Editorial
Citizens' lay judge experiences should be put to good use
One year has passed since a system under which citizens selected from the general public participate in the trials of some serious crimes along with professional judges was introduced on May 21, 2009. An overwhelming majority (96.7 percent) of citizens who participated in criminal trials as lay judges up to the end of last year felt that they had good experiences, according to a survey conducted by the Supreme Court.
"As a member of the public, it was a pleasant experience for me to closely think about social issues," one respondent said.
"Each lay judge was able to express their opinions, reflecting on all sorts of experiences that they had through their lives," another said.
The lay judge system appears to have made a good start, as most legal experts have given it positive feedback.
Experts are paying close attention to the tendencies of rulings handed down in citizen-judge trials, which are different from those handed down by panels of only professional judges. For example, lay-judge trials for cases of rape resulting in injury tend to result in severer sentences than those involving only professional judges. This apparently reflects citizens' tendencies to place more emphasis on the victims' suffering.
However, there are a growing number of cases where a panel of citizen judges and professional judges place defendants under probation in handing down suspended prison terms on them. Convicted parties placed under probation are required to regularly meet with professional or volunteer probation officers to receive guidance. This trend suggests that numerous citizens are placing more emphasis on efforts to rehabilitate criminals in addition to their punishment.
As it has long been pointed out that there is a shortage of citizens who are willing to serve as volunteer probation officers across the country, the government is urged to take into consideration this trend in determining the order of priority measures in its penal policy.
At the same time, however, various problems involving the lay judge system have surfaced. The proceedings of narrowing down the points of contention and evidence prior to trials have been prolonged since the introduction of the lay judge system. The period of such proceedings, which had stood at 3.4 months on average, was extended to 4.2 months since the system was introduced.
This is attributable mainly to intensifying bargaining between defense counsels and prosecutors and courts' cautious handling of trials involving citizen judges.
As a result, only one in four criminal defendants subject to citizen judge trials -- who were indicted between the time when the system was introduced and the end of March this year -- had been handed rulings in their trials during this period.
Delays in opening trials are unfavorable for defendants. To avoid such delays, prosecutors are urged to proactively release evidence, which will allow defense counsels to clarify their argument at an early date. Courts and all relevant parties should step up efforts to facilitate criminal procedures.
A record nine-day trial involving lay judges was held at the Kyoto District Court from May 10. Obviously, the lay judges who participated in the trial felt the proceedings were extremely long.
It was expected that some citizen judge trials will take a long time, such as those in which defendants plead not guilty to the charges and the death penalty is sought for defendants. However, courts should care for the health and mental conditions of lay judges, particularly those who will participate in such burdensome trials.
The system will be subject to a review after three years have passed since its introduction. It is necessary to check if defendants' rights, including their right to defend themselves, are strictly protected in lay judge trials. Moreover, a relaxing of lay judges' overly strict duty of confidentiality should be considered. Unless citizens who have served as lay judges talk sufficiently about their experiences, it is impossible to deepen the public's understanding of the system.
If the lay judge system continues to be smoothly implemented in the medium- and long-term, it will open the way for members of the public to participate in civil trials, an issue that the government should consider in the future.
(Mainichi Japan) May 21, 2010