1) What does the Jury Trial consist of?
It is a type of criminal prosecution where a group of citizens outside the judiciary must define whether the fact under investigation existed, and whether the accused is guilty or not.
In our country, the jury trial system has been contemplated in the National Constitution since its beginnings in 1853, however, it has only been applied in ten provinces of the Argentine Republic, such as Córdoba, Buenos Aires, Neuquén, San Juan, Chaco, Mendoza, Río Negro, Entre Ríos, Chubut and the Autonomous City of Buenos Aires, which joined in October 2021.
In fact, the new Federal Criminal Procedure Code, which, although not yet in force in its entirety, also contemplates jury trials in its article 282, and is being implemented progressively in some provinces such as Salta and Jujuy .
2) How is the jury formed? what is your function?
Although, in our Argentine criminal system, the operation of the jury depends on each province, people are selected by lottery from a list prepared by the electoral justice system based on the registry, which includes all citizens over 21 and under. 75 years old.
In the Province of Buenos Aires, the jury is made up of twelve members and six substitutes.
The jury is made up of gender parity, the same number of women and men, and with substitutes, who can be excused in certain cases, such as a health problem. Likewise, there are some exceptions in which you cannot be a member of the jury, such as members of security forces, elected officials or employees of the Judiciary.
In general terms, What the jury determines is whether the crime existed and the guilt of the person. In most cases, The penalty is established by the judge, who is in charge of the entire process and instructs the jury, explaining their role and maintaining order and discipline of the parties during the process.
It is worth clarifying that, during the trial, the jury is only a mere observer, without the possibility of intervening in the allegations and presentations of the parties.
In the province of Buenos Aires, for the jury to declare a person guilty, ten of the twelve members must agree and for a sentence of life imprisonment unanimity is needed. In the event that an agreement is not reached, a “watertight jury” can be declared and there are a series of measures to get out of that situation.
Now, if the jury declares that the person is not guilty, this decision cannot be appealed and the person is definitively acquitted. If he is found guilty, however, the defense can appeal and reach higher authorities.
It is important to mention that there are several models of jury trials, such as the “Anglo-Saxon” jury (classical jury); “escabinado” jury (made up of laymen and technical magistrates); “mixed” jury (combination of the Anglo-Saxon and mixed jury); among others.
3) In what cases is the trial by jury?
In general, in very serious cases. For example, in the province of Buenos Aires, it is planned for cases that may have a sentence of more than fifteen years and the accused can reject it, that is, he can choose to be tried by technical judges.
The case of the province of Córdoba is different, where a jury trial is mandatory in cases of “economic crimes, acts of corruption and aberrant crimes”, such as sexual abuse followed by homicide. While in the province of Neuquén it is also mandatory when the Prosecutor’s Office requests a sentence greater than fifteen years.
Therefore, it depends on the jurisdiction where we are located.
4) What is the current Government’s project on this issue?
According to the project, jury trials will be mandatory for all crimes that have a maximum penalty in the abstract greater than five years in prison, and those that coincide with them according to the rules of articles 54 and 55 of the Penal Code of the Nation, provided that they must be judged simultaneously with them.
The proposal aims for a court of twelve regular members and at least two substitutes, directed by a judge who may order that there be more substitutes according to the complexity of the case or the possible temporary extension of the trial.
The jury will be divided equally between men and women, and it is noted that the sex will be determined by what appears on your National Identity Document.. Furthermore, the debate will be entirely video-recorded under penalty of nullity, except for the deliberation.
5)What are the pros and cons of trial by jury?
Proponents of jury trials emphasize the importance of citizen participation in criminal justice and that it brings them closer to seeing how justice is applied in practice. They also highlight that lawyers and actors in the judicial system are forced to use clearer language so that citizens understand it, which leads to greater transparency in the system. In addition, judicial operators are forced to work and be more present on cases to avoid unjustified delays.
Among the critics of this system are those who understand that citizens are not prepared to administer justice; that those could tend towards the “hard line”, especially since the most violent crimes will be treated under this modality; that unmotivated verdicts prevent subsequent review; that citizens are influenced, and cause difficulties derived from isolation during the development of the trial.
by CEDOC
