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Trial By Jury And The Constitutional Rights Of The Accused In Russia, Stephen C. Thaman
Trial By Jury And The Constitutional Rights Of The Accused In Russia, Stephen C. Thaman
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This article discusses the Russian criminal justice system’s transformation from the unjust Soviet system and the introduction of trial by jury. It specifically addresses the role of supplementary investigations in the new adversary procedure and the newly introduced privilege against self-incrimination. The author concludes that even though reforms have improved the Russian criminal justice system, elements of the Soviet system, such as supplementary investigations, remain, undermining the purpose of the new system.
The Resurrection Of Trial By Jury In Russia, Stephen C. Thaman
The Resurrection Of Trial By Jury In Russia, Stephen C. Thaman
All Faculty Scholarship
This article traces the genesis of the Russian jury law of July 16, 1993, and places it in the context of the criminal justice reform movement that began during the perestroika period. This article analyzes and evaluates the Jury Law on the basis of the first Russian jury trials. The purpose of this article is to isolate certain problem areas and pose questions, which must be answered in the future.
Much of the material for this paper results from the author’s personal observation of eleven of the first fourteen jury trials and parts of four more trials. The author also …