The Role of the Jury in Expanding Public Freedoms

Abstract

The establishment of a jury in the judicial system, particularly in the adjudication of political and press-related offenses, can serve as a safeguard for public freedoms. However, the mechanism by which this jury is selected and its orientation can influence societal perception, potentially either supporting or undermining public freedoms. In Iran, despite the longstanding presence of the jury institution, it has yet to achieve an appropriate standing, with the roots of this issue lying in the selection process of its members and the lack of clarity regarding its jurisprudential foundations. The structure and function of the jury are based on the popular election of members, the judge's attention to their decision, the absence of judicial expertise, and the lack of intervention by jury members in the judgment itself. The jurisprudential perspective on this matter has not yet been adequately defined within Iranian law. Therefore, given the sensitivity and importance of public freedoms, the establishment of an independent jury in political and press trials could at least partially guarantee this aspect of freedoms in Iran.