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.

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.

THE USE OF DIGITAL TECHNOLOGY IN THE INTERROGATION OF WITNESSES IN THE PRE-TRIAL STAGES OF CRIMINAL PROCEEDINGS (COMPARATIVE LEGAL ANALYSIS OF THE RUSSIAN FEDERATION LEGISLATION AND LAWS OF SOME FOREIGN COUNTRIES)

2019 ◽  
pp. 125-136
Author(s):  
E. K. Antonovich
Keyword(s):  
Russian Federation ◽  
Digital Technology ◽  
Point Of View ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Witness Testimony ◽  
Foreign Countries ◽  
Legitimate Interests ◽  
The Russian Federation

The testimony of witnesses represents the type of evidence, without which practically no criminal case can do. It is the significance of this type of evidence that determines the legislative requirements for the regulation of preparation and the procedure for the interrogation of a witness, as well as for the recording of evidence. This is of particular importance both from the standpoint of ensuring the admissibility and reliability of evidence, as well as from the point of view of ensuring the rights and legitimate interests of persons involved in criminal proceedings. The national legislation of modern states creates its own standards for the use of witness testimony in proving criminal cases. With all the variety of approaches, the importance of information technology in the collection, testing and evaluation of witness testimony can be viewed in the following main areas: as a means of fixing an investigative action, as a way of establishing the actual circumstances relevant to the case, as a means of ensuring the production of an investigative action, and as a means of transmitting information. Based on the analysis of the criminal procedure legislation of the Russian Federation and some foreign countries, the paper examines the problems of legislative regulation of the use of digital technologies during the interrogation of witnesses, including remote interrogation and deposition of witness testimony. Special attention is given to distant interrogation at the request of foreign countries.

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 Peculiarities of civil claim and calculation of compensation for emotional harm in cases involving medical aid

2020 ◽  
pp. 52-62
Author(s):  
Kristina Vital'evna Garipova
Keyword(s):  
Russian Federation ◽  
Medical Personnel ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Medical Aid ◽  
Foreign Countries ◽  
The Subject ◽  
The Russian Federation ◽  
Emotional Harm

This article is dedicated to the specificity of filing a civil claim and calculation of compensation for emotional harm in criminal proceedings regarding the improper performance of medical personnel, for illustrating the amounts awarded by the courts of the Russian Federation and analyzing the compensation calculation procedure. The author carries out historical-legal and comparative-legal analysis of the institution of compensation for harm to the aggrieved party in Russia and foreign countries. The goal of this study consists in development of the concept of compensation for harm caused by improper performance of medical personnel that would require the current public needs. The article employs the universal dialectical, logical, formal legal, comparative-legal, and hermeneutic methods. The subject of this research is the norms of the criminal procedural and civil legislation that regulate the questions of compensation for harm in cases involving medical aid. Description is given to the methods of calculation of compensation offered by various representatives of legal science throughout the entire national history. The article is one of the first attempt to analyze compensation for harm within the framework of criminal cases involving medical aid. The conclusion is made that the courts of the Russian Federation award measly compensations.

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 The Use of Wiretapping Results in Establishment of Evidence in Conditions of Developing Information Technologies (Comparative Legal Analysis of the Russian Federation Legislation and Some Foreign Countries Legislation)

Lex Russica ◽  
2019 ◽  
pp. 160-171
Author(s):  
E. K. Antonovich
Keyword(s):  
Information Technology ◽  
Information Technologies ◽  
Practical Significance ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Legal Literature ◽  
Foreign Countries ◽  
Legitimate Interests ◽  
The Individual

 The paper covers the current problems of applying the wiretapping results in the process of establishment of evidence in criminal cases, taking into account the modern requirements for information technology.In recent years, there have been some studies on the use of information technology in establishment of evidence. However, most of them deal with the problems of the use of electronic media and «electronic evidence» in criminal proceedings. The order of the analyzed event, as well as other operational investigative measures, is regulated not by the criminal procedural legislation, but by the legislation on investigative activities. In this connection, in the legal literature, discussions regarding the procedure of introduction of the wiretapping results in criminal proceedings are not dying out. The study of different opinions is not only of interest for the development of scientific thought, but also has practical significance, since it determines the admissibility of evidence and creates the necessary guarantees to ensure the rights and legitimate interests of the individual in criminal proceedings. All this does not lose the relevance in the era of digitalization.In order to search for resources to improve the efficiency of establishment of evidence, the paper provides an analysis of the positive experience of legislative regulation in some foreign countries both as ways to use information technology in the process of wiretapping, and the use of the wiretapping results in establishment of evidence. Special attention is given to the rights and legitimate interests of the person involved in the orbit of criminal proceedings.

Theft and Fraud Committed Using Electronic Payment Systems (Regional Judicial and Investigative Practice)

2020 ◽  
Vol 2 ◽  
pp. 66-79
Author(s):  
S. L. Morozov ◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Legal Analysis ◽  
Payment Systems ◽  
Criminal Cases ◽  
Electronic Payments ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation

The advent of the electronic currency and the effecting of electronic payments has caused new forms of thefts and types of acquisitive crimes. The judicial investigative practice of criminal cases of embezzlement committed using bank cards and other types of electronic payments has encountered problems with the qualification of such acts. The author identifies the most common enforcement problemsand their causesby a retrospective study of judicial practice, the changing norms of the criminal law. At the same time, a ten-year period of work of the judicial investigating authorities was studied. On the basis of traditional general scientific methods of cognition, as a result of a system-legal analysis of the considered set of specific situations, the author gives an author's view of the complex of causes that cause a lack of uniformity in judicial investigative practice. Using the hermeneutic approach, the author paid special attention to the application by the courts of the interpretation of the criminal law by the Plenum of the Supreme Court of the Russian Federation in different years. In conclusion, ways of resolving contentious issues of qualification of thefts and fraud in the field of electronic means of payment are proposed. It has been ascertained that high-quality and uniform law enforcement can provide additional clarification on the delimitation of related and competing theft from the Plenum of the Supreme Court of the Russian Federation. It is concluded that in general, the current concept of the Plenum of the Supreme Court of the Russian Federation does not contain contradictions with the novels of the criminal law, but can be improved. The rationale and edition of possible additions to the relevant decision of the Plenum of the Supreme Court of the Russian Federation are given.

Administrative and legal mechanisms for combating corruption

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Nataliia A. Lytvyn ◽  
Olena V. Artemenko ◽  
Svitlana S. Kovalova ◽  
Maryna P. Kobets ◽  
Elena V. Kashtan (Grygorieva)
Keyword(s):  
Design Methodology ◽  
International Experience ◽  
Legal Regulations ◽  
Positive Experience ◽  
Legal Analysis ◽  
Content Type ◽  
Current State ◽  
Foreign Countries ◽  
Analysis And Synthesis ◽  
Practical Implications

Purpose The purpose of this paper is to study the administrative and legal mechanisms of combating corruption, namely, to determine the means by which it is possible to develop a positive experience in the fight against corruption. Design/methodology/approach Among the methods used to study the problems of the stated subject, the dialectical, comparative-legal, systems, historical and legal, formal and legal, analysis and synthesis can be distinguished. Findings The authors investigated the experience of foreign countries in combating corruption and suggested implementing international experience in national legislation for the successful fight against corruption. In the course of the study, the current state of legal regulations governing anti-corruption activities was characterised, corruption and the main reasons for committing corruption acts were investigated, the problems that arise in the fight against corruption were identified, the main administrative and legal mechanisms for combating corruption were established and the effectiveness of applying these mechanisms in practice was studied. Practical implications The provisions that are enshrined in this paper are of practical value for individuals whose activities are aimed at fighting corruption, as Ukraine is one of the states where corruption flourishes and where the fight against corruption has not been directly implemented in practice for many years. Originality/value Based on the example of international experience in the fight against corruption, proposals and recommendations for improving administrative and legal mechanisms for combating corruption have been developed.

On the Consideration of a Criminal Case Against a Minor by Jury

2021 ◽  
Vol 2 ◽  
pp. 90-96
Author(s):  
E. V. Markovicheva ◽  
Keyword(s):  
Criminal Case ◽  
Jury Trial ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Scientific Discussion ◽  
Judicial Practice ◽  
Criminal Procedure Law ◽  
The Right ◽  
A Minor

The functioning of the jury in Russia has demonstrated not only effectiveness, but also a number of problems that need to be resolved. Such problems include the personal jurisdiction of criminal cases by jury. The article reveals the legal positions of the Constitutional Court of the Russian Federation regarding the right of minors to trial a criminal case in a jury. The approaches to solving this issue that have developed in the judicial practice of individual foreign states are analyzed, the main directions for further scientific discussion regarding the right of minors to a jury trial are outlined. The purpose of the article is to disclose various approaches to the administration of criminal justice in the relations of minors with the participation of lay judges. The theoretical basis of the study was Russian and foreign scientific works in the field of criminal procedure law, devoted both to the consideration of criminal cases with the jury, and the specifics of juvenile criminal proceedings. Using the comparative legal research method has allowed to reveal various approaches to the access of minors to jury trials in individual states. In Russian legislation and judicial practice the question of the right of minors to have a criminal case against them considered by a jury remains unresolved. The position of the Constitutional Court of Russia regarding the jurisdiction of such criminal cases is also controversial. The experience of foreign countries indicates that there is no universal way to ensure the right of a minor to a proper court. This issue is decided depending on the type of criminal process, the presence or absence of specialized juvenile courts. Any direct borrowing in this regard cannot be considered effective, but a generalization of foreign experience can create the necessary basis for optimizing both the work of the jury and criminal proceedings against minors.

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