Peculiarities of consideration of domestic violence cases by a jury: problems and perspectives

Abstract

The article analyzes the question of the optimal composition of the court for resolving domestic violence cases as a means to ensure more effective protection of victims of family violence and an appropriate legal response to this phenomenon. Special attention is paid to the peculiarities of consideration of such cases by the jury. The author attempts to observe the advantages and disadvantages of this type of legal proceedings in domestic violence cases, taking into account the peculiarities of the procedural form itself, as well as the substantive legal characteristics of crimes committed in the domestic context. The analysis was conducted through the prism of the criteria of the courts impartiality, the specifics of evidentiary process and of the judicial review of the final judgments rendered in such cases. As a result, it was concluded that, although the features of the procedural form in question impose certain restrictions on the participants in criminal proceedings, the consideration of domestic violence cases by a jury, as an alternative to a professional judge, has undoubted advantages and prospects for its more common use.