The Participation of the Social Factor in Sentencing in the Historical and Law-Comparative Perspective

Abstract

The article concerns the historical and comparative analysis of the institutions of jury and lay judges as basic forms of the participation of social factor in sentencing, referring mostly to English, German and Russian examples. The article discusses both advantages and disadvantages of these institutions as well as procedural issues of their functioning and the jurisprudence of the European Court of Human Rights in regard to this matter. In conclusions, a fundamental role of public participation in sentencing as the indication of democratic exercise of power is emphasized.