Reflections on Russia\u27s Revival of Trial by Jury: History Demands That We Ask Difficult Questions Regarding Terror Trials, Procedures to Combat Terrorism, and Our Federal Sentencing Regime

This Article begins by discussing the nineteenth-century origins of trial by jury in Russia and the changes the system endured until the October 1917 Revolution, focusing particular attention on both the progressive exclusion of political crimes from the jurisdiction of the jury and use of alternative judicial procedures for such crimes. Next, the Article outlines the fundamental principles of the inquisitorial criminal justice system, which defined and dominated Soviet jurisprudence. Part I concludes by addressing Russia\u27s revival of trial by jury in 1993, the specific characteristics of its new jury system, the other monumental criminal justice reforms of the 1990s, and the struggles that Russia now faces with respect to the implementation of those reforms. After developing Russia\u27s juridical history as a historical lens, Part II uses this lens to focus reflections on terror trials, procedures to combat terrorism, and the federal sentencing regime in the United States

Introduction

At Seattle University School of Law’s Symposium on Racial Bias and the Criminal Justice System, students, faculty, judges, scholars, lawyers, and community members gathered to address racial disparity in the criminal justice system and to explore ways to keep the promise of our democracy that we all are equal before the law. Race, ethnicity, skin color, and national origin profoundly influence our legal structure and our liberty. The way that race influences perceptions and actions is critically important in the context of our criminal justice system—a system that changes lives, disrupts and protects communities, and represents a key part of our struggle for justice