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The Introduction, Study and Analysis of Trial by Jury

26 May, 2013
The jury trial is a unusual, para-legal, para-professional form of legal proceedings based on a specific approach to crime and punishment. This form of legal proceedings brings together the wisdom of people in society as well as their understanding of justice and principles of democracy and offers the opportunity for public participation in the implementation of justice. This had not been a form of proceedings in Georgia before 2010, however“introducing trial by jury in Georgia will promote the development of key principles such as justice, collegiality as well as people’s wisdom and consciousness in the implementation of justice,” stated Guram Nachkebia, Doctor of Juridical Sciences, who is Scientific Director of the project “For the Introduction, Study and Analysis of the Jury Trial.”

The project was financed by Open Society Georgia Foundation with the aim to assess the jury system introduced in Georgia in October 2010. This was one of the important steps on the way of the country’s democratic development. Jurors began attending trials and hearing criminal cases and the research studied the verdicts delivered and made comparative analyses of the verdicts delivered by jury trials and common courts. Several studies were carried out within the framework of the grant with the participation of the Law Faculty of TSU.  Researchers and studies included Dr. Guram Nachkebia, “Verdicts Delivered by the Jury Trial”; Dr. Mzia Lekveishvili, “The Activity of the Jury System in the Tbilisi City Court”; Professor Maia Ivanidze,“For the Introduction, Study and Analysis of the Jury Trial--A Short Analysis of the Research”; Professor Moris Shalikashvili, “Public Attitudes Towards the Jury System and the Public Importance of the Jury System”; and Drs Nino Gogniashvili and Giorgi Tumanishvili, “Jurors in Various Countries of the World”.
The researchers concluded that “although trials held in Georgia have not been numerous enough to make a comparative analysis with those held with jury trials, they allow us to conclude that the jury system has justified itself within Georgia’s justice system. The verdicts delivered with the participation of jurors for crimes falling under article 109 of the Criminal Code of Georgia were studied as well. We compared the verdicts and sentences of regular trials with those made by the jury trial.”    
The first trials held using a jury system took place in October 2011, and within the framework of the project the TSU scientists studied and analyzed three criminal cases heard over several months.  The cases concerned murder as defined by article 109 of the Criminal Code of Georgia, including murder with extreme violence; murder by a group; premeditated murder of two or more persons; murder of a minor or a helpless person; or acted in a manner deliberately posing a threat to the life or health of other person.
According to the research analysis, public involvement in all three trials held with the participation of jurors was extremely high, and the attitude of the jurors towards the trials was quite engaged.  The researchers think that the explanations given by the judge to the jurors about their rights as well as around legal terms can be assessed as a positive aspect of the trials. The explanations enabled the jurors to listen attentively to each detail of the case and, when necessary to ask clarifying questions.
According to the analysis, public interest in the jury system increased significantly after the first trial.  The trials held at the Tbilisi City Court were attended by individuals and representatives of public organizations, including scientists, legal practitioners, students as well as foreign observers, who all gave a positive assessment to the trials.
The research “For the Introduction, Study and Analysis of the Jury Trial” places the emphasis on the principle of competitivity, which is an essential element of the jury system. In the researchers’ opinion, the principle of competitivity was fully realized only when the case was considered by jurors. Based on the principle of competitivity towards which the Georgian judiciary moved upon introducing the new Criminal Procedure Code, not only should all partiesknow the law well, but they should also have good presentation and public speaking skills. The practical importance of this issue was clearly revealed by the trials held with the participation of  jurors, and beginning with the very first trial it was evident that the presentation made by the prosecution impressed the audience.
The research also assessed the professionalism of jurors. The fact that non-professionals have to deliver a verdict frequently became the subject of discussions by the researchers. Trials held with the participation of jurors in Georgia have shown that the case was considered and resolved on the basis of the jurors’ inner beliefs and by agreement based on the evidence submitted by the parties. This was clearly confirmed by the fact that jurors’ votes were split on some verdicts and in one case took three hours to make a unanimous decision.
The Criminal Procedure Code of Georgia envisages ways to reduce the threat of jury nullification, in particular Paragraph 7 of article 261 stipulates that the chairperson of the session is authorized to annul a guilty verdict by the jury trial, and to appoint new jurors at a later date, if the verdict obviously contradicts all the evidence or is groundless.  The cancellation of a guilty verdict is the only possibility to ensure a fair and impartial administration of justice. When opening the court hearings, the judge explains to the jurors which law is to be applied. According to subparagraph “c”, paragraph 1, article 235 of the Criminal Procedure Code, during a court hearing the jurors have the right to receive additional explanations from the chairperson of the session about the law, with information from witnesses about factual circumstances, and from each party on a final statement. 
The researchers point out that these legal articles show that Georgian legislators took a number of issues into consideration to avoid jury nullification. This has had a positive impact on trials by jury. In particular, during trials the attitude of the jurors towards the case has been responsive and distinguished by a great sense of responsibility and interest in the trial. Thus their lack of professional legal background has not created any complications and the verdicts they made show this clearly.
The research pays special attention to the independence of the judiciary, which is most important for jury trials, and concludes that the doubts existing about the restriction of jurors’ independence have disappeared after court hearings. Under the Criminal Procedure Code, the jury system is an independent institution by both its essence and its content. It is not hierarchically subordinate to any branch of the authorities, including the judicial authorities. In addition, the judge is forbidden to interfere in the rulings delivered by jurors.  “Such levers have ensured that during the trials held in Georgia the jurors were absolutely independent of any such influence,” the research concludes.
Where the independence of jurors from media is concerned, TSU scientists note that legislators have regulated this issue too, and certain levers have been introduced such as paragraph 3 of article 226 of the Criminal Procedure Code which states that if it is impossible to ensure a fair and impartial discussion of the case due to intensive media coverage and public attitudes, the court will be authorized, by consent of the Supreme Court of Georgia, to relocate the jury trial to another court. This is why the media should demonstrate more professionalism, to ensure that their reports to the public related to a particular criminal case be made with extreme caution and restraint.   
Upon completion of the study the TSU team made recommendations:
-Based on the principle of competitivity of the parties, it is essential to demonstrate a high level of professionalism and relevant preparation for the trials, especially as concerns defense lawyers.
-Mass media must exercise greater caution and pay more attention to ethics and legal aspects when covering and discussing criminal cases.
The fairness of verdicts that are delivered by the jurors should convince more people of the court’s impartiality and increase their involvement in the trials. “If a verdict delivered by jurors demonstrates justice, and if the sentence jointly delivered by the jurors and judge (who chairs the trial) are fair, it is quite clear that the verdict delivered by the jurors and a guilty verdict unite on the basis of justice,” Guram Nachkebia concludes.
The jury system should promote public confidence building, and increase legal opinions, both of which are vitally important for the democratic state.
The researchers conclude: “The novelty of the Criminal Procedure Code of Georgia – the jury trial – has truly gained a foothold in Georgia’s reality. The trials held with the participation of jurors have convinced society of the need for this system. It should be noted that only the jury trial leads to the type of public involvement in legal proceedings that make justice more open and transparent for our society.”

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