FAIRNESS AND EFFECTIVENESS OF JURY TRIALS

The article touches upon the problem of the influence of the consideration of criminal cases by jurors on the fairness of sentences in such cases, including in terms of finding the defendants deserving of leniency. The author presents the thesis that jurors lack the experience, knowledge and skills necessary to deliver balanced and fair verdicts. It is pointed out that the jury’s assessment of the evidence presented is not from the standpoint of an impartial analysis, but from the point of view of emotional, sensory perception, which, among other things, does not allow making fair, objective decisions. The article highlights the continuing multiple organizational difficulties, including the excessive workload of the district-level court staff, which prevent both the consideration of the case within a reasonable time and the adoption of a legitimate final decision. In support of the stated position, statistical information is provided on a significant number of overturned sentences issued by the specified composition of the court, in comparison with the cases considered by professional judges. The article draws a conclusion about the inadmissibility of the administration of justice by citizens, although carefully selected, but without special competences, and draws a parallel with other socially significant fields of activity in which people without specialized training are not allowed to work. – medicine, transport management, energy and others. The author formulates the conclusion of the ineffectiveness of the jury trial, the unfairness of the majority of court decisions rendered by them, the unjustified establishment by the jury not only of the actual circumstances of the case, but also the resolution of legal issues directly affecting the possible punishment. A proposal has been made to exclude provisions on the consideration of criminal cases with the participation of jurors from the Code of Criminal Procedure of the Russian Federation.

justice, jury, jury trial, judges of fact, leniency, problems of jury trial, unprofessional judges, effectiveness of jury trial, evaluation of evidence by jury, reasonableness of jury decision

Vasilev Yu. A. Fairness and effectiveness of jury trials. Biznes. Obrazovanie. Pravo = Business. Education. Law. 2024;3(68):202—207. DOI: 10.25683/VOLBI.2024.68.1032.