Not Guilty Until the Supreme Court Finds You Guilty: A Reflection on Jury Trials in Russia

Abstract

Abstract: This article analyzes the Russian Supreme Court's practice of overturning jury acquittals. Because juries acquit more often than judges, some prosecutors, judges, and legal scholars have expressed doubts about whether Russians are legally sophisticated enough to serve on juries. Yearly statistics provided by the Russian Supreme Court confirm that acquittals are appealed more often than convictions and that the Supreme Court overturns a much higher percentage of appealed acquittals than appealed convictions, most often because jury question lists fail to conform to the Criminal Procedure Code. While the Supreme Court has the legal authority to overturn acquittals, this article suggests that overturning acquittals in such high numbers undermines the future viability of jury This article encourages the Russian Supreme Court not to be so quick to overturn acquittals. In a country where people were oppressed for so many years, jury acquittals play a vital role in protecting the fundamental rights of citizens. Key words: acquittal, Criminal Procedure Code, jury trial, question list, Russia, Supreme Court ********** Our people are not ready for jury trials. --Aleksandr Dmitrievich Chernov, chairman of the Krasnodar Regional Court, 1999 (1) In just more than ten years, a revolution has happened in the Russian judicial system. Russia went from a country with a Soviet judicial system and almost a 100 percent conviction rate to a country where juries are active in the gravest cases in eighty-eight (2) of Russia's eighty-nine regions and are acquitting in about 15-20 percent of the cases that they hear. (3) With such a drastic change in the way justice is administered, it is not surprising that judges such as Chernov are skeptical about whether the Russian people are ready for jury The Russian Supreme Court has also expressed its skepticism of jury trials by being particularly active in overturning jury verdicts, especially acquittals. (4) This article argues that the practice of overturning jury acquittals in such high numbers is detrimental to Russia's fledgling jury system. The practice also raises questions about whether the jury system is fight for Russia at this time or if some alternative would better reflect the current legal consciousness. If jury trials are to remain a permanent fixture in the new Russian judicial landscape, reforms are needed to ensure their long-term success. The first part of this article looks at the evolution of the fight to trial by jury in Russia from 1993 forward. (5) The second part examines the current jury trial system in practice, including the phenomenon of overturning acquittals. The third part analyzes whether the current appeals process violates Russian and international law. Finally, the fourth part takes a broader look at whether jury trials can survive in Russia and what it will take to ensure their success. Evolution of the Right to Trial by Jury in Russia Under the 1993 Russian Constitution, a defendant has the right to a trial by jury in cases provided for by federal law. (6) What became known as the Jury Law was enacted by the Supreme Soviet on July 16, 1993. (7) Under the Jury Law, jury trials were reintroduced in Russia on an experimental basis, and numerous limitations were placed on the right to jury (8) The law provided for jury trials in only nine of Russia's eighty-nine regions. (9) Further, the right to jury trials was only available to defendants in regional and territorial courts (not in lower courts of general jurisdiction) and only for thirty-five of the most serious criminal offenses. (10) As jury trials began to function in the nine regions, the Russian Constitutional Court was inundated with requests from people living outside the select regions, demanding their right to a jury trial under Article 20 of the Russian Constitution. (11) After more than five years of jury trials in the nine regions and no foreseeable expansion to other regions, the Russian Constitutional Court ruled that, at least with respect to defendants facing the death penalty, the right to a jury trial had to be provided for in all eighty-nine regions. …