Features of decisions made by a jury court
The artirie discusses the features of the тот! derisions made by jurors, as well as presiding judge's derisions taken on the verdict basis. The author randies that what makes these derisions specific is the peculiarities of the evidence in jury trials, as well as responsibility delineation between the jurors and the presiding professional judge. The jury's derision-making melanism is different from the decision-making melanism involving the professional judge. First, the former inriudes assessing neither the reason for the derision, nor legal qualification. Second, the set of subjective factors influenring the jury's derision is different from that for the professional judges, as the former deals with the features of the procedural information perceiving by non-professional participants in the court proceedings. Third, the jury's level of legal consciousness (namely, ordinary legal consciousness, absence of professional deformation, and so on) differs from that of the professional judge. Fourth, the approaches the jury use when evaluating the information received are also different. Fifth, the ways of external environment conditioning the jurors must be taken into account as well. Judicial decisions made by the presiding judge on the basis of the jury's verdict also have their own features, since their mechanism includes a specific stage of establishing the facts of the case, and the legal authority to conduct this stage is delegated to the jury. As a result, the decision made by the presiding judge is most often based on the indirect cognition of the factual circumstances of the case established directly by the jurors.
Keywords
судебное решение, вердикт, приговор, присяжные заседатели, механизм принятия судебного решения, доказывание, познавательная деятельность, court derision, verdict, sentence, jurors, judirial derision-making melanism, evidence, cognitive activitiesAuthors
Name | Organization | |
Belyaev Maksim V. | Supreme Court of the Repute of Tatarstan | crim.just@mail.ru |
References

Features of decisions made by a jury court | Ugolovnaya yustitsiya – Russian Journal of Criminal Law. 2018. № 12. DOI: 10.17223/23088451/12/12