Origin of a Jury Trial in the European Countries

Authors

  • Radik N. Hamitov
  • Dmitriy Yu. Tumanov
  • Rinat R. Sakhapov

DOI:

https://doi.org/10.7596/taksad.v6i5.1286

Keywords:

England, The council of 12 jurors, Liberty, Justice, Court, Jury trial, Jury lawsuit, Criminal justice.

Abstract

Traditionally it is believed that the birthplace of the jury trial creation is England, but the issue of the birthplace location of this particular form of popular participation in the criminal justice administration is not yet fully resolved by the historical science. The continental lawyers were particularly interested in the jury trial among other institutions of English law, in which the English themselves identified the stronghold of the country's law and order, its political and civil freedom. It is not difficult to see that the main role was not played by the judges, but by the community representatives in this form of justice administration. Since then the community has been gaining more and more importance in England as a state body in the matter of justice administration, and the initial forms of its activity have being further developed in this direction. This works investigates roots of jury trial by basing on such methods as historical, systemic, formally logical, concrete-historical, comparative legal analysis method.­ The authors, in turn, come to the conclusion that the jury trial has its roots still in the Ancient States, but the classical modern model owes its origin to England.

References

Bobotov, S. V. (1995). Where did the Jury Trial Come From? Мoscow: Russian Law Academy of the Ministry of Justice of the Russian Federation.

Burnham, W. (1995). Jury Trial. Мoscow: Moscow Independent University of International Law.

Cairns, J. & Macleod, G. (ed.) (2002). The Dearest Birth Right of the People of England: The Jury in the History of the Common Law. ISBN 1841133256. London: Hart Publishing.

Cheltsov-Bebutov, M. A. (1948). Position of a Person in the Criminal Proceedings. Мoscow: Legal Publishing House of the Ministry of Justice of the USSR.

Danevsky, V. P. (1895). Comparative Review of Some Forms of the People's Court (the Court of the Sheffen, Class Representatives and Jury). Russkaya Mysl (Russian Thought), 1, 1-21.

Elliott, C. & Quinn, F. (1998). English Legal System (2nd ed.). ISBN 1405847336. London: Longman.

Gue-Gluneka (1865). On Jury Trial: Compositions of Gue-Gluneka; translated from the German language under the editorship of [with foreword] O. A. Filippov. St. Petersburg: F. Stellovskiy Publishing House.

Hanly, C. (2005). The decline of civil jury trial in nineteenth-century England. Journal of Legal History, 26(3), 253-278. DOI:10.1080/01440360500347525

Heinze, R. (1896). Feature of the English Judicial System in Connection with the Jury Trial. St. Petersburg: Kukol-Yasnopolsky Publishing House.

Kamnev, A. S. (2015). Forms of the reviewing of a jury trial decision and its grounds in France. Bulletin of the Tomsk State University, 396, 122-128.

Koenigson, A. (1871). Feature of the Origin and Historical Development of the Jury Trial in the Ciminal Cases. Vitebsk: Publishing House of the Provincial Government.

Mikhailov, P. L. (2004). Jury Trial in France: Formation, Development and Transformation. St. Petersburg: Publishing House of R. Aslanov "Yuridicheskiy Tsentr Press" (Legal Press Center). [in Russian]

Mittermeier, K. (1865). Jury Trial in Europe and America (Legal and Political Edition). Edited by Lamansiy N., V. 1. St. Petersburg: Kukol-Yasnopolsky Publishing House.

Nasonov, S. A. (2015). Continental Model in the jury: the genesis and features of the procedures. Law and Politics, 11, 1567-1572.

Petrushevsky, D. M. (1918). The Magna Carta and the Constitutional Struggle in English Society in the Second Half of the XIII century. Мoscow: Publishing House of Sabashnikov.

Russian Foreign Collection (1860). On the Jury Trial and on the Policemen Courts in Russia. London: Publishing House of A. Frank.

Shaikevich, S. (1865). On the Jury Trial. Composition of Gue-Gluneka, translated from German language under the editorship of O.A. Filippov & S. Shaikevich. St. Petersburg: University Publishing House.

Tarasov, A. A. (2015). Rahmetullina jury O.R. Sud and problems of popular participation in justice: a monograph. Moscow: Rusayns Publishing House.

Walker, R. (1980). English Judicial System. Мoscow: Yuridicheskaya Literatura (Legal Literature). [In Russian]

Zakhozhiy, L. A. & Poshivailova, A. V. (2000). Theoretical Models of the Jury Trial (in the West and in Russia): Study Guide. Vladivostok: Publishing House of the Far Eastern University.

Downloads

Published

2017-11-28

How to Cite

Hamitov, R. N., Tumanov, D. Y., & Sakhapov, R. R. (2017). Origin of a Jury Trial in the European Countries. Journal of History Culture and Art Research, 6(5), 152-159. https://doi.org/10.7596/taksad.v6i5.1286