試論美國「陪審團否決權」法制──兼論我國國民法官法採用之可能性

Possibility of the Application of “Jury Nullification” to the Taiwanese Lay Participation in the Criminal Trial System

陪審團否決權係陪審員獨立為認定事實、適用法律之英美法傳統，其於英美法體系中之發展與討論已經超過百年。美國對陪審團否決權之爭論，包含對該權力之承認與否、個案上如何適用、以及是否應主動告知等問題。本文試圖透過釐清陪審團否決權的原始要終，以對我國「國民參與刑事審判法」之建構提供相關建議與參酌。

Jury Nullification is the common law tradition, which means jurors are independent in determining facts and applying laws. It developed in the Anglo-American legal system has been more than hundreds of years. In the United States, jury nullification has been discussed includes such as the recognition of the right, elements of the right, and whether the judge should actively notify it? This article tries to clarify the theory and application of “jury nullification,” in order to provide relevant suggestions and references for the construction of Taiwanese “Citizen Participation in Criminal Trials” system.