COMMUNICATION BARRIERS IN JURY TRIALS AND ORGANIZATIONAL AND LEGAL WAYS TO OVERCOME THEM
Journal: RUDN Journal of Law (Vol.24, No. 4)Publication Date: 2020-12-16
Authors : Nikita Bushtets;
Page : 1169-1186
Keywords : jury trial; communication barriers; psychology in the jury trial; expanding the use of the jury Institute; public prosecution; defense in the jury trial; organization of the court's activities;
Abstract
The use of the Institute of jurors in Russia has been expanded since June 1, 2018. Today, courts with the participation of jurors consider criminal cases in regional courts and equivalent ones, as well as in district courts. At the same time, legislative innovations also affected the number of citizens who are members of the jury. These changes dictate the need for a scientific understanding of what happened, including the development of proposals aimed at optimizing the work of courts, representatives of the state prosecution and defense with a jury. In this regard, the purpose of the study is to improve the organization of criminal proceedings carried out by a court with the participation of jurors, taking into account the psychological characteristics of the judge, the public Prosecutor, the defense lawyer and the jury. In the course of the work, the author considers the results of psychological and legal research, which in one way or another affects the communicative features of participants in criminal proceedings. The paper makes the following main conclusions: a) to establish in the normative legal acts of the Judicial Department the main requirements for the list of property and technical means that provide comfortable conditions for jurors during the trial; b) to conduct systematic work with the staff of judges and employees of the court interacting with jurors in accordance with the recommendations given in the article; c) provide judges and employees of the court with methodological guidance concerning communication with a jury on work issues.
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