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Lay Judges to Join Bench in Japan

Will citizens temper Japan's courts, where 99.9% are found guilty?

By Jonas Oransky,  Newser Staff

Posted Aug 25, 2007 8:38 AM CDT
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(Newser) – Japan will give citizens the gavel in an effort to counteract its judicial system’s prejudice for presuming guilt. Six citizens and three trained jurists will sit on criminal cases, and the majority will rule, Bloomberg reports. The new system follows a clamor of criticism about forced confessions, inhumane treatment of death row inmates and Japan’s 99.9% conviction rate.

The UN, the Council of Europe and several human rights groups have all taken note, and even the island nation’s bar association has called for a moratorium on executions until action is taken. A top Supreme Court official said lay judges would lower the conviction rate, but some activists were unsure. In a mock trial to test the system, citizens wanted to lengthen the offender’s sentence.

Similar programs utilizing ordinary citizens as judges have been implemented by Germany and Norway. It assures a more open and transparent process, according to Norwegian Public Prosecutor Linda Myrdal.
Similar programs utilizing ordinary citizens as judges have been implemented by Germany and Norway. It "assures a more open and transparent process," according to Norwegian Public Prosecutor Linda Myrdal.   (Index Open)
To curb legal system abuses, the government plans to team citizens up with professional judges for cases as serious as rape and murder.
To curb legal system abuses, the government plans to team citizens up with professional judges for cases as serious as rape and murder.   (Index Open)
Under the new program, ordinary Japanese citizens would serve as judges, teamed with professional jurors. Once lay citizens start participating in trials, the conviction rate will decline, said Tomonao Onizawa, councilor general at the Supreme Court.
Under the new program, ordinary Japanese citizens would serve as judges, teamed with professional jurors. "Once lay citizens start participating in trials, the conviction rate will decline," said Tomonao...   (Index Open)
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Japan Times (Japan)

 
United Nations • human rights • Japan • execution • conviction • judge • Council of Europe • death row • confession

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