judiciary reforms (1864) Flashcards

1
Q

what did emancipation also demand

A

-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

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2
Q

previous system

A

-no jury system
-no lawyers
- no examination of witnesses
-accused considered guilty until proven innocent
-judges decision final

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3
Q

new system modeled on west(equality)

A

-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

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4
Q

volost courts

A

dealt exclusively with peasant cases

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5
Q

criminal cases

A

-criminal cases were heard before barristers and a jury, selected from lists of property owners

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6
Q

judges

A

appointed by the tsar and given improved training and pay

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7
Q

local justices of the peace

A

elected every 3 years by the zemstva + were to be independent from political control

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8
Q

positive of new system

A

-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

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8
Q

courts

A

-opened to the public and proceedings could be freely reported
-national trials were recorded in a government newspaper–> ‘russian courier’

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9
Q

negative of new system

A

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

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