Structural and Functional Characteristics of Courts in National and US Criminal Proceedings

Authors

  • Giorgi Kvaratskhelia Grigol Robakidze University

DOI:

https://doi.org/10.52340/zssulaw.2023.01.05

Keywords:

Judicial system, Comparative Legal Analysis

Abstract

The court holds a position of critical importance in Georgia, as it does in most countries around the world. It transcends a mere institution; beyond administering justice, the court represents one of the state's branches of government, known as the judicial branch. Long-standing observation reveals that the effective operation of the court, along with its independence and impartiality, is vitally important for the legal state's functionality.

The primary function of the court is the administration of justice. Specifically, the court resolves dispute among individuals, between individuals and legal entities, and among legal entities themselves. Moreover, it adjudicates criminal cases, issuing verdicts of guilt or innocence (verdicts, in the case of jury involvement). Concurrently, the court addresses cases pertaining to administrative law. All these activities are aimed at embedding the principles of justice and legality into daily life, which, in turn, ensures the peaceful, predictable, and stable existence of citizens.

The judicial system and its myriad complexities consistently remain at the forefront of discussion for both practicing lawyers and legal theorists. The impetus for this article is twofold: its timely relevance and our keen interest in the subject matter. Crafted in Georgian, it targets primarily Georgian-speaking readers, yet it draws upon a rich tapestry of sources in both Georgian and foreign languages, including articles, monographs, and collaborative works. Our exploration centers on the structural and functional features of the judiciary, with a particular focus on comparisons between national (Georgian) and foreign (U.S.) contexts, especially within the realm of criminal proceedings. To navigate through this analysis, we employ a blend of descriptive and comparative research methodologies, while also interjecting personal perspectives on a range of pertinent issues.

Author Biography

Giorgi Kvaratskhelia, Grigol Robakidze University

PhD Student

References

Constitution of Georgia, August 24, 1995.

Igor Kveshelava, Edisher Gvenetadze, "Political, Legal, and Historical Aspects of the Constitutional Development of Georgia."

Organic Law of Georgia on Common Courts, December 4, 2009, consolidated publications November 15, 2023.

Demetrashvili Avtandil, Kobakhidze Irakli, "Constitutional Law," Tbilisi, 2010.

Getsadze Gia, "Forms and Types of Constitutional Control," Journal "Man and Constitution," N 1, Tbilisi, 1998.

Pakte Pierre, Melen-Sukramanian Ferdinand, "Constitutional Law," edited by Avtandil Demetrashvili, Tbilisi, 2012.

Gugava Asmat, "Proceedings in Common Courts," Tbilisi, 2014.

Collection of Authors, "Commentary on the Criminal Procedure Code," Tbilisi, 2015.

Criminal Procedure Code of Georgia, October 9, 2009, consolidated publications November 16, 2023.

Ibid.

Decision of the Plenum of the Constitutional Court of Georgia N 3/2/1478, December 28, 2021, Batumi.

Explanatory Dictionary of Basic Legal Terms, Bureau of the Chairman of the Tbilisi Court of Appeal, Tbilisi, 2010.

Resolution of the High Council of Justice of Georgia N 3, June 16, 2020, Tbilisi

Resolution of the High Council of Justice of Georgia N 10, August 11, 2020, Tbilisi

Irakli Gabisonia, Jemal Gabelia, "Some Issues of Selection and Sentencing," International Peer-Reviewed Scientific-Practical Journal "Jurist," N2, 2017

Irine Bokhashivili, "Pre-Trial Hearing in Criminal Proceedings," Law Journal N1, 2017.

Decision of the Plenum of the Constitutional Court of Georgia N3/1/608,609, September 29, 2015, Batumi.

Irine Bokhashvili, "Problems of Criminal Appeals," dissertation submitted for obtaining a scientific degree of Candidate of Legal Sciences, Ivane Javakhishvili Tbilisi State University, Tbilisi, 2003.

Merab Kartvelishvili, Head of Research, "Standards for the Use of Preventive Measures," Georgian Young Lawyers' Association, Tbilisi, 2020.

Goga Khatiashvili, Author of the Study, "Rights of the Victim in Criminal Proceedings (Georgian Legislation, Practice and International Approaches)," Georgian Young Lawyers' Association, Tbilisi, 2016.

Nino Lekiashvili, "Problems of Realization of Presumption of Innocence as the Most Important Principle of Criminal Proceedings," thesis for obtaining master's degree in law, Caucasus International University, Tbilisi, 2020.

Convention on the Elimination of All Forms of Discrimination Against Women, international treaty and agreement of Georgia, November 25, 1994.

Chubinidze Natia, "Covert Investigative Actions and Privacy," Tbilisi, 2019.

Toni-Jaeger Fine, "The U.S. Legal System: The Basics," Carolina Academic Press, 2021.

Tony M. Jaeger Fine, "American Legal Systems: A Resource and Reference Guide," Carolina Academic Press, 2020.

Hemant Sharma, John M. Scheb, An Introduction to The American Legal System, Wolters Kluwer Legal & Regulatory U.S. 2020.

Thomas R. Van Dervort, David L. HUDSON, Law and Legal System, An Introduction to Law and Legal Studies in The United States, Kluwer Legal & Regulatory U.S. 2012.

Lawrence M. Friedman, American Law an Introduction, Second Edition, W.W. Norton & Company, 1998.

Sir Mark Hedley, Modern Judge, Power, responsibility and society`s expectations, Jordan Publishing the Limited, 2016.

Rafael Leal-Arcas, International Trade and Investment Law, Multilateral, Regional and Bilateral Governance, Elgar Publishing, incorporated, Edward, 2010.

George C. Thomas, Double Jeopardy: The History, The law, NYU Press, 1998.

Gary Falkowitz, The Complete Guide to Law Firm Intake, Expert Press, 2018.

David G. Savage, Guide to The U.S. Supreme Court, Fifth Edition, CQ Press, 2010.

Daniel j. Meador, Maurice Rosenberg, Paul D. Carrington, Appellate Courts, The Michie Company.

Gary D. Solis, The Law of Armed Conflict, International Humanitarian Law in war, Cambridge University Press, 2021.

N. E. H. Hull, William James Hull Hoffer, Peter Charles Hoffer, The Supreme Court an Essential History, University Press of Kansas, 2007.

Elder Witt, Joan Biskupic, Guide to The U.S. Supreme Court: 001, CQ Press an Imprint of SAGE, 1996.

Alpheus Thomas Mason, Jr. Stephenson Donald Grier, American Constitutional Law, Routledge, 2017.

P. E. O. Oguno, Principles of Constitutional Law, AJPO journals and books publishers.

E. Allan Farnsworth, Introduction to the Legal System of the United States, Fourth Edition, Oxford University Press, Incorporated, 2010.

David L. HUDSON, Constitution Explained: A Guide for Every American, Visible Inkpress, 2022.

Stephen J. Adler, The Jury, Trail and Error in The American Court Room, Crown Publishing Group T.H.E. 1994.

Raymond Wax, Philosophy of Law: A Very Sort Introduction, Second Edition, Oxford University Press, 2014.

Lawrence M. Friedman, The Gig Trial, Law is Public Spectacle, University Press of Kansas, 2015.

Published

2025-02-02

Issue

Section

Articles