Prisiekusiųjų teismo institutas: perspektyvos ir galimybės Lietuvoje
Petrauskaitė, Kristina |
Juzukonis, Saulius | Darbo gynimo komisijos narys / Thesis Defence Board Member |
Panomariovas, Artūras | Darbo gynimo komisijos narys / Thesis Defence Board Member |
Zajančkauskienė, Jolanta | Darbo gynimo komisijos pirmininkas / Thesis Defence Board Chairman |
Belevičius, Linas | Darbo gynimo komisijos narys / Thesis Defence Board Member |
Jurgaitis, Ramūnas | Darbo gynimo komisijos narys / Thesis Defence Board Member |
Ancelis, Petras | Recenzentas / Rewiewer |
Laurikėnas, Adas | Darbo gynimo komisijos narys / Thesis Defence Board Member |
The purpose of this final work is to analyze and propose all pros and cons for establishment of jury trail in Lithuania law system and its perspective. There are two motives for establishment of jury trail: first of all, court is independent from undesirable influence in making judgments, when citizens participate in its work. Second, in such judgments reflects a look to a justice, because there participate not just specialists, but also society member. In most common law jurisdictions, the jury is responsible for finding the facts of the case, while the judge determines the law. Typically, the jury only judges guilt or innocence, but the actual penalty is set by the judge. Some jurisdictions with jury trials allow the defendant to waive their right to a jury trial, this leading to a bench trial. Jury trials tend to occur only when a crime is considered serious. In some jurisdictions jury trials are reserved, and compulsory, for the most severe crimes and are not available for civil cases. Jury trials are compulsory for crimes which the maximum sentence exceeds 10 years, and optional for crimes of which the maximum sentence exceeds 3 years. Critics agains jury trail in law literature distribute in two opinions: first speak againts jury trail because of its work low efficiency and expensiveness of a process or there are doubts about jury as group of dilettante capasity to make compulsory judgments in cases. To start jury trial in Lithuania it is necessary not just to pass new laws, regulating its status, bet also to have financial possibilities. Today existing court system in Lithuania is quite perfect, so there is no reason, why it should be changed. It is necesarry to improve selection of courts personal, this would pickup confidence of society in courts.