Trial by Jury: Free Choice of the Accused

The paper explores the problem of out-of-procedure influence on accused when he is making a decision if it necessary to consider his case in court with participation jurors. author considers various points view practicing lawyers, results judicial statistical data and makes following conclusions. Since procedure for considering criminal jurors terms complexity, costs both organizational material nature far exceeds ordinary legal proceedings, there has formed vicious practice illegal restriction freedom choice accused. Thus, warned that choosing trial will get maximum possible punishment they render guilty verdict. As result, either does not file petition consideration at all, or refuses an already filed petition. consolidate guarantees accused’s free this form proceedings regulatory level. It develop mechanism excludes possibility wishes involve representatives citizens case. To solve problem, proposes model. At request defendant, should be involved resolving issue sentencing him. In event verdict, two randomly selected jurors, together presiding judge, decide all issues sentencing. proves approach, loses meaning, since participants process aware right fellow procedure, individualization.