Chistilina D.O., Vozgrina E.V. Procedural and Factual Difficulties of Establishing the Objective Truth in a Jury Trial
DOI: https://doi.org/10.15688/lc.jvolsu.2022.3.18
Darya O. Chistilina, Candidate of Sciences (Jurisprudence), Associate Professor, Department of Criminal Procedure and Criminalistics, Southwest 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. , https://orcid.org/0000-0002-0115-8876
Elena V. Vozgrina, Student, Faculty of Law, Southwest 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. , https://orcid.org/0000-0002-1374-5525
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 of establishing 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.
Key words: jurors, objective truth, adversariality, trial, evidence, proving.
Citation. Chistilina D.O., Vozgrina E.V. Procedural and Factual Difficulties of Establishing the Objective Truth in a Jury Trial. Legal Concept = Pravovaya paradigma, 2022, vol. 21, no. 3, pp. 128-135. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2022.3.18
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