Origin and Development of Jury Trial in Georgia (General Overview)
Keywords:
jury trial, jury, origination of the jury trial, development of the jury trial, jurisdiction of the jury trialAbstract
Jury trials have a long-standing history of origin and development. However, initial models of public participation in the administration of justice, dating back to the 11th century England, were substantially different from the modern jury trials.
Despite the different forms of public participation in the administration of justice, jury trials were introduced in Georgia during the First Republic (1918-1921) when significant number of cases were adjudicated. However, soon after the commencement, it was abolished in 1921 as a result of the Soviet occupation. After the restoration of the Georgian state independence, jury trials became operational since October 1, 2010. The scope of the crimes to be adjudicated by the jury trial, as well as its territorial jurisdiction gradualy expanded. Therefore, the number of cases heard by the jury trials has been increasing despite the controversial and incompatible positions prevailing around the institution.
References
Constitutional Law of Georgia “On the Introduction of Amendments and Addendums in the Constitution of Georgia”, №3272, LHG, 2, 06/02/2004.
Criminal Procedure Code of Georgia, 09/10/2009.
Abramson J., We, The Jury: The Jury System and the Ideal of Democracy, Harvard, 2003, 1.
Bezhashvili T., Jury Trial (Brief History of Origin and Development), Tbilisi, 2014, 7, 8, 16, 17 (in Georgian)
Company “Nikolo M”, sociological survey “Public Awareness and Attitudes towards Jury Trials (Main Conclusions and Findings)”, the survey was conducted under the auspices of the United Nations Development Program (UNDP) project, “Supporting Judicial System”, Tbilisi, 2007, 2, 3, http://msajuli.ge/uploads/2007.pdf [10/03/2020] (in Georgian).
Feinman J. M., 1001 Legal Words You Need to Know, Oxford, 2005, 105.
Gabisonia I., Jury Trial, Magistrate and Reconciliation Courts, Tbilisi, 2008, 92 (in Georgian).
Gruzenberg M. O., Jury Trial in Transcaucasia, Tbilisi, 1917, 1 (in Russian).
Gurgenidze E., Compilation of Legal Acts of the Democratic Republic of Georgia – 1918-1921, Tbilisi, 1990, 207-208, 214, 382-383, 472 (in Georgian).
Institute of Social Researchers, Basic Knowledge and Perception Regarding Judicial System in Georgia (Final Report), the survey was conducted under the auspices of the United Nations Development Program (UNDP) project, “Supporting Judicial System”, Tbilisi, 2009, 2, 4, http://msajuli.ge/uploads/2009.pdf [10/03/2020] (in Georgian).
Jalabadze D., Georgia Customary Law 2, Tbilisi, 1990, 66, 67, 82 (in Georgian).
Jorhand L., Tsikarishvili K., Jury Court (Review of Western Systems), Tbilisi, 2007, 11 (in Georgian).
Jorhand L., Tsikarishvili K., Jury Court (Review of Western Systems), Tbilisi, 2009, 12 (in Georgian).
Jury court – Georgian history – mountain law, 2010, 1, information is available: http://msajuli.ge/index.php?m=794 [10/03/2020].
Jury court – Georgian history – 1917-1921, 2010, 1, information is available: http://msajuli.ge/index.php?m=796 [10/03/2020].
Kakabadze S., History of Georgian Nation 1783-1921, 2nd edition, Tbilisi, 2003, 173-174 (in Georgian).
Kikvidze A., History of Georgia XIX-XX cen. (1861-1921), Volume II, Tbilisi, 1959, 34-35 (in Georgian).
Kordzadze Z., Nemstveridze T., Chronicles of the Georgian Constitutionalism, Tbilisi, 2016, 275 (in Georgian).
Kublashvili K., Mumladze G., Gabunia M., Melikidze T., Simsive T., Viable Constitution – Definition of the Constitutional Norms, Tbilisi., 2018, 512 (in Georgian)
Kusiani E., Jury Trial – Ideal of Democracy? Journal “Scientific Journal of Association of Open Diplomacy”, №2(18), 2011, 53 (in Georgian).
Melkadze O., Dvali B., Judiciary in Foreign Countries, World Parliamentarism Research Center, Series of Political-legal Literature, Book XI, Tbilisi, 2000, 148, 154 (in Georgian).
Metreveli V., Akaki Tsereteli’s Political and Legal Opinions, Tbilisi, 1980, 117 (in Georgian).
Nachkebia G., Lekveishvili M., Ivanidze M., Shalikashvili M., Tumanishvili G., Gogniashvili N., Bokhashvili Ir., Jury Trial in Georgia, Tbilisi, 2013, 20, 21, 24, 364 (in Georgian).
Nachkebia G., Lekveishvili M., Ivanidze M., Shalikashvili M., Gogniashvili N., Tumanishvili G., Project – “For Implementing, Studying and Analysing the Institute of the
Jury Trials”, Tbilisi, 2013, 1, <http://online.tsu.edu.ge/ge/science/9972/?p=18> [10/03/2020] (in Georgian).
Newspaper “Public Affair”, 04/12/1920, information is available: web-site of jury court: msajuli.ge, Georgian History – History in Press – History of Georgian Judiciary in Newspapers, 2010, 1, http://msajuli.ge/index.php?m=797 [10/03/2020].
Newspaper “Sakartvelos Respublika”, 25/11/1920, information is available: web-site of jury court: msajuli.ge, Georgian History – History in Press – History of Georgian Judiciary in Newspapers, 2010, 1, http://msajuli.ge/index.php?m=797[10/03/2020].
Newspaper “Sakartvelos Respublika”, 10/03/1920, information is available: web-site of jury court: msajuli.ge, Georgian History – History in Press – History of Georgian Judiciary in Newspapers, 2010, 1, http://msajuli.ge/index.php?m=797 [10/03/2020].
Newspaper “Sakartvelos Respublika”, 06/03/1920, information is available: web-site of jury court: msajuli.ge, Georgian History – History in Press – History of Georgian Judiciary in Newspapers, 2010, 1, http://msajuli.ge/index.php?m=797[10/03/2020].
Newspaper “Sakartvelos Respublika”, 12/02/1920, information is available: web-site of jury court: msajuli.ge, Georgian History – History in Press – History of Georgian Judiciary in Newspapers, 2010, 1, http://msajuli.ge/index.php?m=797 [10/03/2020].
Shvangiradze T., Chkaidze G., Jury in the Criminal Proceeding, Tbilisi, 2016, 22 (in Georgian).
Songulia N., Jury Court, Journal “Judiciary and Law”, №1(32), 2012, 86 (in Georgian).
Statistics of the Cases reviewed by the jury trials, 2019, 1, 2, 3, 4, 7,
Widman N., Hans V.P., American Jurors – Verdict, Tbilisi, 2019, 9 (in Georgian).
Decision of the Constitutional Court of Georgia, dated as of November 13, 2014 on the case №1/4/557,571,576, II-92,
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