Feb 22, 2020 22:40
4 yrs ago
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Italian term

Giudice Popolare Effettivo

Italian to English Law/Patents Law (general)
Giudice Pololare Effetivo (of a Court of Assizes) - would that be Jury Members?

Discussion

Alex O Suilleabhain (asker) Feb 23, 2020:
Still not sure - I know that Giudice means Judge, but I was also under the impression that Giudice Popolare meant Jury - so still not sure how to properly translate the full term Giudice Popolare Effettivo - will keep this thread open in case anyone else knows...
mrrafe Feb 22, 2020:
Magistrates, jurors I agree with all these remarks except I infer that the giudice populare sits and presides alongside a robed judge as if they themselves were a judge, but perform what would be the functions of a juror in US. Conversely, the functions of a magistrate in US mainly do not resemble those of a juror, because often a magistrate not only studies the case like a judge and/or juror but also runs the proceedings like a judge.
Marco Solinas Feb 22, 2020:
More dictionary translations See https://context.reverso.net/translation/italian-english/giud...
I could go on.
Marco Solinas Feb 22, 2020:
Juries in Italy and in other jurisdictions In Canada, the US, the UK and many other jurisdictions, the jury deliberates independently (without the presence of the presiding judge). I Italy, the "giudici popolari" deliberate in the presence of a "giudice togato" (a career judge) who participates in the deliberations. The "giudici popolari"are ordinary citizens, chosen at random from the general population, very much as jury members are selected in Canada, the US, the UK and many other jurisdictions. In other words, the Italian "giudici popolari" fulfill a role very similar to that performed by the juries in Canada, the US, the UK and many other jurisdictions. They are also selected in a similar way.
philgoddard Feb 22, 2020:
Giudice means judge not jury member. It's something like a magistrate, though that's "magistrato". I'd go for "people's judge", but I haven't thought of a translation for "effettivo" yet.
http://www.giustizia.it/giustizia/it/mg_3_7_4.page

Proposed translations

-1
10 mins
Selected

seated juror

As opposed to an "alternate juror". Nothing wrong with "jury member" or "member of the jury".
See page 4 of https://scholarworks.law.ubalt.edu/cgi/viewcontent.cgi?artic...

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Note added at 13 mins (2020-02-22 22:54:41 GMT)
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See https://it.wikipedia.org/wiki/Giudice_popolare for a definition of "giudice popolare"

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Note added at 32 mins (2020-02-22 23:13:10 GMT)
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For a translation of "giudice popolare", see https://www.collinsdictionary.com/dictionary/italian-english...
Peer comment(s):

disagree philgoddard : As your second reference shows, this is not a juror.
6 mins
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4 KudoZ points awarded for this answer.
59 mins

Seated Popular Judge

I don't know of anything like this in US practice, hence have no EN name for it. Suggest seated, appointed, or designated.) The popular judge seems to be chosen like a juror but is seated on the bench like a judge, alone except for one or two regular (robed) judges. In US, presiding judge can be a permanent position like chief judge/justice, or sometimes that title may be applied to any judge in charge of a particular hearing with other accompanying judges. In the latter case (unless the jurisdiction describes all supporting judges at a given hearing as presiding or associate) any supporting judges could be simply judges. At least that has been my experience although it could be a local custom.

By that logic, I would call the popular judge the presiding popular judge, or more likely a seated popular judge to prevent any inference that they are permanently the chief or presiding judge.

See criticized Wiki link below.
Example sentence:

https://it.wikipedia.org/wiki/Giudice_popolare

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13 hrs

Adjudicating (Voting) Lay Panel Judge

compare a Schoeffengericht in DE. Sits and deliberates with the Presiding Judge.

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Note added at 1 day 12 hrs (2020-02-24 11:16:33 GMT)
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PS: the active, 'effective' or effectual part played in the adjudication contrasts with an *observer-only* lay judge - as in the German legal system where the judge is flanked by up to two lay 'judges' who play no part in the ruling handed down, but consult in the deliberations with the judge retiring during an adjournment, mainly in criminal trials.
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