What Is a Downside to Trial by Jury?
23 September, 2010
What Is a Downside to Trial by Jury?

 

Interview with Mindia Ugrekhelidze, Expert in education, society and justice

The major function of the State - administer justice– is planned to be given to the people by introducing the institution of jurors. We talked with Mindia Ugrekhelidze, Doctor of Laws, on the issues of education, social life and justice in our country.


Q: As of the next month, trial by jury will begin to function. The new system received mixed evaluation. The main positive argument is that it will

enhance credibility of courts. What is your opinion?


A: Institute of jurors was formed in the UK but developed in America. Therefore, despite its uselessness, neither Britons nor Americans can easily forego their native creation. Pragmatic Germany and Japan have never taken fancy of it as they knew very well that this phenomenon would not grow and flourish on their respective soils. Our Germany-educated Chief of Supreme Court Kote Kublashvili pointed out this circumstance. By the way, he used to be a good student. He is not a bad lawyer either, being well versed in his profession. Though, what his bare professionalism could do when he is just a compromising servant of certain masters above him.


Regarding the downsides of the system and ensuing disapproval of its introduction, I will start with a shining example. Not long ago the Strasburg Court was hearing the case of a Personal Secretary (Richard Tachske) of former Wallonia Interior Minister (Alen Van Der Bist) against Belgium. The Court ruled that a court could not be called reliable if it did not present the substantiation of cases, did not ensure procedural guarantees and was only based on statements.
Our Authorities need not place much hope on this institution because if a case is forwarded from the lower chamber to the higher chamber (and it may happen frequently because no one likes a defeat), Georgia would be forced to abandon the institution. You may ask why. Because the country would be in conflict with European standards with a variety of cases such as I have already mentioned above. I mean it could be violation of basic, minimal standards. In that case we would find ourselves stranded somewhere in the minimum of minimum.


There are other downsides as well. I will point out a plain one. Our court – as it is today – is a unicellular court. I do not mean the number of brain cells only. That is, the court is very simple. The Court of Jurors will be bipartite as jurors would be identifying facts, while a jurist would be coordinating this process and correlate these facts with legislation and norms. Since we cannot take care of two courts today, how can we manage two courts united under one roof, especially when jurors have not taken any preliminary training?


For instance, jurors decided in favor of life sentence. They would not be obliged to explain their decision and reasoning. It seems this moment may suit somebody out there. When I used to work at the Strasburg Court, I noticed that Georgian Court decisions arriving in Strasburg, contained less and less arguments and substantiation. So, they effortlessly transformed into the declarations that this one is a murderer, that one must be penalized this way and so on.
It seems that irrelevance of written words is not accidental. Certain ‘causes celebre’ are shelved for many years and may remain so for a long time. Their closure requires substantiation. If they do it, they have to publish their conclusions which, they know, would generate criticism. Meanwhile, jurors would bring final verdict without indicating any grounds they used for their reasoning. One more problem with the institution is a de-personified judge. Even if we personally knew jurors, they come to the process from nowhere and leave it only to mix with people again. In other words, there is nobody to assume responsibility for the final judgment. So, let me ask you: when we talk about enhancing credibility of courts, would it really happen in case of ungrounded or even silly decisions, with which judges would be constrained to agree?

Q: So, even if a professional judge does not agree with the verdict of jurors and states his or her position, this would not lead to any change of verdict?
A: No, it would not. Judge’s statements would not have a binding force because the verdict belongs to the people. But it is a double bluff, is not it? A commoner cannot argue with a professional lawyer for want of both relevant educational background and experience.
Americans are right because they are gradually reducing the institute of jurors. The court system has gone so far that any dispute between politicians and public officers necessarily falls into the hands of judges for the final solution.

Print
Other Stories
“MINISTER MAY HAVE BEEN NUDGED BY AMERICANS”

Statement which caused the uproar

When the results of the investigation were published, the people, politicians and experts were discussing whether the investigation was carried out fairly. Besides, if the government’s version is correct, eavesdropping devices were installed at Rustavi 2 TV with the knowledge of the management. Law enforcers must take this case to an end. Expert Alexander Tvalchrelidze is sure that the recording devices were not installed under the current authorities:
First Trilateral Summit-Level Meeting
Turkish Ambassador talked with Georgian Journal about visit of Turkish President

Abdullah Gül, President of the Republic of Turkey, paid his second official visit to Georgia. On the first day of the visit, the trilateral summit among Georgian, Turkish and Azeri Presidents took place. Georgian Journal seized the opportunity and recorded the interview right after the three-day visit of the Turkish President, with the Ambassador of Turkey to Georgia, H.E. Mr. Levent Gümrükçü.
Polish Book on Georgians and Abkhazians
Interview with the Ambassador of Poland to Georgia

Poland, together with the Czech Republic and Hungary, celebrates its 15th anniversary of joining NATO. With the V4 and Baltic States, Slovenia, Cyprus and Malta it celebrates its 10th anniversary of EU accession. Georgian Journal spoke with the Ambassador of Poland to Georgia, Mr. Andrzej Cieszkowski, about the EU, his challenges as a diplomat while living abroad for the second time and his first ambassadorial mission as well as about personal interests. Stay with us.
“I WARN YOU, THINK CAREFULLY!”
Interview with Austrian researcher and analyst, Eugene Kogan

What’s going on in Ukraine, what is Crimea’s destiny and how will the Ukrainian events influence Georgia? We discussed these questions with Eugene Kogan, Austrian researcher and a Realpolitik expert who is currently in Georgia and cooperates with Ministries of Foreign Affairs and Defense.
Ambition to have Ukraine as one’s own part
Below Ramaz Sakvarelidze, a political expert, answers Georgian Journal’s questions on the current situation of Georgia, the way of integration into Europe and signing of the Association Agreement. At the same time, we are concerned about the events in Ukraine, the political expert assesses risks that Georgia may face on its way into Europe while avoiding pressure and danger from Russia.
Sochi threatened
Russia created a special 11-km wide zone deep in occupied Abkhazia

For almost two months Sochi will host athletes, public figures and journalists from up to 90 countries.
VENI, VIDI, VICI
Interview with expert Kakhi Kakhishvili

We hope Bidzina Ivanishvili will stay neutral to the end and in case of reasoned criticism of authorities he will side with civil society. By the way, Ivanishvili kept one more promise and, on leaving, nominated Davit Narmania as the candidate for the Tbilisi Mayor’s post. We began the interview with expert Kakhi Kakhishvili with this issue.
HOW WAS THE NEW PROSECUTOR SELECTED?
Will the monster created by the previous powers disintegrate?

Last week Irakli Gharibashvili, candidate for the PM post, first named Otar Partskhaladze as the substitute for Chief Prosecutor, and then Alexander Chikaidze as the candidate for the post of Interior Minister. Why did the Chief Prosecutor leave his post? What do the cadre changes mean for us? Expert Kakha Kakhishvili shares his opinion:
Summoning Patience and Consistency

Exclusive Interview with Mrs. Elita Gavele, Latvian Ambassador to Georgia

It is always difficult to predict what will happen in the future. The easiest thing is to wait to make things clear. All we know at the present time is that we have a new president Giorgi Margvelashvili from the ruling party. Let's see what will change. However, there are many expectations and hopes for the better in the society that had a total feeling of injustice. Georgian Journal talked to Mrs. Elita Gavele, Ambassador Extraordinary and Plenipotentiary of the Republic of Latvia to Georgia and Armenia.

CRUSHING  OF NATIONAL  MOVEMENT WILL BE GRAVE MISTAKE
Interview with philosopher Zaza Piralishvili

Why the 2013 Presidential elections don’t resemble previous ones? Do the election programs, promises and political views of presidential candidates differ from one another? Below Philosopher Zaza Piralishvili dissects these issues.
“Prosecutors’ Office  Still a Black  Hole”
Interview with expert Soso Tsiskarishvili

Last week traditionally proved to be politically tense in Georgia. We witnessed Bidzina Ivanishvili’s “talk show” - this time featuring representatives of TV channels. In another development, MIA found an identity of the Jihad Video fabricator. Finally, the general assembly of the National Movement Party closed the week. Our interview with expert Soso Tsiskarishvili started with this event staged by the Nationals.
Russians Have Not Paid the Fee
In a live interview from New-York, President Mikheil Saakashvili said the following: “In the last weeks and months we lost more agricultural lands than in Kurta and Tamarasheni villages combined.”
Mikheil Saakashvili was the President during the August 2008 war too. So, he is supposed to be the most knowledgeable of all that during those tragic days Georgia was ripped of not just Tamarasheni and Kurta arable lands but around 20% of the country’s area! This loss should have been more than enough for any decent, homeland loving leader of the country to recognize the strategic mistakes he committed before and during the war, and resign.
PEOPLE’S ALREADY GETTING ANGRY
Mamuka AreshidzeInterview with expert

One year after the change in the ruling power, political pressure is rising in the country again. There are a plenty of reasons – promises are being fulfilled at a low tempo or not at all. In the given situation, the decision by PM Bidzina Ivanishvili to leave politics feeds into the public fear of future. We spoke with expert Mamuka Areshidze about this and other interesting topics:
EURASIAN UNION - NEW CIS
Interview with expert Soso Tsiskarishvili

Today the most urgent topic is whether Ivanishvili leaves or stays in politics. We discussed this and other topical issues with expert Soso Tsiskarishvili.
Demise of Nabucco

Eugene Kogen: I don’t see Georgia as a EU member for another 25 years to come…

”Nabucco was a victim of clash of interests in Brussels” – says South Caucasus security expert Eugene Kogen. In an exclusive interview, he talked about the demise of much-talked project of Nabucco pipeline and his own, skeptical view of Georgia’s Euro-Atlantic future.

‘I don’t Expect Any Major Response from USA...‘
Interview with Michael Cecire, associate scholar at the Foreign Policy Research Institute

- Former PM Vano Merabishvili, present-day UNM Secretary General, and ex-Healthcare Minister Zurab Chiaberashvili, currently Governor of Kakheti region, were arrested.
Georgia Targets on Innovations
Innovation Research and Development Council was created at Georgian parliament to base national economy on innovations in pursuance with the best world experience. The Council will peruse each innovation proposal and scientific work so as to use the country’s intellectual potential take its nich among developed economies.
Scandalous Detail of August War
Umpteenth violation of International Agreement on the part of the Kremlin

The August war in 2008 left indelible trace in the minds of many people world over thanks to a number of video and photo materials depicting Russians grabbing and taking away weaponry and military machinery of Georgian Army but this Blitzkrieg war had another episode, which did not take up the headlines. It should have caused an international scandal for sure. Now it’s late.
ne of the Georgian Army units which retreated from its Tskhinvali outskirts position in August 2008, brought 16 Strela-2 - man-portable, shoulder-fired, low-altitude surface-to-air missile system – to Tbilisi. This weapon was abandoned by Russian instructors and Ossetian separatists fighting Georgian troops.
PROSPECTS OF GEORGIAN-RUSSIAN DIALOG
After several-year interval Georgian-Russian dialog has ensued. What does Georgia expect from this dialog with 88% of its population, supporting relations with Russia? Answer to this question is intertwined with the reasons that conditioned increase of the supporters of the dialog with Russia while Russia as an image of enemy, is considered as a stigma for the last 20 years and not only desire of relations but even mentioning it in a slightly positive context, was almost equivalent of expulsion from the society.
‘TONE OF FOREIGN PRESS CHANGED CONSIDERABLY’
‘Akhalaia’s release in return for ambassadors is inadmissible’

There is a smell of new provocation in the air in Georgia that is called ‘religious confrontation’. Our compatriot Christians and Muslims declare that instigators are trying to aggravate the situation. This way or that way the authorities didn’t have adequate and timely reaction; we may get a result that even the instigators of this escalation didn’t want or expect. The expert Kote Zhgenti hopes that the situation won’t aggravate. According to him the authors of this artificial process don’t consider that interests of the country may be sacrificed to all this.
‘UNLESS WE HELP, SYRIA AND EGYPT WILL BE REPEATED’

‘Georgian authorities are doing everything for blood-shedding’

High-ranking diplomats and International Organizations can’t hide their concern about the events undergoing in the country. OSCE sees the signs of Leninism and according to Terry Benhem, an American expert on election issues, adviser of NGO ‘Open Democracy Committee’, the voters’ lists, fines and rule of law are under a question mark in Georgia.

 

GEORGIAN PERIODICALS IN CIVIL WAR MODE

Interview with Mamuka Areshidze, political scientist

 

Everybody and everything in Georgia are in possession of pre-election fever. The authorities being under time pressure because of Ivanishvili’s unexpected appearance in politics can’t cope with issuing fines or other sanctions. It seems they hope in Saakashvili’s team that victors are not judged… We are talking about the peripety in Georgian politics with political scientist Mamuka Areshidze.

LOBBYISTS’ WAR FOR GEORGIA

Why didn’t Saakashvili have face-to-face meeting with State Minister?

Against the background of recent appointment/sacking process conducted by the authorities, UN General Assembly’s resolution on Georgia was left beyond public attention. With this issue we began our interview with Mamuka Areshidze, an expert of Caucasian issues:

“Sarkozy Was Minister of Internal Affairs Too Before Becoming President”

Appointment of currently former Minister of Internal Affairs Vano Merabishvili to the post of Prime-Minister of Georgia overshadowed nearly all other recent political events. Is it promotion of Vano Merabishvili or downgrading of his power? We put this question on the top of issues discussed in our interview with political expert Soso Tsiskarishvili.

ISSUE OF IRAN OR DEMOCRACY IN GEORGIA?

Expert Ramaz Sakvarelidze on Mrs. Clinton’s visit to Georgia

We began our interview with expert Ramaz Sakvarelidze with recent hullabaloo about National Exam Center. We’ll remind you that Dimitri Shashkin, Minister of Education of Georgia sacked Maia Miminoshvili, head of National Center.

PHOTO OF THE DAY
Exchange Rates
GEL Exchange Rate
Convertor
17.09.2018
18.09.2018
USD
1
USD
2.6128
2.6156
EUR
1
EUR
3.0578
3.0498
GBP
1
GBP
3.4296
3.4259
RUB
100
RUB
3.8669
3.8379
Other Stories
GEL Exchange
USD
1
USD
2.6156
EUR
1
EUR
3.0498
GBP
1
GBP
3.4259
RUB
100
RUB
3.8379
September 2018
Mon Tue Wed Thu Fri Sat Sun
1 2
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30