Judicial Reforms - Alex II

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  • Created by: Fern
  • Created on: 08-04-14 13:37

Judicial Reforms - Alex II

Causes

  • Before the emancipation occurred, serfs had no access to the legal system and could be punished without trial according to the landowner's wishes.
  • As such, after 1861 a whole new judicial system had to be established to fill this void.  However, at first this new system was corrupt and inefficient.
  • Unpaid judges were often happy to take bribes, and as such the financial state of the criminal made a great difference to their conviction. They were also often former landowners - meaning they personally new the criminal and had personal prejudices against them, inhibiting justice.
  • They were also rarely highly-trained, further increasing their inefficiency.
  • There was no right of appeal, and no jury system. This increased the influence corrupt and inefficient judges had on the legal system.

Effects

  • In 1864 a new Judicial structure was introduced.
  • Judges were paid high salaries, reducing their inclination to accept bribes, and a legal profession developed - this increased the standard of judges as their position was now a career to be taken seriously and professionally.
  • However, this new legal profession quickly became a key aspect of the intelligentsia due to the fact that it was occupied by a number of skilled and educated individuals. They quickly became critical of the impulsive and inconsistent actions of the government.  The government had created its own opposition - again!
  • Justices of the Peace were created to hear minor cases, and this role was elected by the Zemstvo. Village courts also played a key role in justice implementation regarding minor crimes. Trial by jury was also introduced for criminal cases.
  • All these developments meant that justice was seen both by the people and the international community as an aspect of Russian society that was swift, cheap and impartial.
  • However, regression was encountered due to the government's resentment of the oppositional nature of the legal profession, and also the fact that juries sometimes refused to convict people who had committed offences against the state in opposition to the autocratic regime.
  • In response, the government introduced a greater use of a courts-martial system -
  • Far less democratic or fair, for political cases. Alexander III later also introduced Land Captains to replace Justices of the Peace in 1889 - they were appointed by the Minister of the Interior and as such far easier to control.

Overall summary

The judicial system in Russia certainly improved substantially - at first. Trial by jury and the establishment of a trained legal profession played a key role in ensuring that justice was "fair, cheap and impartial". However, the judiciary's criticism of the government, and the tendency of Jury's not to convict for political crimes led the government to reestablish a more autocratic approach - using court-martials and later, under Alexander III, Land Captains. After these changes, the reform can be seen as substantial but limited. 

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