Judges reflect Danish citizens in terms of gender and origin, but not age, shows a report. When it comes to the age distribution of Danish lay judges, there is a skew. A new report from the Ministry of Justice shows that the proportion of individuals in the age group 18-30 is significantly smaller among lay judges compared to the distribution among Danish citizens. Conversely, the proportion of individuals in the age group 31-50 is larger among lay judges. A lay judge is a person who is not a legal judge but assists in judging criminal cases as either a lay judge or a juror. In all municipalities, a list is prepared from which lay judges are selected. The list must be representative of the population’s composition, and lay judges are appointed for a period of four years. Kåre Pihlmann, Chairman of the Association of Defense Lawyers, sees the skew as a problem. He believes there is a need for more younger lay judges than currently. “If a young person, for example, is charged with sending threats via Snapchat, it is a problem if there is an older lay judge who has never heard of Snapchat or maybe does not even have a mobile phone,” he says.
The report also shows a skewed distribution in the education of lay judges compared to the general population. The proportion of individuals with higher education degrees is higher among lay judges than among Danish citizens overall. Meanwhile, the proportion of individuals with elementary and vocational education is lower among lay judges. But Kåre Pihlmann does not see this as such a big challenge as age. “On the one hand, one could say that we need everyone – high and low. But at the same time, one could also say in general that education does something good. And we are interested in having competent lay judges sitting there,” he says.
Individuals must apply to be included on the list of lay judges. However, there are certain requirements one must meet to become a lay judge. First and foremost, you cannot be a lay judge if you are employed by the police, are a lawyer, or a prison guard. Additionally, it is a requirement to be a Danish citizen, have a clean criminal record, and not be over 80 years old before the end of your term.