Document Type
Article
Publication Date
2008
Abstract
This essay focuses on adversary procedure, plea-bargaining, and jury trial in the 1991 Concept of Judicial Reform of the Russian Republic. It discusses the impact of these reforms and assesses whether they have led to an improvement in the quality of evidence presented to the trier of fact, liberation of the trial and appellate judges from the juggernaut of hierarchical Soviet ‘crime control’ policies, and the development of a culture where acquittals of guilty and innocent will be tolerated when the evidence lacks credibility or is insufficient to constitute proof beyond a reasonable doubt.
Recommended Citation
Thaman, Stephen C., The Two Faces of Justice in the Post-Soviet Legal Sphere: Adversarial Procedure, Jury Trial, Plea-Bargaining and the Inquisitorial Legacy. CRIME, PROCEDURE AND EVIDENCE IN COMPARATIVE AND INTERNATIONAL CONTEXT. ESSAYS IN HONOUR OF PROFESSOR MIRJAN DAMASKA, p. 99-118, (2008).