재판의 공정성에 대한 인식에 영향을 미치는 요인에 대한 연구 ‐ 국민참여재판 그림자 배심원들의 경험을 바탕으로 ‐

Using the survey data collected from the 295 participants of shadow juries in 20jury trial cases between January and June of 2012 in South Korea, we examinedwhether various factors in the court proceedings and deliberations affected the perceptionof fairness of the trials the shadow jurors participated in and the evaluationof the jury trials in general. We found that the shadow jurors’ perception about thefairness of the trial were accounted for by their perceptions of how well the judgesmanaged the trials and of how helpful the judges were in assisting the deliberationprocess. The shadow jurors did not think the trial was less fair because they perceivedthe case was complex. Nor did they think the trial was fair because the prosecutormade a good case against the defendant or because the defense counsel made a gooddefense. Whether the shadow jurors perceived that the defendants were given sufficienttime and opportunity to speak did not influence their perception of how fair theythought the trial was. Whether the jurors actively participated in the discussion,whether the foreperson managed the deliberation well, whether the jurors were satisfiedwith the deliberation process, whether the juror agreed with the verdict did not affect the perception of the fairness, either. The role of the judges clearly played acritical role in the shadow jurors’ perception of the fairness of the trial, suggestingthat even the shadow jurors who participated in the new jury trial based their evaluationof the trial in the performance of the judges. On the other hand, the shadow jurors’ support of the jury trial in general was influencedby very different explanatory variables. None of the factors related to thecourt proceedings affected the jurors’ support of the jury trial. Rather, the jurors’personal characteristics such as their degree of cognitive wants influenced how desirablethey thought the jury trial is for the fairness of the trial. The shadow jurorswho enjoyed debates and were willing to solve difficult problems and to learn newthings were more likely to appreciate the jury trial as an institution to advance thefairness of the trial. Also, the more the shadow jurors thought that they actively participatedin the discussion process, the more desirable they thought the jury trial isfor fair trial. None of the other discussion-related factors such as the role of a forepersonor the degree of satisfaction with the deliberation, etc. influenced the jurors’attitude toward the jury trial. In conclusion, the shadow jurors’ attitude toward thedesirability of the jury trial depends more on the assessment of their own cognitiveabilities and wants and the willingness to actively participate in the discussion. It issuggested that not only the experiences of participating at jury trial strengthens theparticipants’ ability in deliberation and their willingness to participate, the increasedability and willingness to participate will be critical in the successful administrationof the jury trial in the future.