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Journal articles on the topic 'Trial jury'

Author: Grafiati

Published: 28 May 2022

Last updated: 31 July 2025

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1

Dudko, Nina. "Gradual Introduction of a Jury Trial or Jury Trial-Legal Experiment: Correlation of Terms and Concepts." Legal Linguistics, no. 32 (43) (July 1, 2024): 50–54. https://doi.org/10.14258/leglin(2024)3209.

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The article considers the correlation of concepts and terms in relation to the establishment of jury in the Russian Federation. The jury trial has been gradually spreading across the territory of the Russian Federation. Since November 1, 1993, the jury has gradually penetrated certain constituent entities of the Russian Federation. In this regard, two methods of applying a jury trial are distinguished in scientific research. First, the use of a jury trial through its gradual introduction. Second, the use of a jury trial through a legal experiment. The author concludes that the jury trial in th

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2

Robertson, Christopher, and Michael Elias Shammas. "The Jury Trial Reinvented." Texas A&M Law Review 9, no. 1 (2021): 109–64. http://dx.doi.org/10.37419/lr.v9.i1.3.

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The Framers of the Sixth and Seventh Amendments to the United States Constitution recognized that jury trials were essential for maintaining democratic legitimacy and avoiding epistemic crises. As an institution, the jury trial is purpose-built to engage citizens in the process of deliberative, participatory democracy with ground rules. The jury trial provides a carefully constructed setting aimed at sorting truth from falsehood. Despite its value, the jury trial has been under assault for decades. Concededly, jury trials can sometimes be inefficient, unreliable, unpredictable, and impractical

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3

Shchegurov, Sergey Yurievich. "Jury trial - formation of the jury." Judge Russian Edition, no. 12 (2021): 28–33. http://dx.doi.org/10.52433/18178170_2021_12_28.

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4

Yellin, Victor Fell, W. S. Gilbert, Arthur Sullivan, and Steven Ledbetter. "Trial by Jury." Notes 55, no. 3 (1999): 734. http://dx.doi.org/10.2307/900453.

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5

Tahta, Dick. "Trial by Jury." Mathematical Gazette 75, no. 473 (1991): 306. http://dx.doi.org/10.2307/3619490.

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6

Davis, Fergal F. "Trial by Jury." Alternative Law Journal 32, no. 2 (2007): 86–90. http://dx.doi.org/10.1177/1037969x0703200205.

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7

Taylor, Greg. "Jury Trial in Austria." New Criminal Law Review 14, no. 2 (2011): 281–325. http://dx.doi.org/10.1525/nclr.2011.14.2.281.

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Austria has had a system of jury trial, with some interruptions, since 1848. Although Austrian jury trial was derived from England via France, little is known about it in the common law world. This article commences with an overview of the history of jury trial in Austria and of the constitutional protection it currently enjoys. Then the major differences between Austrian jury trial and the common law's model of jury trial are analyzed, and the system of appeals is described. It will be seen that much of trial practice and the appeals system is either an attempt to adapt a transplanted institu

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8

Kim, Jong Goo. "The Meaning and Evolution of Criminal Jury Trials in the U.S. Constitution : In Relation to the Citizen Participation Trial in South Korea." National Public Law Review 21, no. 1 (2025): 177–204. https://doi.org/10.46751/nplak.2025.21.1.177.

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The Sixth Amendment to the United States Constitution guarantees all criminal defendants the right to a jury trial. According to the text of the Sixth Amendment, all criminal cases must be adjudicated through a jury trial. When the framers of the U.S. Constitution drafted the Sixth Amendment, they envisioned jury trials as a simplified procedure, believing it was feasible to conduct all criminal cases through jury trials. However, as evidentiary rules were refined and the adversarial criminal procedure system was established, jury trials became proceedings that require significant material and

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9

Munday, Roderick. "Jury trial, continental style." Legal Studies 13, no. 2 (1993): 204–24. http://dx.doi.org/10.1111/j.1748-121x.1993.tb00481.x.

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Strange events are occurring in the world of the jury. At a time when English confidence in the institution is on the ebb, a phenomenon evidenced both in the titles of recent jury studies - The Jury Under Attack and Taking Liberties- and in a steady stream of skeptical commentaries, it is reported that in Japan the Bar Federation is set to call for the restoration of jury trial, first introduced by a law of 1926 but suspended after an experimental period in 1942. Spain has a new Constitution that imposes a duty on the legislature to institute jury trial, an undertaking currently under examinat

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10

Lees, Kennedy R. "Stroke: Trial by Jury." European Neurology 49, no. 2 (2003): 106–8. http://dx.doi.org/10.1159/000068509.

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11

Simon, Rita J. "The Jury on Trial." Law & Society Review 21, no. 5 (1988): 789–91. http://dx.doi.org/10.1017/s0023921600028061.

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12

Насонов, Сергей, and Syergyey Nasonov. "THE EUROPEAN PROCEDURAL MODELS IN JURY TRIALS: JURY TRIAL IN BELGIUM (COMPARATIVE LEGAL RESEARCH)." Journal of Foreign Legislation and Comparative Law 2, no. 4 (2016): 0. http://dx.doi.org/10.12737/21259.

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The article is devoted to the peculiarities of the procedural rules in the jury administered in Belgium in compliance with the Rules adopted in 1878 (with amendments of 2016) as a type of a European model procedure. These features are considered in the comparative legal aspect, in comparison with the same procedure that of the Russian CCP. The article notes that the requirements for candidates for jurors, enshrined in the Code of Criminal Procedure of Belgium, in general, are similar to the Russian requirements. The procedure of drawing up lists of candidates for jury service in Belgium has si

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13

Herda, Alan N. "Willful Patent Infringement and the Right to a Jury Trial." Texas Wesleyan Law Review 9, no. 2 (2003): 181–220. http://dx.doi.org/10.37419/twlr.v9.i2.2.

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Part II of this Comment provides a brief background of jury trials in patent infringement suits. Part III explains why the right to a jury trial on willfulness is important. Part IV shows why the right exists by examining the results of the Seventh Amendment "historical test." Part V discusses the Federal Circuit's implicit recognition of the right to a jury trial on willfulness. Accordingly, Part VI shows why the right to a jury trial on the amount of increased damages does not exist.13 Part VII presents recommendations in light of the existence and nonexistence of these rights, respectively.

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14

Hans, Valerie, Paula Hannaford, and G. Munslerman. "The Arizona Jury Reform Permitting Civil Jury Trial Discussions: The Views of Trial Participants, Judges, and Jurors." University of Michigan Journal of Law Reform, no. 32.2 (2025): 349. https://doi.org/10.36646/mjlr.32.2.arizona.

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In 1995, the Arizona Supreme Court reformed the jury trial process by allowing civil jurors to discuss the evidence presented during trial prior to their formal deliberations. This Article examines and evaluates the theoretical, legal, and policy issues raised by this reform and presents the early results of afield experiment that tested the impact of trial discussions. Jurors, judges, attorneys, and litigants in civil jury trials in Arizona were questioned regarding their observations, experiences, and reactions during trial as well as what they perceived to be the benefits and drawback of ju

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15

Parillo, Jessica. "Breaking the Black Box: When Jury Experimentation Becomes Jury Misconduct." Boston College Law Review 65, no. 8 (2024): 2863–96. http://dx.doi.org/10.70167/epgq2999.

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For centuries, juries in criminal trials have retreated to the privacy of their “black box” to deliberate and decide a defendant’s guilt or innocence. The secrecy of the deliberation process is a hallmark of a democratic system that tasks the public with holding their neighbors accountable to community standards. What happens, however, when this curtain of confidentiality shields troubling impropriety? Jury experimentation with evidence is one circumstance that may justify a look inside the black box. Although jurors are encouraged during deliberations to examine trial evidence, experiments in

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16

Ross, Lewis. "Jury Reform and Live Deliberation Research." Amicus Curiae 5, no. 1 (2023): 64–70. http://dx.doi.org/10.14296/ac.v5i1.5661.

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Researchers face perennial difficulties in studying live jury deliberation. As a result, the academic community struggles to reach a consensus on key matters of legal reform concerning jury trials. The hurdles faced by empirical jury researchers are often legal or institutional. This note argues that the legal and institutional barriers preventing live deliberation research should be removed and discusses two forms that live deliberation research could take. Keywords: jury research; jury trial; criminal procedure; live deliberation research; rape myths.

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17

Kinkeade, Ed. "Introduction to "Point-Counterpoint: Two Judges' Perspetives on Trial By Jury"." Texas Wesleyan Law Review 12, no. 2 (2006): 497–99. http://dx.doi.org/10.37419/twlr.v12.i2.1.

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Does justice suffer in a federal judicial system where trials are as scarce as buggy whips? Judge Patrick Higginbotham of the Fifth Circuit Court of Appeals views the disappearance of the jury trial as a crisis. U.S. District Judge Terry Means, on the other hand, views the jury trial as a natural.

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18

Майшекина, Э. С., and А. Д. Толысбаева. "Jury trial in Kazakhstan and world experience." Вестник КазГЮИУ, no. 3(54) (October 10, 2022): 78–84. http://dx.doi.org/10.48501/5656.2022.17.54.001.

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В статье приводится краткая история становления суда присяжных, дается описание различных типов судов присяжных. Актуальность темы определяется местом судебной системы в уравновешивании трех ветвей власти, а также в восприятии гражданским обществом суда присяжных как проявление его открытости и демократичности. Целю исследования является анализ эффективности сложившейся в Казахстане системы суда присяжных в делах защиты прав и свобод населения. Научная значимость статьи состоит в критическом анализе казахстанской модели суда присяжных, десятилетнего опыта его становления, а также поиске решени

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19

Chappelear, Stephen. "Jury Trials in the Heartland." University of Michigan Journal of Law Reform, no. 32.2 (2025): 241. https://doi.org/10.36646/mjlr.32.2.jury.chappelear.

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In this Article, Stephen Chappelear draws on his study of civil jury trials in the Franklin County Court of Common Pleas in Columbus, Ohio. He concludes that trial by jury results in justice. Despite the popular belief that juries are modern day Robin Hoods, empirical data suggests that their verdicts are lower than commonly believed.

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20

Metzloff, Thomas B. "Reconfiguring the Summary Jury Trial." Duke Law Journal 41, no. 4 (1992): 806. http://dx.doi.org/10.2307/1372798.

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21

Kim, Jong-Goo. "Jury Trial and Hearsay RuleA." Legal Theory & Practice Review 6, no. 1 (2018): 117–38. http://dx.doi.org/10.30833/ltpr.2018.02.6.1.117.

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22

Okhlopkova, A. S. "Jury trial in criminal proceedings." Право и государство: теория и практика, no. 11 (2021): 242–43. http://dx.doi.org/10.47643/1815-1337_2021_11_242.

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23

Lees, Kennedy R., and Jean-Marc Orgogozo. "Acute Stroke: Trial by Jury." European Neurology 49, no. 2 (2003): 120–24. http://dx.doi.org/10.1159/000068512.

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24

DEVLIN, LORD. "TRIAL BY JURY FOR FRAUD." Oxford Journal of Legal Studies 6, no. 3 (1986): 311–21. http://dx.doi.org/10.1093/ojls/6.3.311.

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25

Williams, Ian. "Thomas More's Trial by Jury." Journal of Legal History 33, no. 1 (2012): 123–26. http://dx.doi.org/10.1080/01440365.2012.661146.

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26

Parker, Graham. "Trial by jury in Canada." Journal of Legal History 8, no. 2 (1987): 178–89. http://dx.doi.org/10.1080/01440368708530897.

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27

Khodzhaeva, Ekaterina A. "Legal Scholars’ Attitudes to Jury Trial: Differences in Professional Experience." Zakon 20, no. 11 (2023): 157–63. http://dx.doi.org/10.37239/0869-4400-2023-20-11-157-163.

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The paper presents the differences in the legal scholars’ attitudes on the acceptability of jury trial in Russian legal system. Based on qualitative observations in district courts and expert conversations with law enforcement officers and judges, a sceptical attitude towards jury trials is revealed. This scepticism was tested in a questionnaire survey of legal scholars in 2022 (3,766 Russian authors registered in the Russian Science Citation Index were included). Statistically significant differences were found in the opinions on jury trial among those legal scholars who have experience in la

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28

Perova, Yu S. "LEGAL REGULATION OF THE ACTIVITIES OF JURORS IN PRE-REVOLUTIONARY RUSSIA." Izvestiya of Samara Scientific Center of the Russian Academy of Sciences. History Sciences 5, no. 4 (2023): 27–36. http://dx.doi.org/10.37313/2658-4816-2023-5-4-27-36.

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The article is devoted to the features of the legal regulation of the jury court in pre-revolutionary Russia on the basis of the Judicial Statutes of 1864 and the laws adopted as a result of the "judicial counter-reform".The author highlights factors that reduced the effectiveness of the jury trial that functioned before the "judicial counter-reform". She proposes to consider the "judicial counter-reform" as an adaptation of the institution of jury trial to Russian realities. She proposes to consider “judicial counter-reform” as an adaptation of the institution of jury trials to Russian realit

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29

Kovalev, Nikolai, and Alexander Smirnov. "The Nature of the Russian Trial by Jury." European Journal of Crime, Criminal Law and Criminal Justice 22, no. 2 (2014): 115–33. http://dx.doi.org/10.1163/15718174-22022043.

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This paper explores the legal and political role of the jury system in contemporary Russia. It aims to examine whether trial by jury is an essential right of Russian citizens (jurata patriae) or, rather, a prerogative of the state (raison d’état). The main focus of the paper is the analysis of the Russian Constitution and the jurisprudence of the Constitutional Court of the Russian Federation. In particular, the authors consider a recent majority decision of the Constitutional Court, which uphold the constitutionality of the law that abolished jury trials for terrorist, espionage and other cri

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30

Loginov, Evgeny A. "Jury Trial in Russia: Problems and Prospects." Rossijskoe pravosudie, no. 7 (June 28, 2024): 97–104. http://dx.doi.org/10.37399/issn2072-909x.2024.7.97-104.

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. The subject of this article is the problems of the nature, essence and purpose of the institute of jury trial. The institute of jury trial is based on the implementation of the main purpose – the implementation of justice. The institution of jury trial establishes such a format in ensuring fair justice, which causes public confidence in the modern judicial system. The improvement of the institution of jury trial within the framework of the ongoing legal reform, of course, involves the resolution of problems that contribute to the improvement of justice in order to increase its effectiveness.

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31

Rekhovskiy, Aleksandr. "Trends in Jury Trial Development in South Korea." Russian Journal of Criminology 16, no. 6 (2022): 746–53. http://dx.doi.org/10.17150/2500-4255.2022.16(6).746-753.

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This article presents a continuation of the author's study of jury trial in the Republic of Korea. The article evaluates the effectiveness of Korea's jury trial system as reflected in recent empirical studies, and identifies some innovative practices that have emerged because of the (experimental) introduction of this institution into the Korean legal system in 2008. In addition, some common problems of jury trials in international practice are examined, and different approaches to their solution are explored. Such problems include the elimination of biases, judicial review and intervention fo

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32

Hreno, Travis. "Necessity and Jury Nullification." Canadian Journal of Law & Jurisprudence 20, no. 2 (2007): 351–78. http://dx.doi.org/10.1017/s0841820900004240.

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Jury nullification refers to the behaviour of a jury that votes to acquit a defendant of criminal charges despite believing that: a) the defendant did in fact commit the actions with which she is charged; and, b) such actions are, indeed, prohibited by law. While there are many objections to this practice, the most striking thing about jury nullification is that nothing is done to actually prevent or punish jurors who behave this way. In this paper, I explore three rationales for why jury nullification is an officially tolerated, if not necessarily welcome, element of Anglo-American criminal l

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33

Perles Novas, Fabiola, and Luis Gómez Jacinto. "El jurado popular: estudio descriptivo/exploratorio de un juicio real y decisión no vinculante." Apuntes de Psicología, no. 51 (October 31, 1997): 81–98. http://dx.doi.org/10.55414/k76cqk81.

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This article deals with the analysis of the main factors influencing the decision of the members of a jury in an experimental trial held in Málaga. This study was carried out in preparation for the introduction of jury-trials in Spanish Courts. The trial atissue was a real case, but the decision ofthe jury was notbinding. This work attempts to analyze the factors that explain the jury's decision. Itis ofa qualitative andexploratory nature. The study has found four different stages: predeliberation, deliberation, postdeliberation and post-trial. The results of the study indicate that the jurors

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34

Kuzina, Alexandra. "Reform of the Spanish jury trial." Legal Science and Practice: Journal of Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia 2021, no. 4 (2021): 184–90. http://dx.doi.org/10.36511/2078-5356-2021-4-184-190.

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The article discusses the reform of the Spanish jury court in 1995, based on the provisions of the classical jury court of the Anglo-Saxon legal family. The author uses a comparative legal method to identify the features of the adversarial and inquisitorial systems of law, allowing to distinguish between the main models of the criminal process. Comparing the essence of the American jury trial as a representative of the Anglo-Saxon system with its Spanish counterpart, the author comes to the conclusion that the reform didn’t lead to drastic changes, but it only strengthened the investigative na

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35

Akhmedshin, Ramil L. "Jury as a Collection of Ephemical Ideas." Ugolovnaya yustitsiya, no. 16 (2020): 38–42. http://dx.doi.org/10.17223/23088451/16/8.

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To understand the expediency of the jury today, it is necessary to critically analyze its objectivity in general and in this country in particular. Unfortunately, the analysis of certain arguments demonstrates their demagogism and naivety, with outwardly intelligent and liberal form. Even a “well-chosen jury” does not always pass a full-fledged verdict, which negates the very idea of the jury. If an error is possible even in ideal conditions, there can be only one verdict – the jury is absurd by nature. The main problem in studying jury trials comes down to the fact that justifying the expedie

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36

Robertshaw, Paul. "For Auld Lang Syne—Towards the Demise of the Jury?" Journal of Criminal Law 66, no. 4 (2002): 338–58. http://dx.doi.org/10.1177/002201830206600405.

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This article considers one chapter, on the jury, of the 12-chapter Criminal Courts Review Report, published following Auld LJ's review of the English criminal courts. Coverage of each of the topics in the article includes research proposals. First the appropriate size of the jury is addressed. Under the rubric of jury composition, reservations concerning disabilities are noted. The article then considers ethnic minority representation in detail. In the context of jury composition in serious fraud/complex trials a managerial experiment is proposed, together with four variants in the make-up of

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37

Oldham, James. "The Law of Negligence as Reported in The Times, 1785–1820." Law and History Review 36, no. 2 (2018): 383–419. http://dx.doi.org/10.1017/s0738248018000032.

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Historically, the clear recognition by the courts that all adults in public intercourse owe a duty of reasonable care to avoid injuring others has been seen as an early nineteenth century development. Occasionally it is recognized that what is known about the emergence of the tort of negligence in English law comes almost entirely from the printed reports of civil (plea side) cases tried in the three common law courts (King's Bench, Common Pleas, and Exchequer). It was not until the 1790s that regular printed reports of jury trials (or nisi prius cases, as they were called) began, and even the

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38

Perova, Yulia Sergeevna. "The model of the jury trial according to the Judicial Statutes of 1864." Samara Journal of Science 14, no. 1 (2025): 84–88. https://doi.org/10.55355/snv2025141203.

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This article describes the model of the jury trial according to the Judicial Statutes of 1864. The aim of the author was to compare the trial by jury in the Russian Empire with the Anglo-Saxon and continental models of the trial by jury, to identify the features of the criminal process involving jurors in the Russian Empire. Special attention is paid to such features of judicial investigation as the adversarial and investigative approach in criminal proceedings, the role of the presiding judge in the consideration of the case in court, the study of the defendant's personality in the framework

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39

Jaconelli, Joseph. "Some thoughts on jury secrecy." Legal Studies 10, no. 1 (1990): 91–103. http://dx.doi.org/10.1111/j.1748-121x.1990.tb00031.x.

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Should those who have served as members of the jury in a newsworthy trial be restrained by the criminal law from recounting what transpired in the jury room?The issues surrounding the legitimacy or otherwise of jury room disclosures pose peculiar problems in the administration of justice. They do so because such disclosures are made, not by journalists assigned to cover the trial (as at present), nor via the medium of televising the event (as may shortly be the case), nor simply by those most intimately involved in the conduct and outcome ofthe trial (such as the accused or counsel). The speci

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40

Ryabinina, Tatyana K., and Daria O. Chistilina. "POWERS OF THE PRESIDING JUDGE IN A JURY TRIAL IN THE CONTEXT OF ADVERSARIAL PRINCIPLES OF RUSSIAN CRIMINAL PROCEDURE." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 41 (2021): 64–76. http://dx.doi.org/10.17223/22253513/41/6.

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The main objective is to examine the powers of the presiding judge in jury trials in the context of adversarial principles of criminal proceedings. Particular attention will be paid by the authors to different approaches to the notion of adversariality and the definition of the role of a professional judge in such courts, as well as the degree of his activity during the judicial investigation. The main methods used by the authors were dialectical and systematic method, analysis, synthesis, as well as special legal methods of knowledge. The outcome of the research will be a definition of the ro

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41

Quinn, Katie. "Jury trial in Republic of Ireland." Revue internationale de droit pénal 72, no. 1 (2001): 197. http://dx.doi.org/10.3917/ridp.721.0197.

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42

Duff, Peter. "The limitations on trial by jury." Revue internationale de droit pénal 72, no. 1 (2001): 603. http://dx.doi.org/10.3917/ridp.721.0603.

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43

Volosko, I. R. "REFORMING OF JURY TRIAL IN UKRAINE." Juridical scientific and electronic journal, no. 12 (2021): 369–72. http://dx.doi.org/10.32782/2524-0374/2021-12/93.

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44

Quinn, John F. "The Right to Trial by Jury." Social Philosophy Today 8 (1993): 91–101. http://dx.doi.org/10.5840/socphiltoday1993828.

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45

Brooks, Thom. "The Right to Trial by Jury." Journal of Applied Philosophy 21, no. 2 (2004): 197–212. http://dx.doi.org/10.1111/j.0264-3758.2004.00273.x.

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46

Adovasio, J. M. "Pothunter Found Guilty in Jury Trial." Anthropology News 29, no. 1 (1988): 28. http://dx.doi.org/10.1111/an.1988.29.1.28.1.

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47

MILLER, B. I. "'TRIAL BY JURY', ED. STEVEN LEDBETTER." Music and Letters 78, no. 1 (1997): 141–42. http://dx.doi.org/10.1093/ml/78.1.141.

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48

WORTHY, WARD. "Jury intimidation alleged in Searle trial." Chemical & Engineering News 66, no. 49 (1988): 6. http://dx.doi.org/10.1021/cen-v066n049.p006.

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49

Unterman, Katherine. "Trial without Jury in Guam, USA." Law and History Review 38, no. 4 (2019): 811–41. http://dx.doi.org/10.1017/s0738248018000627.

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This article adds to the growing literature about how the Supreme Court's decisions in the Insular Cases affected the residents of the U.S. territories. It focuses on the territory of Guam, which lacked juries in both criminal and civil trials until 1956–nearly sixty years after the island became a U.S. possession. Residents of Puerto Rico, Hawaii, and the Virgin Islands had limited jury trials, but Guam was left out due to its strategic military significance as well as racialized ideas about the capabilities of Chamorros, the native inhabitants of the island. This article recovers the struggl

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50

Lucier, Tamara, and Brian H. Kleiner. "New developments concerning jury trial simulation." Equal Opportunities International 18, no. 5/6 (1999): 83–87. http://dx.doi.org/10.1108/02610159910786041.

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