The Conscience of the Jury as a Basis for Delivering a Fair Verdict in Accordance with the Judicial Reform of 1864 in Russia (Historico-Juridical Research)

Author Name(s): Dmitriy Yu. Tumanov, RinatR. Sakhapov
Author Email: dmitriy-tumanov@mail.ru

Abstract

This article proves that the basis of a fair verdict in a jury trial is the jury’s conscience. The jury trial is the best guarantee of the rights and freedoms of a person suspect or accused, the best form of judicial process and trial. This court is the best guarantee of equality and justice.

The work is based on such methods as historical, systemic, formally logical, concrete-historical, comparative legal analysis method.­

History knows many forms of popular participation in court. We believe that the jury trial is the most progressive and democratic form able to ensure a proper implementation and, in general, performance of all principles of judicial organization and judicial proceedings.

Our society is morally obliged to protect its institution, and, in particular, the jury trial, and the government of any state that has the great honor of introducing this institution should firmly adhere to the once adopted intention to instill an institution that has shown its great virtues for centuries in society.

We come to the conclusion that the jury is one of the central criminal justice institutions, having many centuries of practical experience. A whole range of legal principles, such as the presumption of innocence, adversariality, independence of judges, publicity, equality, justice, etc., are most fully reflected in the jury trial. And the most complete implementation of these principles is possible only within the framework of this democratic institution.­­

Introduction

According to many researchers, a jury trial is the best form of the court that can be specified in the history of all civilizations. The significance of this institution is enormous. Our modern society is hardly even able to understand the tremendous step to the progress it has made since it has begun to actively participate in the administration of criminal justice. It is also hardly able to understand how carefully it is necessary to cherish this precious institution, the full and normal development of which is seen by our generations. It was also quite clear to us that the period of true social activity began in the world practice since the jury bench was set up in it.

Undoubtedly, the democratic transformations in this field are possible only if there are the necessary principles on which the court and the process are based. They include competition, transparency, independence of judicial power from the legislative and executive ones, as well as the irremovability of judges, equality of parties, etc. But under all other conditions, the main thing in making a verdict by the jurors is their conscience.

Due to the study of the history of formation and development of the jury trial, due to the study of the basic principles of criminal justice, the history of formation of these principles, we can offer the world science and the science of criminal justice to improve the implementation of basic principles, namely, transparency, equality, justice, competition and many other criteria in the jury trial activity. Many aspects of the organization and activities of the modern jury trial in all countries of the world can be improved on the basis of using the historical experience of establishment of this institution in these countries.­­ For example, the practice of organization and activities of the jury trial in the past enables to identify and classify the shortcomings of a modern jury trial, as well as a number of factors affecting the nature of the jury judgment, which provides great opportunities for further improvement of the modern legislation on jury trial.­­­­ We hope that the study of foreign and domestic experience in the formation, organization and activities of the jury trial, the identification of merits and demerits, will be our contribution to the world science and the world jurisprudence.

Conclusions

As a result of the Judicial Reform of 1864, a fast, right, merciful and just court was established, as opposed to the social and political order of Russia of that time, the central part of which was the Jury Trial – a truly popular and objective court in every sense, where each principle in the legislation could find its real expression.

Acknowledgements

The work is performed according to the Russian Government Program of Competitive Growth of Kazan Federal University

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