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  • 12 - The Russian Jury Trial

  • from Part III - Challenges to Lay Participation in Law
  • Edited by Sanja Kutnjak Ivković, Michigan State University, Shari Seidman Diamond, Northwestern University, Illinois, Valerie P. Hans, Cornell University, New York, Nancy S. Marder, Chicago-Kent College of Law
  • Book:
    Juries, Lay Judges, and Mixed Courts
    Published online:
    03 August 2021
    Print publication:
    29 July 2021, pp 237-260

  • Summary

    Trial by jury in Russia is an ongoing legal and political experiment that has been carried out for the last 155 years. Throughout this period several governments in Russia attempted to use the jury trial to legitimize courts in the eyes of citizens by involving them in the administration of justice. At the same time, the government exercised close control over lay participation through various legislative and judicial mechanisms. We analyze legislative changes affecting the jury over the course of its history in Russia and we identify and examine three main controlling mechanisms. These include the relationship between the Russian government and the jury trial; the change in types of cases that juries can hear in Russia, especially in relation to crimes against the state; the diminishing role of the defense with respect to juries; and the increasing role of the government in influencing jury composition. This chapter also explores the significance of adversarial and inquisitorial elements of the Russian jury trial in Tsarist and modern times.