fith s
Dut ch Pol itic al C ulture Ref lected in the M irror o f th e
**
Observers from Common Law countries are often appalled by what they take to be the
essential features of Continental criminal procedure: its secluded, bureaucratic character
and the fundamental asymmetry of the parties. These features make them think of the
institution with the wors t reputation in their own legal history, the Court o f Star
Chamber (remembered for political prosecutions in the 16th and 17th centuries); other
associations that come to mind are Kafka, the Inqu isition and modem totalitarian states.
Dutch obs ervers, on th e other hand, are appalled at the idea of ordinary people sitting
in judgment on important criminal cases and particularly at th e primitive emotionalism
and absence of profes sional training and discipline that in their view characterize the
Common Law jur y and especially its American variant. There is probably about as
much tru th and a bout as much preconc eption on each side. In this article, however, I
examine on ly the Dutch objections to trial by jury , objections tha t were confirmed (in
Dutch eyes) by the verdict in the O.J . Si mpso n criminal case.
Why are Dutch observers so adamant i n their rejection of the jury system? Naturally,
they themselves assume this is because they are right. In this self-assurance they remind
one of the parents of a soldier marching by in an army parade: ‘Everyone’s out of step
but John ny!’ It i s, after all, the Dutch legal system that is out of step when it comes to
lay participation in criminal trials. Most legal systems allow for some form of such
participation. The question must therefore be asked: Why is the truth on this ma tter so
exclusively apparent to the Dutch ?1 * **
* Professo r of Sociology o f Law, University of Gron ingen (NL).
** This article originally appeared in slightly different form in Dutch in Ned erla nd s Ju ris ten bla d, October
20 1995, no. 37, 13 59. 1 would like to thank M. Griffiths for the translation.
1. Until recently, there was lay participation in social insurance tribunals in the Netherla nds. Only a few
pockets o f lay participation remain, such as for example medical disciplinary tribunals (participation
by docto rs).
MJ 4 (1 997) 153
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