scholarly journals Reform of the Spanish jury trial

2021 ◽  
Vol 2021 (4) ◽  
pp. 184-190
Author(s):  
Alexandra Kuzina
Keyword(s):  
Jury Trial ◽  
Anglo Saxon ◽  
Criminal Process ◽  
Legal Method

The article discusses the reform of the Spanish jury court in 1995, based on the provisions of the classical jury court of the Anglo-Saxon legal family. The author uses a comparative legal method to identify the features of the adversarial and inquisitorial systems of law, allowing to distinguish between the main models of the criminal process. Comparing the essence of the American jury trial as a representative of the Anglo-Saxon system with its Spanish counterpart, the author comes to the conclusion that the reform didn’t lead to drastic changes, but it only strengthened the investigative nature of the process.

Prospects for the Implementation of Special Conciliation Procedures in the Russian Criminal Process

2020 ◽  
Vol 9 ◽  
pp. 99-104
Author(s):  
E. V. Markovicheva ◽  
Keyword(s):  
Criminal Justice ◽  
Restorative Justice ◽  
Justice System ◽  
Criminal Procedure ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Traditional System ◽  
Common Features ◽  
Legal Method

In the 21st century, the concept of restorative justice has become widespread in criminal proceedings. The introduction of special compromise procedures into the criminal process allows for the restoration of the rights of the victim and reduces the level of repression in the criminal justice system. The traditional system of punishment is considered ineffective, not conducive to the purpose of compensating for harm caused by the crime. Restorative justice enables the accused to compensate for the harm caused by the crime and is oriented not towards their social isolation, but towards further positive socialization. The introduction of the ideas of restorative justice into the Russian criminal process requires the introduction of special conciliation procedures. The purpose of the article is to reveal promising directions for introducing special conciliation procedures into the Russian criminal process. The use of the formal legal method provided an analysis of the norms of criminal procedure legislation and the practice of its application. Comparative legal analysis revealed common features in the development of models of restorative justice in modern states. Conclusions. The introduction of conciliation procedures into the Russian criminal process is in line with the concept of its humanization and reduction of the level of criminal repression. The consolidation of the mediator»s procedural status and the mediation procedure in the criminal procedure legislation will make it possible to put into practice the elements of restorative justice.

Towards a redefinition of the role of the court interpreter

Interpreting ◽  
1998 ◽  
Vol 3 (1) ◽  
pp. 21-45 ◽  
Author(s):  
Holly Mikkelson
Keyword(s):  
United States ◽  
Formal Education ◽  
The United States ◽  
Jury Trial ◽  
Cultural Norms ◽  
Anglo Saxon ◽  
New Approach ◽  
Distinctive Features ◽  
State Statutes

Various federal and state statutes in the United States define the role of the court interpreter with clear and unequivocal rules. This definition is based on the underlying principles of the U.S. legal system, which is derived from the Anglo-Saxon common-law tradition. Consequently, the distinctive features of that system, including the jury trial and the concept of adversarial proceedings, make the function of the court interpreter quite different from that of his/her counterparts in other countries. In recent years, the judiciary has made an effort to enhance the public's access to the justice system, but at the same time, the latest wave of immigration comprises individuals from societies in which cultural norms differ greatly from those of the United States. Moreover, many of these immigrants have received little or no formal education. As a result, judiciary interpreters feel somewhat constrained by the rules that govern their profession when they strive to bridge the cultural and linguistic gap. This paper reexamines the function of the court interpreter in light of these circumstances and an analysis of prevailing practices in other countries, and proposes a new approach to the interpreter's role.

scholarly journals THE IMPACT OF LEGISLATION THE ANGLO-SAXON LEGAL SYSTEM ON THE REFORM OF THE RUSSIAN CRIMINAL PROCEDURE LAW

2017 ◽  
Vol 21 (5) ◽  
pp. 178-184
Author(s):  
T. K. Ryabinina
Keyword(s):  
Russian Federation ◽  
Legal System ◽  
Criminal Procedure ◽  
The United States ◽  
Anglo Saxon ◽  
Criminal Process ◽  
Legal Provisions ◽  
The Russian Federation ◽  
Anglo American ◽  
The Impact

The article discusses issues concerning the impact of legislation some countries Anglo-Saxon legal family on contemporary reform of Russian criminal procedure. The author raises the problem of community many of the legal provisions and institutions of Russian and Anglo-Saxon law. The work focuses on the fact that due to frequent legal stories, contradictory law-enforcement practice, the active work of the constitutional Court of the Russian Federation and Plenum of the Supreme Court of the Russian Federation which, by their individual decisions initiate new legislative changes, the reference to comparative legal study of foreign models of the criminal process is inevitable. The study used General scientific and special legal methods of studies: analysis and synthesis, legal modeling, formally-legal. The scientific novelty of the research lies in the author's approach to the study of the problem, which has not only theoretical but also practical importance, consists in the fact that, despite the seemingly opposite type of the Russian legal system related to civil law jurisdictions, and countries of the Anglo-American conglomerate, however, in fact, at the present time, there is the mutual influence and complementarity. In support of this thesis, the author made analysis of such a legal institution as a simplified procedure (in countries with Anglo-Saxon legal family called plea of guilt), which is in the form of a special order of judicial proceedings was introduced in the Russian criminal process. The Russian version of this procedure differs from Anglo-American, however, at its core, it is based on the legislative regulations of great Britain and the United States. The work is concluded that the main influence in Anglo-Saxon law is in the Russian criminal process is manifested in the extension of adversarial origins.

A decolonial legal method

2021 ◽  
Vol 138 (4) ◽  
pp. 761-798
Author(s):  
Tshepo Bogosi Mosaka
Keyword(s):  
South Africa ◽  
Political Legitimacy ◽  
The Political ◽  
African Countries ◽  
Criminal Process ◽  
Present Epoch ◽  
The Third ◽  
Legal Method ◽  
The Law ◽  
Law Of Evidence

A survey of the burgeoning body of scholarship on decolonising education in South Africa leaves one with the impression that this is an area of scholarship that is yet to mature, particularly due to the rarity with which its scholars engage in self-conscious reflections on their methods. The article addresses this in two ways. The second part of the article theorises generally about an appropriate method of decolonising the discipline of law. The proposed method rests on four conditions: (1) standpoint (with whom is one in conversation in broader debates about decolonial education?); (2) historicity (what particular aspects of a specified branch of law were inherited from colonial Europe and with which other African countries does South Africa have this in common?); (3) evaluative/critical (what is problematic about the identified colonial inheritances for the present epoch?); (4) remedial (what changes are proposed towards the development of the branch of law concerned, and the discipline as a whole?). The third part then proceeds to illustrate how to apply this method towards decolonising evidence scholarship in Africa. Ultimately, it is argued that the political legitimacy of African criminal process remains endangered by the colonial inheritances that currently are embedded in the law of evidence.

Exercise of the Right of Citizens to Participate in the Administration of Justice: Possible Ways of Reforming in the Criminal Process

2021 ◽  
pp. 69-75
Author(s):  
Veronika V. Yaselskaya ◽  
◽  
Alena V. Grishchenko ◽  
Keyword(s):  
Jury Trial ◽  
District Courts ◽  
Criminal Cases ◽  
Criminal Process ◽  
Administration Of Justice ◽  
Long Time ◽  
Constitutional Right ◽  
Soviet Russia ◽  
The One ◽  
The Right

The Constitution of the Russian Federation considers the jury as a form of citizens’ participation in the administration of justice, though it was not widely accepted for a long time. Recreated in the early 1990s, the jury trial suffered from limited powers. Subsequently, the range of criminal cases within its jurisdiction became even more limited. The jury expanded its jurisdiction when introduced to district courts in June 1, 2018. On the one hand, the expanded jurisdiction of the jury improves activities of the court and other participants in the criminal process. On the other hand, the changes did not result in the effective exercise of the right of citizens to participate in the administration of justice, which suggests the necessity of the jury’s further expansion. Since it is difficult not to ensure the participation of the jury in minor and medium gravity cases, the increase in the number of cases brought before a jury should occur at the expense of certain types of grave and especially grave crimes. The expansion of the jury competence on grave and especially grave crimes will not be a final solution to the problem of involving citizens in the administration of justice. In contrast to Soviet Russia, where popular representatives (lay judges) exercised control over the judges in all criminal cases at first instance, today, in most cases, justice is administered by judges alone. The people’s court has advantages over the sole consideration of the case, as it ensures open justice, increases the responsibility of professional participants in the process, and raises the prestige of performing judicial functions. It is possible to return lay judges to district courts for non-grave and medium-grave cases implying custodial punishment. Thus, the effective implementation of the constitutional right of citizens to participate in the administration of justice can be achieved through various forms. Expanding the jury’s competence at the expense of certain types of grave and especially grave crimes, the introduction of lay judges for non-grave and medium-grave crimes implying custodial punishment will promote a broader participation of citizens in the administration of justice.

Digital Transformation of Russian Criminal Proceedings

2020 ◽  
Vol 2 (3) ◽  
pp. 86-99
Author(s):  
E. V. Markovicheva ◽  
Keyword(s):  
Theoretical Basis ◽  
New Technologies ◽  
Digital Technologies ◽  
Criminal Procedure ◽  
Digital Transformation ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Legal Method ◽  
Criminal Procedure Law ◽  
The Impact

Introduction. Currently, in most states, criminal process undergoes a transformation under the influence of digital technology. However, compared to other types of legal proceedings, criminal process is more conservative and less inclined towards the modernization of information. Despite this, problems of digitalization of criminal proceedings are being actively investigated by scientists. In some states, practical use of digital technologies in criminal proceedings has already been attempted, which requires study. Theoretical Basis. Methods. The theoretical basis of the study was Russian and foreign scientific works in the field of criminal procedure law, devoted to the problems of introducing informational technologies into criminal proceedings. Comparative legal analysis revealed the general directions in the digital transformation of the criminal process in modern states. Based on the formal legal method and general scientific methods, the features of the consideration of criminal cases by the courts in the context of the active introduction of new technologies are investigated. Results. The article reveals promising directions for introducing digital technologies into the Russian criminal process. The impact of the COVID-19 pandemic on the activity of courts for the examination of criminal case materials is assessed. Discussion and Conclusion. The digitalization of criminal proceedings ensures their optimization and can transform the mechanisms of protecting and ensuring the rights of participants in the process. Modern technologies can be used during certain stages of criminal proceedings and in the making of procedural decisions both in judicial and in pre-trial stages. However, further scientific research of the issues under consideration, as well as preparation of conceptual suggestions to the legislator with the purpose of changing the norms of the current criminal procedure law are necessary.

Law, Politics, and the Jury

1999 ◽  
Vol 17 (3) ◽  
pp. 603-607
Author(s):  
Mike Macnair
Keyword(s):  
Common Law ◽  
Jury Trial ◽  
Anglo Saxon

I am grateful for the opportunity to clarify some parts of my argument that is afforded by the comments of Charles Donahue and Patrick Wormald. I should say at the outset that I am not seeking to propose a monocausal explanation of the origins of the generalized use of jury trial at common law, whether a “stirps” or a “smoking gun” (Donahue), or to exclude altogether the relevance of Anglo-Saxon practice or strong government (Wormald)—though I am pretty skeptical of the specific Carolingian-Norman lineage proposed by Brunner.

scholarly journals Specific Features of the Formation and Development of Mediation in Foreign Countries with Anglo-Saxon and Romano-Germanic Legal Systems

2020 ◽  
Vol 76 (1) ◽  
pp. 133-138
Author(s):  
S. S. Myrza
Keyword(s):  
Scientific Work ◽  
Developed Countries ◽  
The United States ◽  
International Experience ◽  
Scientific Article ◽  
Legal Systems ◽  
Anglo Saxon ◽  
Legal Method ◽  
Foreign Countries ◽  
Methods And Techniques

In the context of radical changes taking place in the field of jurisprudence, the topic of researching innovative forms of mediation, which has recently become a phenomenon of legal reality, becomes especially relevant. The scientific work is focused on studying the peculiarities of the formation and development of mediation in foreign countries with Anglo-Saxon and Romano-Germanic legal systems, as well as the procedure for training professional mediators in these countries. According to the chosen topic, the purpose of this scientific article is to consider the modern system of training mediators in developed countries with different legal systems, their comparative analysis in the context of common methods and techniques of training mediators in the world practice, with further implementation of international experience of developed countries in Ukraine, as well as perspectives for applying mediation as an independent way of resolving legal disputes in Ukraine. In accordance with the purpose and objectives of the research, the author of the scientific work has used a set of methods and techniques of scientific cognition, both general theoretical, special and scientific. Using the epistemological method of the research, the author has defined the essence of mediation as a separate alternative way of resolving disputes, which was initiated in the 60-70s of the XX century in the United States of America. Using the historical method, the author has studied the stages of development of mediation in foreign countries with Anglo-Saxon and Romano-Germanic legal systems. The comparative and legal method has been used to generalize international experience in the development of mediation and training of mediators in Ukraine, to develop recommendations for the introduction of such experience in the area of alternative dispute resolution along with litigation. The peculiarities of the stages of the formation and further development of the institution of mediation in foreign countries with Anglo-Saxon and Romano-Germanic legal systems have been analyzed. Based on the generalization of leading international practices, the author has conducted a brief overview of the training of mediators in countries with different legal systems. The expediency of introducing international experience of developed countries in the training of mediators in Ukraine has been substantiated. It has been concluded that the legislative consolidation of the institution of mediation in Ukraine by the example of developed countries with Anglo-Saxon and Romano-Germanic legal systems will provide rapid and cost-effective out-of-court settlement of disputes, as well as improve and simplify access to justice. It has been proved that on the basis of the model of mediation development in developed foreign countries, its introduction in Ukraine will allow to bring the provisions of national justice closer to European standards; reduce state budget expenditures, as well as promote the development and enhancement of the legal culture of citizens.

Judicial Management of Juror Impropriety

2014 ◽  
Vol 78 (1) ◽  
pp. 43-64
Author(s):  
Nick Taylor ◽  
Judge Roderick Denyer
Keyword(s):  
Fundamental Problem ◽  
Public Support ◽  
Jury Trial ◽  
Public Confidence ◽  
Practical Issue ◽  
Criminal Process ◽  
Current Form ◽  
Media Attention ◽  
Vital Element ◽  
Law Commission

The debate surrounding the utility of trial by jury is as relevant as ever. Much criticism of the ability of jurors to carry out their task was brought to the fore following the highly publicised Pryce trial and the comments from Sweeney J indicating a fundamental problem in jurors' understanding of their role. Furthermore, media attention surrounding a steady stream of cases involving juror misconduct has called into question whether jury trial can survive in its current form. This article recognises that although juries are not a normative part of a fair trial, they do have considerable value in enhancing public confidence in the fairness of the criminal process, particularly through the perception of impartiality. If public support is lost, then the value of jury might be lost with it. Whilst the Law Commission is rightly considering how jurors might be more prepared in advance to carry out their role effectively, this article considers the current judicial approach to dealing with the practical issue of juror impropriety once it has occurred. Through looking at a series of trial and appeal cases it can be seen that a framework has developed which seeks to ensure that trials are derailed rarely whilst the impartiality of the jury is safeguarded. It is maintained that in emphasising both actual and apparent impartiality the vital element of public confidence in the existing process can be preserved.

Comparative Approaches to Criminal Procedure

2019 ◽  
pp. 66-88
Author(s):  
Eliabetta Grande
Keyword(s):  
Common Law ◽  
Civil Law ◽  
Criminal Procedure ◽  
Plea Bargaining ◽  
Jury Trial ◽  
Public Prosecutor ◽  
Revolutionary Change ◽  
Criminal Process ◽  
The Public ◽  
Adversarial Model

This chapter discusses comparative approaches to criminal procedure, focusing on transplants, translations, and adversarial-model reforms in European criminal process. In particular, it examines the idea of “Americanization/adversarialization” of European criminal procedures—that is, the possible convergence between American common law and European civil law criminal procedure systems toward a common adversary core structure. The chapter also considers the implications of transplanting some American adversarial features into the non-adversary European soil, such as pretrial investigations conducted by the police and the public prosecutor in lieu of the investigating judge typical of the civilian tradition; exclusionary rules; cross-examination; and jury trial. It compares the so-called tango justice with rumba justice and analyzes the “revolutionary change of procedure” with respect to cross-examination of witnesses, jury trial in Spain, and plea bargaining in Europe.

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