The Lost Meaning of the Jury Trial Right

Appleman, Laura I

doi:10.2139/ssrn.1084960

Cited by 2 publications

(1 citation statement)

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“…On the question asked by us to respondents: Whether "The legislator of restriction of a constitutional right of the defendant for consideration of the case by the court with participation of jurors the Law of 30.12.08 N 321-FZ allowed, having eliminated affairs which can be considered by jury, criminal cases about crimes of terrorist character?" 71, 43% of prosecutors, 80,34% of investigators and 76,99% of judges do not see in this Law of restriction of the constitutional right (Appleman, 2009).…”

Section: Resultsmentioning

confidence: 96%

Criminal Prosecution of Terrorist Crimes in Jury Trial: Legality and Appropriateness

Gataullin

Epihin

Zaitsev

et al. 2019

HSSR

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Purpose: Scientific views of processualists concerning Institute of jurors are given in the article. Some experts defend activity of jury, others - categorically against such form of legal proceedings. Methodology: The methodological basis of this research is made by a dialectic method. Special methods of knowledge were used: logic-legal; comparative, historical, sociological, system and structural, statistical, method of the analysis and synthesis, legal modeling. Result: On the basis of the analysis of statistical data and materials of jurisprudence the author's position of rather a criminal prosecution in court with the participation of jurors on criminal cases of terrorist orientation, in the conditions of absence at defendants of the right to petition on such court is stated. The need for differentiation of legality and expediency of restriction, constitutional rights of defendants on the jury is proved. The concrete measures directed to an increase in efficiency of criminal prosecution in the conditions of the constitutional state are proposed. Results of a poll of practical workers are given: investigators, prosecutors, and judges who spoke in favor of the made offers directed to an increase in efficiency of criminal legal proceedings. Applications: This research can be used for the universities, teachers, and students. Novelty/Originality: In this research, the model of Criminal Prosecution of Terrorist Crimes in Jury Trial: Legality and Appropriateness is presented in a comprehensive and complete manner.

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Section: Resultsmentioning

confidence: 96%