No Jury, No Problem
By Sean at 10 December, 2008, 10:20 am
Last Friday the State Duma passed the first reading of a law that would alter how Russian courts prosecute terrorism cases. The law, “On the making changes to individual legislative acts of the Russian Federation on the question of combating terrorism,” essentially looks to amend five statutes in the Russian criminal code to give tougher sentences to crimes committed by “terrorists.” But the stiffing of sentences is not all. The law’s authors, Vladimir Vasilev, the chair of the Duma Committee for Security, and his deputy Mikhail Grishankov, both United Russia members, also want to change Article 30 of the criminal code to allow the removal of juries in trials that not only deal with terrorism but “hostage taking, mass disorder, rebellion, espionage, sabotage, unlawfully armed organizations, high treason, violent seizure of state power.” The main argument for the removal of juries is that “in the southern regions of Russia cases are becoming more frequent where the rendering of verdicts by juries is lenient toward defendants who have been found through investigations to be members of illegally armed groups or criminal organizations who engage in terrorist and criminal activities on Russian territory.”
The reason for the leniency, according to Vasilev is that “These are republics where up to 80 percent [of people] have kinship, tribal, and family connections and traditions which forbids testifying about or act against relatives.” In addition, an atmosphere of fear exists because “jurors and their relatives are well known to terrorists.” So either juries have relational and cultural restrictions against judging kin, are being intimidated to go soft, or there is a general sympathy for rebels in places like Ingushetia. Either way, no jury, no problem.
For good reason, human rights groups and opposition parties are up in arms about these amendments. Lev Levinson from the Institute of Human Rights told Kommersant that the power of jurors “needs to be widened not reduced.” Henry Reznik, a lawyer from the Public Chamber, referenced the circularity of history, saying that “The State Duma has done what was done in Tsarist Russia after the acquittal of Vera Zasulich.” Zasulich was acquitted by a sympathetic jury in 1878 for the attempted assassination of St. Petersburg governor General Theodor Trepov. After her acquittal, juries were removed from all trials concerning state crimes. Then as now, if juries are sympathizing with “terrorists” maybe the problem is far deeper than one that can be solved by their removal.
Duma representative Viktor Iliukhin from the Communist Party basically called the law racist because of its specific reference to the “southern regions.” He called the law “an insult to the people of these regions who are depicted as indecent and unscrupulous.” Well, yes the law does seem to be based on some pretty racist assumptions. Plus, why make a real effort to protect juries when you can just do away with them?
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“So either juries have relational and cultural restrictions against judging kin, are being intimidated to go soft, or there is a general sympathy for rebels in places like Ingushetia.”
Or, juries are so used to police corruption that they suspect people are innocent even when they are guilty.
Yes that would be another possibility.
Poor Russia, in addition to all those concentration camps that Putin ordered to build all over country for the opposition (which is numbered in millions), now they are going to prosecute terrorists without Jury. WOW! Lucky those who don’t live in Russia.
Dima you’re starting to sound like Bizarro La Russophobe
I have a few-years-old paper on jury trials in Dagestan on just this subject if you want it. If I can find it.
Bizarro think La Russophobe smart and pretty with perfect size ass. Why La Russophobe not want marry Bizarro?
Just for the record.
Juri is not obligatory. It’s a choice of the defendant. If my brain serves me today…
I would also recommend Reznik to shut up (and f..k off). It was those pravozashitniki who actually demanded court without jury.
As it was impossible to arrange juries in Chechnya – for technical and administration reasons – all cases against “federal” military personnel were carried out outside Chechnya. So they pushed through the Constitution Court the rule that allows courts to proceed cases in Chechnya without jury – by a single judge only. And I don’t recall Reznik or any other m…f….er said a word against it.
And third – it’s not racism. It’s reality.
PS. Does the name Simpson tell you something?
The name Simpson tells me that ivanov is barking up the wrong tree, again.
Candid.
Except pissing at ivanov you don’t have any other objections, do you?
In 1972 in Northern Ireland Britain created the Diplock courts without juries because of intimidation and the increasing difficulty in getting convictions.
Candid.
Except pissing at ivanov you don’t have any other objections, do you?
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Ivanov,
The fact that most people disagree with you (or I) simply shows that you are telling the truth, for “truth begets hatred” (or “Veritas odium parit” – in Latin). These conversations very much remind me Peter Schiff and how he was predicting the gloom and doom a couple of years ago, while the (paid) enthusiasts and “experts” were attacking him. Have a look (if you haven’t seen it yet), it’s funny:
http://www.youtube.com/watch?v=gL8BzZnWRX4
“The fact that most people disagree with you (or I) simply shows that you are telling the truth, for “truth begets hatred” (or “Veritas odium parit” – in Latin).”
Please tell me you’re joking and don’t think this makes sense.
“The fact that most people disagree with you (or I) simply shows that you are telling the truth, for “truth begets hatred” (or “Veritas odium parit” – in Latin).”
Please tell me you’re joking and don’t think this makes sense.
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No I’m not joking I’m telling the truth. If you don’t believe, watch that video I mentioned in my previous post and then we can talk.
OK. So, if large numbers of people disagree with a statement, that is an indication that the statement is in fact true.
Accordingly, the Earth is flat, I am the sexiest man alive, and Tarzan is real.
Chris,
You oversimplify some. But yes, you can find even in the Bible: “Seek the truth among those who are prosecuted”.
In short, when “everybody” believe in something, it the time to dump the stocks.
Once again, I recommend to watch that video with Peter Schiff and how he was humiliated on TV 2-3 years ago. Who is laughing now?
Sometimes, people’s ideas are ridiculed because they threaten other people’s beliefs.
Sometimes, people’s ideas are ridiculed because they’re fucking stupid.
I can’t believe I’m having this inane argument.
Sometimes, people’s ideas are ridiculed because they threaten other people’s beliefs.
Sometimes, people’s ideas are ridiculed because they’re fucking stupid.
I can’t believe I’m having this inane argument.
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I think I’m talking to a man who has understood life. Congratulations!
ivanov,
Seriously, Simpson case has no relevance to the subject discussed here.
As you didn’t object the rest of the message – I assume it was relevant and right
PS. Simpson has nothing to do with racism and jury. Am I barking on the right tree now? I’m somewhat concerned about trees, you know.
PS. Simpson has nothing to do with racism and jury. Am I barking on the right tree now? I’m somewhat concerned about trees, you know.
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The “Simpson case” is a prime example how a trivial matter can be effectively used to distract attention of the American public from REAL problems. It’s even discussed here on this Russia blog.
ivanov,
There were glimpses of a valid argument in your post, possibly even supported by a thought-provoking historical reminder, but they were buried among prohanities and sudden lapses of common sense.
If you have a good story to tell, concentrate on the story.
Then if you must express an opinion in forceful language, do it in the separate paragraph.
ivanov and false dima,
stop your boring conversation about old-news OJ. if you want to throw darts at democracy at work in the US, please move on to the much more timely (and fun — unless you’re poemless and have to live in Illinois)Blagojevich. Yes, he’s a product of the American political system; But, he is a blood member of the greater slavic brotherhood (though the Serbs have denounced him because he never gave them any money.)
OK
Just for the record.
Juri is not obligatory. It’s a choice of the defendant. If my brain serves me today…
I would also recommend Reznik to shut up. It was those pravozashitniki who actually demanded court without jury.
As it was impossible to arrange juries in Chechnya – for technical and administration reasons – all cases against “federal” military personnel were carried out outside Chechnya. So they pushed through the Constitution Court the rule that allows courts to proceed cases in Chechnya without jury – by a single judge only. And I don’t recall Reznik or any other human rights “fighters” said a word against it.
And third – it’s not racism. It’s reality.
PS. I’m not living in IL, sorry.
http://www.chicagotribune.com/news/nationworld/chi-121008-serbia-blagojevich-webdec11,0,6164071,print.story
Radovan Savic writes: “Why does every Serb who goes over there become ashamed of their Serbian origin? Why did Milorad change his name to Rod?”
Raja writes: “He has nothing to do with Serbia. He doesn’t even speak Serbian. My sympathies are with American justice which does not distinguish between an ordinary citizen and a governor. Serbia should learn a lot from a developed democracy like America.”
Rile writes: “Ha ha. Typical American. We have a lot of guys like that here as well.”
Aleksa writes: “Crime has no ethnicity.”
Janko writes: “If somebody is not clear enough on what is a true American myth, the so-called American dream, he should look into the biography of Rod Blagojevich. He was always fighting for himself alone and went from zero to somebody. Serbs did not vote for him. He was elected governor of Illinois with the votes of African-Americans—that is Obama’s voters.”
Slobo writes: “Well, one more piece of evidence that the Americans hate us. They don’t let us steal.”
ivanov and false dima,
stop your boring conversation about old-news OJ. if you want to throw darts at democracy at work in the US, please move on to the much more timely (and fun — unless you’re poemless and have to live in Illinois)Blagojevich. Yes, he’s a product of the American political system; But, he is a blood member of the greater slavic brotherhood (though the Serbs have denounced him because he never gave them any money.)
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Well, we should discuss eternal issues, something that will be important 10 years from now, 50, 100 …. Both OJ and Blagoevich issues will be forgotten … We should talk about happiness, love, art, the meaning of life and death … etc
This note has nothing to do with the various discussions here.
Why are Russian news/media websites so unhelpful (and misleading) with their links? I guess it’s old hat to most of you, but I find it irritating to click on a link in order to read about X to discover that the link does not take me to X.
the link does not take me to X.
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I hear you. Instead, it normally leads you to another site with a lot of real estate ads (“NOW is THE time to by real estate” and such like, – you had a lot of those a few years back in the US).
Candid.
I didn’t get why you are barking at Serbian Governor of IL? How is he related to juries in Russian courts?
tess made me do it.
As a favor to Chris and his fellow denizens, I’m offering a link to a survival guide:
http://pdrs.dp.ua/type/type31.html
We should talk about happiness, love, art,
What would a person that never went beyond his пе-те-ушное childhood fascination with Deep Purple know about art?
Ksenia Sukhinova has won the beauty contest “Miss Wolrd”! Vivat, Russia!
http://thepresidentofrussia.blogspot.com/2008/12/beautiful-russian-woman-of-day-december_13.html
Not my style at all
Who is her sponsor?
Exo Moskvy?