scholarly journals Review of Criminal Cases Containing Justifiable Defense Attributes in Jury Trials

Russian judge ◽  
2021 ◽  
Vol 2 ◽  
pp. 17-23
Author(s):  
Yuriy A. Vlasov ◽  
Keyword(s):  
Criminal Cases ◽  
Jury Trials

In the article deficiencies in the judicially investigation practice during the juridical estimation of the matters about the necessary defense are revealed, the reasons for this phenomenon are analyzed and it is proposed to examine the matters of this category concerning the required participation of the jurors of assessors.

scholarly journals Legal Complexity and the Transformation of the Criminal Process: The Origins of Plea Bargaining

1997 ◽  
Vol 31 (1-3) ◽  
pp. 183-222 ◽  
Author(s):  
Malcolm M. Feeley
Keyword(s):  
Standard Form ◽  
United States Supreme Court ◽  
Plea Bargaining ◽  
The United States ◽  
Jury Trial ◽  
Criminal Cases ◽  
Plea Bargain ◽  
Jury Trials ◽  
Adversary System ◽  
Necessary Evil

The standard form of disposition for most English and American criminal cases is the guilty plea, by means of a plea bargain. Jury trials are the rare exception rather than the rule. Although plea bargaining is the subject of a huge scholarly literature analyzing its nature and functioning, there is a much smaller literature on its origins and development. Most of the literature is highly critical, and much of it rests upon a belief that bureaucratic justice has come to replace the vigorous adversarial jury trial. Some critics lament “our vanishing jury”. Others decry the rise of “technocratic justice”. And still others warn that we are witnessing the “twilight of the adversary process”, or the decline of the adversary system. Even those who defend plea bargaining, such as justices on the United States Supreme Court, tend to regard it as a “necessary evil” required as an expedient to cope with the rising tide of caseloads rather than an ideal process.Despite important differences of emphasis among these and still other commentators, most share an important commonalty; they adopt a form of functional analysis that understands plea bargaining as an adaptation to caseload pressures. Hence the power of the metaphor “the twilight” of the adversary process. This assessment seems plausible in light of pervasive plea bargaining and the crush of caseloads in American and English courts.

scholarly journals The role of public prosecutors in jury trials: the experience of the Russian Federation and the People’s Republic of China

2021 ◽  
pp. 132-135
Author(s):  
A. A. Antonen
Keyword(s):  
Russian Federation ◽  
Criminal Cases ◽  
Public Prosecution ◽  
Republic Of China ◽  
The Past ◽  
Jury Trials ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Statistical Indicators

The article discusses the development of jury trials in Russia and China, the results of the work of the state prosecution in Russian jury trials on the basis of data from form No. 1 of the statistical reporting of the Judicial Department at the Supreme Court of the Russian Federation over the past decade. The author provides statistical indicators confi rming the growing popularity of jury trials in Russia. The results of the return of criminal cases by the courts to the prosecutor in accordance with Art. 237 of the Code of Criminal Procedure of the Russian Federation, as indicators of the effectiveness of the prosecutor’s work in courtare discussed.The article touches upon the problem of a stable increase in the number of acquitted persons in jury trials over the past 10 years. The ways of solving the current situation within the framework of the development of the system of jurors and the institution of public prosecution in the Russian Federation are proposed, which may be an experience for China.

Review of the Saudi Anti-Sexual Harassment Law: Evolution and Challenges

Law and World ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 21-40
Keyword(s):  
Sexual Harassment ◽  
State Level ◽  
Federal Court ◽  
The United States ◽  
Complex Nature ◽  
Criminal Cases ◽  
Effective Strategies ◽  
Jury Trials ◽  
Sexual Harassment Law ◽  
The Subject

Sexual harassment is one of the most debated issues in society. This is mainly because of its prevalence and effects both to the victims and other associated parties. It is a pervasive problem existing in almost every institution, organization and society. Despite its pervasiveness, it can also be elusive and in most cases go unnoticed with the victims suffering in silence. Considering its apparent yet complex nature, there has always been the consistent need to research and understand more about the subject of sexual harassment in an attempt to find effective strategies and solutions for its prevention. However, while it can be complicated and pervasive, sexual harassment is increasingly prevalent in the workplace. This may be due to several factors, including the complex nature that includes the different forms of it, such as verbal, non-verbal or physical sexual harassment nly 2% of roughly 80,000 persons charged with crimes in 2018 in federal court in the United States of America had their cases heard by juries of their peers. In those trials, 83% of defendants were convicted and 17% were acquitted. Approximately 90% of criminal cases are resolved by way of plea agreement and sentencing with only 8% dismissed.1 The percentages of jury trials and plea agreements are roughly the same at the state level. Civil cases are also tried by juries but are not the focus of this article.

THE AMERICAN CRIMINAL THE AMERICAN CRIMINAL JURY TRIAL – JUSTICE AND JURY TRIAL – JUSTICE AND DEMOCRACY IN ACTION DEMOCRACY IN ACTION

Law and World ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 14-20
Keyword(s):  
United States ◽  
United States Of America ◽  
State Level ◽  
Federal Court ◽  
The United States ◽  
The State ◽  
Jury Trial ◽  
Criminal Cases ◽  
Jury Trials ◽  
Civil Cases

Only 2% of roughly 80,000 persons charged with crimes in 2018 in federal court in the United States of America had their cases heard by juries of their peers. In those trials, 83% of defendants were convicted and 17% were acquitted. Approximately 90% of criminal cases are resolved by way of plea agreement and sentencing with only 8% dismissed.1 The percentages of jury trials and plea agreements are roughly the same at the state level. Civil cases are also tried by juries but are not the focus of this article.

scholarly journals COMMUNICATION BARRIERS IN JURY TRIALS AND ORGANIZATIONAL AND LEGAL WAYS TO OVERCOME THEM

2020 ◽  
Vol 24 (4) ◽  
pp. 1169-1186
Author(s):  
Nikita V. Bushtets
Keyword(s):  
The State ◽  
Psychological Characteristics ◽  
Public Prosecutor ◽  
District Courts ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Legal Research ◽  
The Public ◽  
Defense Lawyer ◽  
Jury Trials

The use of the Institute of jurors in Russia has been expanded since June 1, 2018. Today, courts with the participation of jurors consider criminal cases in regional courts and equivalent ones, as well as in district courts. At the same time, legislative innovations also affected the number of citizens who are members of the jury. These changes dictate the need for a scientific understanding of what happened, including the development of proposals aimed at optimizing the work of courts, representatives of the state prosecution and defense with a jury. In this regard, the purpose of the study is to improve the organization of criminal proceedings carried out by a court with the participation of jurors, taking into account the psychological characteristics of the judge, the public Prosecutor, the defense lawyer and the jury. In the course of the work, the author considers the results of psychological and legal research, which in one way or another affects the communicative features of participants in criminal proceedings. The paper makes the following main conclusions: a) to establish in the normative legal acts of the Judicial Department the main requirements for the list of property and technical means that provide comfortable conditions for jurors during the trial; b) to conduct systematic work with the staff of judges and employees of the court interacting with jurors in accordance with the recommendations given in the article; c) provide judges and employees of the court with methodological guidance concerning communication with a jury on work issues.

Felony Trials Without a Jury

1931 ◽  
Vol 25 (4) ◽  
pp. 980-995 ◽  
Author(s):  
J. A. C. Grant
Keyword(s):  
Supreme Court ◽  
Jury Trial ◽  
Administrative Discretion ◽  
Criminal Cases ◽  
Open Court ◽  
Jury Trials ◽  
The Supreme Court ◽  
Judicial Procedure ◽  
The Right ◽  
Federal Supreme

Recent crime surveys have shown that the majority of contested felony cases are never tried in open court, being settled instead by the striking of a “bargain” between the defendant and the prosecuting officer. Administrative discretion has thus largely supplanted judge and jury alike. The practice has been severely criticized by Professor Moley, who characterizes it as “ psychologically more akin to a game of poker than to a process of justice,” being “an attempt to get as much as possible from an unwilling giver” rather than “a search for truth.” In view of the technicalities and delay that were permitted to develop in connection with jury trials, the utilization of some such avenue of escape would seem to have been inevitable. The practice may be expected to develop still further unless judicial procedure is improved to a point where a trial becomes an efficient means of disposing of contested criminal cases.In most jurisdictions, the only alternative to such a compromise agreement has been a jury trial. Trial by a judge alone, the right to a jury being waived, has been regarded as of doubtful constitutionality. Recent decisions of the federal Supreme Court and of the supreme court of Illinois, sustaining such non-jury trials even in the absence of statutory authorization, have gone far toward dispelling this doubt, and warrant an examination of the practical working of the waiver plan in those jurisdictions where it has been given a trial.

scholarly journals THEORETICAL AND APPLIED ASPECT OF CONSIDERATION OF CRIMINAL CASES BY A JURY TRIAL

2020 ◽  
Author(s):  
B. Drychyk
Keyword(s):  
Statistical Analysis ◽  
Selection Procedure ◽  
Case Law ◽  
Jury Trial ◽  
Court Decisions ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Applied Aspect ◽  
Administration Of Justice ◽  
Jury Trials

The article analyzes the procedural aspects of the administration of justice by a jury trial in criminal proceedings. Given the relatively low percentage of jury trials in the total number, it is necessary to regulate in detail the selection procedure, the rights, obligations and guarantees of jurors, their role in court decisions. The results of the work, in particular, contain conclusions on the possibility of participation of jurors in various categories of criminal cases, the establishment of additional guarantees, a detailed selection procedure, the understanding of the jury themselves their role in the process. In addition, the case law on this issue was analyzed and a statistical analysis of the jury trial was conducted.

scholarly journals Jury Trial as the Atavism of History

2017 ◽  
Vol 10 (4) ◽  
pp. 212
Author(s):  
Elena A. Kupryashina ◽  
Oksana S. Stepanyuk ◽  
Irina V. Savelieva ◽  
Vyacheslav E. Tonkov ◽  
Evgeniy E. Tonkov
Keyword(s):  
Jury Trial ◽  
Legal Analysis ◽  
Criminal Cases ◽  
Foreign Countries ◽  
Jury Trials

Based on comparative-legal analysis of the jury trials development in Russia and foreign countries, the authors have shown, that broadening of jury trials powers, resulted in remoteness from finding the truth in criminal cases. Concession of the jury's opinion priority over the professionalism of the judge and the evidences, received in the process of investigation, put in jeopardy the fairness and objectivity of the court's decision. As a result, the court, based on the avesty of justicejury's conclusions, is forced, in some cases, to make a travesty of justice.

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