Chistilina D.O. Parting Words of the Chairman of a Jury Trial: Legal and Moral Implications

DOI: https://doi.org/10.15688/lc.jvolsu.2018.3.17

Darya O. Chistilina, Postgraduate Student, Department of Criminal Procedure and Criminalistics, South-West State University, 50 let Oktyabrya St., 94, 305040 Kursk, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it.

Introduction: a jury trial is a special form of criminal proceedings. It has a unique structure, as well as some procedural features in the course of judicial investigation. At the same time, it is indisputable that the chairman has organizational powers and is the link between the jurors and the rest of the participants in the process. In this regard, we should not underestimate his/her influence on the board. The chairman’s parting words is an effective mechanism that forms the inner conviction of the jurors. The main purpose is to study the order of pronouncing and the internal structure of the chairman’s parting words, as well as to study its moral implications. Methods: the research methodology includes both the general scientific methods and the specific legal research methods. Results: a number of issues related to the chairman’s parting words remain unresolved in the scientific literature and in the law enforcement activities. Despite the fact that the law lists its main substantive parts, but in practice the structure of parting words is not uniform. In addition, the chairmen often include in the text such substantive elements that are subsequently challenged by the parties and are a substantial cause of appeal against sentences handed down by a jury. It should be noted that in some foreign countries the text of the parting words is standardized, which excludes some procedural disputes on this matter. In addition, at the stage of pronouncing the words of encouragement by the chairman there appear some questions that need to be specified in the law. The article contains the proposals to improve the current legislation in this area, as well as the recommendations of a moral nature for judges. Conclusions: thus, the chairman’s parting words can have a significant impact on the decision taken by the jury, so it is necessary to develop at the legislative level uniform detailed requirements for its content, as well as the behavior of the chairman during his/her speech.

Key words: jury court, parting words, verdict, competition, chairman.

Citation. Chistilina D.O. Parting Words of the Chairman of a Jury Trial: Legal and Moral Implications. Legal Concept, 2018, vol. 17, no. 3, pp. 121-125. DOI: https://doi.org/10.15688/lc.jvolsu.2018.3.17

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