Procedural and factual difficulties of establishing the objective truth in a jury trial
Автор: Chistilina Darya O., Vozgrina Elena V.
Журнал: Legal Concept @legal-concept
Рубрика: Процессуальное право: вопросы теории и правоприменения
Статья в выпуске: 3 т.21, 2022 года.
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Introduction: a jury trial is a special form of criminal proceedings that provides increased guarantees of respect for the rights of citizens and fair sentencing. In this regard, the relevance of the study is due to the presence of theoretical and procedural difficulties in establishing the objective truth in a jury trial. The goal is to compare the possibility of establishing the objective truth and the specifics of the proceedings in a jury trial. The objectives of the research are: to study the philosophical aspect of the concept of truth; to consider the legal approach to the concept of “objective truth”; to analyze the features of proceedings in a court of jury; to compare the cognitive abilities of jurors with the possibility ofestablishing the objective truth in a criminal case. Methods: the methodological framework for the research is the method of dialectical scientific cognition, a systematic approach to the problem under consideration, a functional method, a sociological method, a formal logical method, etc. Results: various approaches to the definition of the concept of “objective truth” are considered, the possibilities of its establishment in criminal proceedings are investigated, and the obstacles to the establishment of the objective truth in the course of proceedings in a court of jury are analyzed. Conclusions: the existing model of proceedings in a jury trial does not prevent the establishment of the objective truth. However, the existing issues involving the implementation of evidence in such a court, investigative and judicial errors can lead to negative consequences in the form of an unfair verdict. To level them, it is recommended to prepare citizens for work in a court of jury by conducting trainings, seminars and other introductory events.
Jurors, objective truth, adversariality, trial, evidence, proving
Короткий адрес: https://sciup.org/149141603
IDR: 149141603 | DOI: 10.15688/lc.jvolsu.2022.3.18