The Classic Jury, Its Political Nature and Victims’ Rights

Abstract

This essay offers a critical review of the draft bill that proposes introducing the classic jury trial model into Argentina’s federal justice system, highlighting the tensions this model creates in relation to victims’ rights. It examines the political nature of the system, reflected in unreasoned verdicts that cannot be appealed by the prosecution, which may undermine constitutional guarantees of access to justice and effective judicial protection for crime victims. From this perspective, the essay discusses the risks of jury nullification, especially depending on the type of crime judged and its impact on victims from historically vulnerable groups. It concludes by suggesting the need to rethink the jury model in light of current standards of the Inter-American human rights system.