Jury as a Collection of Ephemical Ideas | Ugolovnaya yustitsiya – Russian Journal of Criminal Law. 2020. № 16. DOI: 10.17223/23088451/16/8

Jury as a Collection of Ephemical Ideas

To understand the expediency of the jury today, it is necessary to critically analyze its objectivity in general and in this country in particular. Unfortunately, the analysis of certain arguments demonstrates their demagogism and naivety, with outwardly intelligent and liberal form. Even a "well-chosen jury" does not always pass a full-fledged verdict, which negates the very idea of the jury. If an error is possible even in ideal conditions, there can be only one verdict - the jury is absurd by nature. The main problem in studying jury trials comes down to the fact that justifying the expediency of a jury trial often comes down to a set of absurdities and traditionally manipulative, not scientific reasoning. Unsurprisingly, politicians, attorneys for the defense, and philosophers support the jury, while law enforcement officials, psychologists, and sociologists consistently oppose it it. The belief in the positivity of jury trials as a social tool is based on the ideas of jury independence, objectivity, rationality, as well as implicit unrighteous judiciary authorities. The lack of equal access to the highly paid services of professional manipulators due to the different level of economic well-being casts deep doubt on the idea of jury objectivity and the jury in general. The strategy of influence developed and actively used by the parties to manipulate the jury undermines the idea of reasonableness of the jury. The lack of necessary information about the jury selection mechanism does not allow doubting or checking the independence of the jury. A jury trial is an objectively ineffective system, but even an ineffective system can be optimized in a number of ways. Thus, the jury can be obliged to pass a verdict only unanimously; the procedure for unmotivated jury challenge can be limited; the victim in the court session can be given a bigger role, probably through the introduction of the victim's concluding speech before the defendant's concluding speech; the jury must receive a sufficient number of photos and video materials that capture the consequences of the crime.

Download file
Counter downloads: 52

Keywords

jury trial, jury personality, impact, independence, objectivity, reasonableness

Authors

NameOrganizationE-mail
Akhmedshin Ramil L.Tomsk State Universityraist@sibmail.com
Всего: 1

References

 Jury as a Collection of Ephemical Ideas | Ugolovnaya yustitsiya – Russian Journal of Criminal Law. 2020. № 16. DOI: 10.17223/23088451/16/8

Jury as a Collection of Ephemical Ideas | Ugolovnaya yustitsiya – Russian Journal of Criminal Law. 2020. № 16. DOI: 10.17223/23088451/16/8

Download full-text version
Counter downloads: 543