Structural and Functional Characteristics of Courts in National and US Criminal Proceedings
Year: 2025
Type: article
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: Giorgi Kvaratskhelia
Institution: Grigol Robakidze University
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: gold
OpenAlex ID: W4407089709