Problems of prosecutorial strategy in jury trials: A situational approach

Abstract

The article reveals the problems of enhancement of efficiency of prosecutor’s activity during court with participation of jurors and offers the ways of their solution on the basis of development of the strategy of state charge maintenance. The notion of strategy of maintaining state charge in a jury trial has been developed and the essence of its applied meaning has been revealed. The structure of strategy has been determined and the contents of its elements depending on the emerging judicial situations. Familiarization with the pre-trial investigation materials by prosecutor as a basis for building the strategy of state charge maintenance has been proposed to divide into two stages: initial information review and building the evidentiary basis. Judicial situations depending on the existing informational and psychological context of court proceedings with the participation of jurors were singled out and characterized as well as the ways of their solution were worked out. The most effective procedure of evidence presentation during the jury trial according to the chronology of crime development has been determined on the basis of modeling; the problem of surprise factor has been considered and the ways of its solution from the situational approach have been suggested; a number of tactical and psychological techniques of presenting indirect or contradictory evidence during the jury trial have been suggested. The typical models of behavior of the defense during the jury trial, illegal and acceptable ways of psychological influence of the defense have been identified. The analysis of defense lawyer’s activity aimed at “scandalization of justice” has been performed on the basis of the judicial practice study. On the example of typical situations arising during the formation of the jury panel the role of realization of the state prosecutor’s strategy in the situational model of court proceedings with the participation of jurors is shown.