Judicial Communication Forms Influencing Jury Decision-Making

Автор: Ivanov V.V., Kuzovenkova Yu.A.

Журнал: Правовое государство: теория и практика @pravgos

Рубрика: Уголовно-правовые науки

Статья в выпуске: 4 (82), 2025 года.

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The role of the jury is to reach a verdict of guilt or innocence of the defendant based on their inner beliefs, formed as a result of evaluating the evidence considered in court, from the standpoint of their own practical wisdom, common sense, in accordance with their intellectual capacity. This institution is less prone to conviction tendencies compared to the traditional form of justice administration, which is confirmed by official statistical data. These data show that the proportion of acquittals in recent years has consistently ranged from 30 % to 35 %, consequently, defendants often request to have their criminal cases heard by a jury. At the same time, the jury’s decision is influenced by a multitude of factors, including not only the evidence presented in the case but also the oratorical skills of the defense and prosecution, their demeanor, persuasiveness, and so on. Participants in a trial use verbal, non-verbal and written communication to present evidence and shape the jurors’ opinion. However, the jurors’ lack of special legal training and professional experience makes them potentially vulnerable. Purpose: To show, through specific examples of law enforcement practice, the influence of verbal and non-verbal communication on jury decision-making. Methods: verbal and non-verbal forms of judicial communication are analyzed on the basis of specialized literature; positive and negative examples of communication and their influence on the final decision on the case are empirically established; the results obtained are synthesized into intermediate and final conclusions. Results: The article concludes that mastering and strategically applying verbal and non-verbal communication, while respecting ethical and legal boundaries, makes a party more convincing and boosts their prospects for a favorable case resolution.

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Jury trial, jurors, judicial communication, verbal communication, nonverbal communication, statements by the parties, limitations and prohibitions in jury trial, presentation of evidence to the jury

Короткий адрес: https://sciup.org/142246766

IDR: 142246766   |   УДК: 343.1   |   DOI: 10.33184/pravgos-2025.4.12