On the right of the defendant to be tried by a jury

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The article deals with the issue of the right of the accused to choose the form of legal proceedings. Is it always in the interests of the defendant to have a trial by jury? When the specifics of the accused or the circumstances of the case may cause the jury to be biased. In addition to cases related to terrorism, the consideration of a number of cases involving jurors is not always a good thing for the accused, both because of the specifics of a particular criminal case, and the personality of the accused himself, whose characteristics, accessible to the jury, may cause them to be biased (including appearance, behavior of the accused, and other factors). Because of this complex situation are those defendants who are accused of committing crimes with others, but I understand that due to the nature of the charges, his personality can cause jurors a misconception about the circumstances of the case and object to the consideration of their case by the court with participation of jurors. In addition, determining the actual circumstances of the case is closely related to their legal qualifications and, for example, such an assessment of the act as the organization of the crime and raising questions about it to the jury may cause the jury to misunderstand the essence of the questions posed due to their lack of legal knowledge. The article proposes to provide for mandatory allocation of a criminal case if the defendant objects to the consideration of the case against him by a jury, when there are several accused in the case.

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Jury trial, theory of law, criminal procedure, european court of human rights, constitution

Короткий адрес: https://sciup.org/147231525

IDR: 147231525   |   DOI: 10.14529/law200205

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