“Have the courage to use your own reason” (I. Kant): revisiting the borrowing from foreign practices in jury selection

Author(s):  D.A. Lyakhova, The Belgorod regional court, Belgorod, Russia, koсumbas@yandex.ru

S.M. Kotsumbas, Belgorod National Research University, Belgorod, Russia

Issue:  Volume 42, №24

Rubric:  Actual Problems of Legal Regulation

Annotation:  Based on the analysis of problems that challenge jury trial institution in the context of today’s Russia, as well as on national theoretical researches that have been done for the topic, the Article brings up the issue of the Western strong influence on efficiency of the institution under study. The Article examines legal and sociological elements of potentially adoptable foreign legal practices, in terms of psychological factors affecting the jury composition. The Article develops conceptual points of so-termed “scientific jury selection” technique widely used in the United States, thereupon the Article refers to practicing lawyers and behavioral psychologists. The Article discusses the search for ultimate solution to compilation the lists of potential jurors. Finally, it assumes that borrowing of legal ideas in culture, value and ethics oriented contexts appears to be promising from the perspective of their successful adaptation

Keywords:  jury selection, borrowing of legal rules/from law, scientific selection technique

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