judiciary reforms (1864) Flashcards
what did emancipation also demand
-an overhaul of the law in particular concerning property rights + change in the administration of local justice
-formerly been in the hands of a judge examining written evidence prepared by landowner + police
previous system
-no jury system
-no lawyers
- no examination of witnesses
-accused considered guilty until proven innocent
-judges decision final
new system modeled on west(equality)
-equality before law established with single system of local provincial and national courts
-accused was presumed innocent until proven guilty + could employ a lawyer to defend himself
volost courts
dealt exclusively with peasant cases
criminal cases
-criminal cases were heard before barristers and a jury, selected from lists of property owners
judges
appointed by the tsar and given improved training and pay
local justices of the peace
elected every 3 years by the zemstva + were to be independent from political control
positive of new system
-fairer, less corrupt–> public flocked to open courts
- new opportunity arose for articulate lawyers of intelligentsia to criticise regime
-lawyers=celebrites in their own right
courts
-opened to the public and proceedings could be freely reported
-national trials were recorded in a government newspaper–> ‘russian courier’
negative of new system
new juries sometimes acquitted the guilty because they sympathised with their plight
-trial by jury was never established in poland, the western provinces and the Caucasus
-ecclesiastical and military courts were excluded from the reforms
-peasantry in the Volost courts were still treated differently from those of higher status