The problems of satisfying the petition on the bias of the jury

Due to the legislator's very concise legal regulation of the concept of tendentious composition of jurors and the lack of criteria that would allow satisfying the petition for the dissolution of the board, the scientific literature is replete with contradictory discussions on the necessity of the existence of such an institution, and judicial practice is very few and there is no uniformity. Therefore, the subject of research in this article is the concept of bias in the composition of jurors, the search for criteria by which the totality of the factual circumstances of a particular criminal case and the existing composition of jurors would satisfy the concept of bias. The author attempts to analyze specific examples of judicial practice, compare them with the actual circumstances of the case under consideration and deduce from them an understanding of the bias of the jury panel, as well as the criteria by which such a request could be satisfied. The author uses methods such as induction, deduction, observation, comparison, analysis and generalization in the research process. Since the practice of satisfying petitions for the bias of the jury is very limited, today in practice it is difficult to understand what needs to be indicated in such a petition for a favorable outcome. Therefore, the novelty of this study lies in the fact that the author has tried to study judicial practice and present his own conclusions on the subject of the content of such a petition: it is not enough to point out only the deficiency on the basis of gender, race, nationality or profession of the formed panel of jurors. The issue of its bias is studied in the context of the specific factual circumstances and features of the criminal case under consideration. That is, a biased panel of jurors based on the fact that most of the jurors are women will be relevant only in cases of sexual crimes directly related to the relationship between the sexes. It would not be convincing to file such a motion, for example, in a fraud case.

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Publication Details

Journal
Юридические исследования
Published
2025-05-01
DOI
https://doi.org/10.25136/2409-7136.2025.5.73664
Primary Topic
Jury Decision Making Processes
Type
article
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article

The problems of satisfying the petition on the bias of the jury

Lina Veniaminovna Gaivoronskaia
Юридические исследования
Jury Decision Making Processes
article

The problems of satisfying the petition on the bias of the jury

Lina Veniaminovna Gaivoronskaia
article en

Abstract

Due to the legislator's very concise legal regulation of the concept of tendentious composition of jurors and the lack of criteria that would allow satisfying the petition for the dissolution of the board, the scientific literature is replete with contradictory discussions on the necessity of the existence of such an institution, and judicial practice is very few and there is no uniformity. Therefore, the subject of research in this article is the concept of bias in the composition of jurors, the search for criteria by which the totality of the factual circumstances of a particular criminal case and the existing composition of jurors would satisfy the concept of bias. The author attempts to analyze specific examples of judicial practice, compare them with the actual circumstances of the case under consideration and deduce from them an understanding of the bias of the jury panel, as well as the criteria by which such a request could be satisfied. The author uses methods such as induction, deduction, observation, comparison, analysis and generalization in the research process. Since the practice of satisfying petitions for the bias of the jury is very limited, today in practice it is difficult to understand what needs to be indicated in such a petition for a favorable outcome. Therefore, the novelty of this study lies in the fact that the author has tried to study judicial practice and present his own conclusions on the subject of the content of such a petition: it is not enough to point out only the deficiency on the basis of gender, race, nationality or profession of the formed panel of jurors. The issue of its bias is studied in the context of the specific factual circumstances and features of the criminal case under consideration. That is, a biased panel of jurors based on the fact that most of the jurors are women will be relevant only in cases of sexual crimes directly related to the relationship between the sexes. It would not be convincing to file such a motion, for example, in a fraud case.

Юридические исследования(5)
Moscow State Institute of Culture (RU)
Openalex Percentile: Top 71%
Jury Decision Making Processes
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The problems of satisfying the petition on the bias of the jury — Lina Veniaminovna Gaivoronskaia · Юридические исследования (2025) | TGRS Research Map | TGRS