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The Restriction of Judicial Investigative Remand in Russia: The Role of Cultural Values in Citizen Acceptance and Perceived Fairness
Authors:Olga B. Semukhina  K. Michael Reynolds
Affiliation:1. Department of Social and Cultural Sciences , Assistant Professor, Marquette University , P.O. Box 1881, Milwaukee, WI, 53201–1881 Phone: (414) 288–3439 Fax: (414) 288–3439 E-mail: olga.semukhina@marquette.edu;2. Criminal Justice and Legal Studies, College of Health and Public Affairs , Associate professor, University of Central Florida , HPA I, Suite 311, Orlando, FL, 32816–1600 Phone: (407) 823 2943 Fax: (407) 823 2943 E-mail: kreynold@ mail.ucf.edu
Abstract:In 2001, the Russian Criminal Procedure Code was substantially reformed and replaced the 1960 Criminal Procedure Code of the RSFSR. One major reform element was a revocation of the trial judge's authority to remand a case for additional investigation, which had been allowed by the Soviet criminal procedural code. Our study examined citizen support for limiting the judge's remand authority. A self‐report survey was administered to a representative sample of the Russian Federation (N=1,640) during the summer of 2006. Structural‐ equation modeling was used to analyze the results. Two research hypotheses were evaluated: 1) citizens with a collectively‐oriented value system would reject the reform as unfair, and 2) those with individualistically‐oriented values would perceive it as fair; both were validated. More than one‐half of respondents (62.3%) reported the reform as unfair. Collective social values still prevail in Russian society and influence citizen support for the adoption of adversarial criminal procedural reforms. However, we also found individualistic values are increasing in younger age groups and among males.
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