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Let’s talk about the impartiality of the judge, is the public opinion an argument in favor of the jury trial? An analy...
ISSN: 2545 - 8817
Publisher: author
Let’s talk about the impartiality of the judge, is the public opinion an argument in favor of the jury trial? An analy...
Indexed in
Law and Political Sciences
ARTICLE-FACTOR
1.3
Article Basics Score: 2
Article Transparency Score: 3
Article Operation Score: 2
Article Articles Score: 3
Article Accessibility Score: 2
SUBMIT PAPER ASK QUESTION
International Category Code (ICC):
ICC-1002
Publisher: Universidad De San Andrés
International Journal Address (IAA):
IAA.ZONE/2545115498817
eISSN
:
2545 - 8817
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Abstract
In this article I will present the reasons why the public opinion, far from being an argument against the jury trial, is an argument against professional judges. One of the most common arguments for denying the possibility of applying the jury trial is that the jurors will be influenced by the public opinion, which could noticeably compromise certain constitutional guarantees in the criminal procedure, such as the guarantee of the impartial judge. To do so, I will start by approaching briefly the guarantee of the impartial judge. Then, I will review the issues pertaining to the jury trial, its method of selection and its decisions. Afterwards, I will proceed to examine the spiral of silence theory, formulated by Elisabeth Noelle-Neumann. Finally, I will build a bridge between this theory and the criminal procedure with and without a jury trial. The purpose of this text is to analyse the public opinion and its influence in the criminal...
