A still from 12 Angry Men (1957, United Artists)
Russian Supreme Court has proposed drastically changing how jury trials operate, including reducing the number of jurors to four and combining them with the presiding judge into a single panel. Reporting by Vedomosti, a business daily newspaper, cites a reform concept presented by Supreme Court Judge Sergei Zelenin.
Currently, the number of people on a Russian jury depends on the court’s level. In lower-level district and military courts, a jury consists of six main and two reserve jurors. In higher-level regional courts, it comprises eight main and two reserve jurors. The new proposal would standardise and reduce the number to just four jurors across all courts.
The most drastic change involves the fundamental principle of jury deliberation. Currently, Russia uses an “Anglo-American” or common law model, where the professional judge and the lay jury make their decisions separately and independently. Judge Zelenin proposed moving towards a “continental” model (used in European countries like France or Germany) featuring a mixed panel.
This new proposed system would feature the professional judge and the lay jurors on a common panel that sits in the deliberation room together. The judge would be able to provide clarifications to the jurors behind closed doors. Proponents argue this will increase “the stability” of verdicts.
Another proposal seeks to streamline trials by abandoning the practice of sending jurors out of the courtroom during procedural or legal arguments they are not supposed to hear. Zelenin’s proposal argues that constantly removing jurors can give them the impression that a crucial part of the proceedings is being hidden from them.
Zelenin also wants to change how juries are selected. He suggests abolishing the practice of dissolving a jury panel due to the “bias of its composition”, a legal mechanism he dismissed as “redundant and inefficient.” Furthermore, the age limit would be relaxed, allowing citizens over 65 to serve if they are willing and healthy enough.
The judge’s summing-up instructions before the jury retires are also proposed to be shortened. Specifically, judges would no longer repeat the prosecution’s charges or summarise the opposing arguments. Zelenin argued that making the judge recount the prosecution’s case can compromise the appearance of judicial neutrality, as the court is not part of the prosecution.
Zelenin justified these sweeping reforms by pointing to inefficiencies in the current system, specifically the lengthy process of selecting a jury and the high rate of jury verdicts being overturned on appeal.
In Russia’s justice system, the conviction rate by professional judges is extremely high, with less than 1% of defendants being pronounced not guilty (excluding guilty verdicts and dismissed cases). Juries, which were reintroduced in modern Russia after the fall of the Soviet Union, have historically been much more likely to acquit defendants. In 2022, a staggering 62% of those verdicts were subsequently overturned by higher courts.
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