ASSESSOR


Meaning of ASSESSOR in English

in law, one called upon by the courts to give legal advice and assistance, and in many instances to act as judge in actual court cases. The term is also used in the United States to designate an official who evaluates property for the purposes of taxation. Assessors were appointed in the late 19th and early 20th centuries throughout much of continental Europe as an attempt to limit the influence of the jury system, which had been introduced on the wave of egalitarianism that followed the French Revolution. Displeased with the freedom of the nonprofessional jury that was so contrary to the civil-law tradition of the professional judge, legislatures introduced assessors who would sit and decide cases alongside professional judges. In effect, the attempt at independence from state judges was more or less destroyed. In France the jury of nine, which sits only in the assize courts, where only the most serious crimes are tried, is in reality a group of assessors who must decide in conjunction with three professional judges. It is possible for the jury to circumvent the judges, since a majority of eight votes is needed for conviction, but, in practice, the judges are often able to influence the jury and gain a majority. In Germany there are Schffen (see Schffe; lay jurists), who sit in groups of two at criminal cases. In specialized courts, such as labour courts, there are lay assessors who are representatives of the employers and employees. This latter type of assessor is found in England and the United States in maritime and admiralty courts, as well as in some other civil jurisdictions. In Russia assessors replaced the jury after the October Revolution. In the local people's courts, the assessors are chosen by the people, who meet in assemblies of workers, employers, or peasants. In the higher courts, however, they are elected by the soviets. Assessors sit with judges, but a majority of all those deciding is necessary for a verdict. Because the trial may be complex and the assessors untrained, they are under the influence of the professional judges, particularly on questions of law.

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