Establishing a Suitable Lay Participation System for the Taiwanese Criminal Justice System

This research focuses on a recent judicial reform measure proposed by the Taiwanese Judicial Yuan in 2011. The measure’s objective was to improve the criminal justice system via the implementation of a so-called “lay observer system.” The dissertation begins with an analysis regarding whether the Taiwanese criminal justice system needs to reform, and it considers whether the introduction of the proposed lay observer system would be a reasonable means of achieving the Judicial Yuan’s goals and meeting its expectations, which include rebuilding the Taiwanese society’s trust in the professional judges’ credibility and the court’s fairness. The second part of this dissertation delves into historical research. Not only does this section discuss those traditional lay participation trial patterns, which include the jury systems and lay judge systems, but it also examines the mixture systems in Japan and South Korea. This helps to better understand and determine the origins of lay participation systems in different countries. In addition, by addressing the reasons as to why previous attempts to implement lay participation systems in Taiwan have failed and by looking at contemporary concerns regarding lay participation, this dissertation will challenge and resolve probable constitutional issues pertaining to the implementation of the proposed lay observer system. Moreover, historical analysis as well as a comparison of the various lay participation systems, confirm that Taiwan’s current proposed system is the best means of improving the Taiwanese criminal justice system. Lastly, the dissertation will give practical recommendations and remind remaining issues with regard to the proposed system to ensure that defendants receive fairer and just trial proceedings once the proposed lay observer system is established in Taiwan

Establishing a Suitable Lay Participation System for the Taiwanese Criminal Justice System

This research focuses on a recent judicial reform measure proposed by the Taiwanese Judicial Yuan in 2011. The measure’s objective was to improve the criminal justice system via the implementation of a so-called “lay observer system.” The dissertation begins with an analysis regarding whether the Taiwanese criminal justice system needs to reform, and it considers whether the introduction of the proposed lay observer system would be a reasonable means of achieving the Judicial Yuan’s goals and meeting its expectations, which include rebuilding the Taiwanese society’s trust in the professional judges’ credibility and the court’s fairness. The second part of this dissertation delves into historical research. Not only does this section discuss those traditional lay participation trial patterns, which include the jury systems and lay judge systems, but it also examines the mixture systems in Japan and South Korea. This helps to better understand and determine the origins of lay participation systems in different countries. In addition, by addressing the reasons as to why previous attempts to implement lay participation systems in Taiwan have failed and by looking at contemporary concerns regarding lay participation, this dissertation will challenge and resolve probable constitutional issues pertaining to the implementation of the proposed lay observer system. Moreover, historical analysis as well as a comparison of the various lay participation systems, confirm that Taiwan’s current proposed system is the best means of improving the Taiwanese criminal justice system. Lastly, the dissertation will give practical recommendations and remind remaining issues with regard to the proposed system to ensure that defendants receive fairer and just trial proceedings once the proposed lay observer system is established in Taiwan

Adiabatic Perturbations in Homologous Conventional Polytropic Core Collapses of a Spherical Star

We perform a non-radial adiabatic perturbation analysis on homologous conventional polytropic stellar core collapses. The core collapse features a polytropic exponent $\Gamma=4/3$ relativistic gas under self-gravity of spherical symmetry while three-dimensional perturbations involve an adiabatic exponent $\gamma$ with $\gamma\neq\Gamma$ such that the Brunt-V$\ddot{\rm a}$is$\ddot{\rm a}$l$\ddot{\rm a}$ buoyancy frequency ${\cal N}$ does not vanish. With proper boundary conditions, we derive eigenvalues and eigenfunctions for different modes of oscillations. In reference to stellar oscillations and earlier results, we examine behaviours of different modes and the criterion for instabilities. The acoustic p$-$modes and surface f$-$modes remain stable. For $\gamma<\Gamma$, convective instabilities appear as unstable internal gravity g$^{-}-$modes. For $\gamma>\Gamma$, sufficiently low-order internal gravity g$^{+}-$modes are stable, whereas sufficiently high-order g$^{+}-$modes, which would have been stable in a static star, become unstable during self-similar core collapses. For supernova explosions, physical consequences of such inevitable g$-$mode instabilities are speculated.Comment: 5 pages, 4 figures, accepted for publication in MNRA