A defense lawyer behind the judge’s bench

A defense lawyer in criminal proceedings has a well-defined role—protecting the rights of their client, analyzing evidence, and crafting the best possible defense. But how does one's perspective change when, instead of the blue robe of a defense attorney, they put on the purple robe of a lay judge?

Judging instead of defending

I decided to take on the role of a lay judge in a criminal panel at the Prague Regional Court to gain a direct, firsthand insight into judicial decision-making and the inner workings of the justice system. As a defense lawyer, my focus is on helping my client and securing the best possible outcome for them. However, as a lay judge, I view cases from a broader perspective—not only through the lens of the defense but also that of the prosecutor and the court itself. This unique vantage point provides an understanding of legal processes that are often less visible from the defense side.

A criminal panel consists of three members, and lay judges actively participate alongside the presiding judge in determining guilt and sentencing. This role allows me not only to observe but also to directly take part in how judges reason, what they emphasize, and which aspects are critical in assessing guilt or innocence.

This experience enables me to provide even better legal services as a defense lawyer. It gives me a deeper understanding of judicial reasoning and the factors influencing case outcomes—many of which are not always apparent when looking from the outside.

Justice is rarely black and white

Being part of the decision-making process in criminal cases is also an eye-opening experience on a human level. A court verdict has a profound impact on the life of the accused as well as those affected by the crime. The responsibility of deciding guilt and determining a sentence is immense. Every case is unique, no situation is purely black or white, and all circumstances must be carefully considered before a final decision is reached.

A key aspect is the impact a verdict has not only on the accused but also on the victim and their families. A court ruling can change the course of people's lives, which gives this function profound significance. At the same time, it is far from easy—judges and lay judges must often weigh strict punishment against leniency and find the right balance between justice, deterrence, and the possibility of rehabilitation.

Better a blue robe—Or none at all?

Serving as a lay judge has given me a fresh perspective on judicial decision-making and a new understanding of how criminal justice operates. Being involved in cases where someone's guilt and punishment are determined is never simple—each case has its complexities, and no decision should ever be made lightly. This role has allowed me to see firsthand how judges assess evidence, approach legal arguments, and determine which factors are crucial in their decisions. It is an experience that has broadened my professional perspective and deepened my understanding of how the judicial system truly works.

In criminal proceedings, the color of the robe signifies the wearer's role—defense lawyers wear blue, prosecutors wear red, and judges, including lay judges, wear purple. If we ever meet in a courtroom, I would much prefer to be in blue rather than purple—because that means I am there to defend you. Even better, though, would be to meet long before that—without robes, in the calm setting of my office, where legal issues can be addressed in advance, well before they ever reach the courtroom (and often preventing them from getting there at all).

Mgr. Petr Motyčka