Jury System In Japan

Jury System In Japan
What trial is Lay Judge used for?
Murder
Robbery causing death or injury
Causing injury resulting in death
Dangerous driving resulting in death
Arson
Kidnapping for ransom
Abandonment by a Person Responsible for Protection
Illegal drugs
2. Discussion - 評議
What is Lay Judge (Saiban-in)
- What is difference between Lay Judge and a Jury?
→Lay Judge decides the sentence and Verdict, While Jury only decides Verdict.
Japan started using Lay Judge System from Spring of 2009
My Opinon
Pro (Positive)
- Its great way to familiarise justice & order process to ordnary citizen
- It tries to portrait everyone's opinion
-> Fair
- Because Lay Judges are randomly selected, it combats corruption.

My opinon
Cons(Negative):

- Emotional stress for Lay Judges.
-> Trials might be rushed through to reduce stress for Lay Judge.
-> Further injustice in trials system.

- Not fair because lay judge produces stricter sentence
How long does it take to complete a single jury service?
Answer Usually 3 ~5 days. The trial length averages around 24 hours.
Who can be Juries in Japan?
- You have to be over 20 and under 70
- You cannot be a professional at law. (example judge)
- You cant be a police officer or officer of self-defense force.
- You cant be a student.
- You cannot be a convicted criminal
Etc...
Real Life Examples & Problems with the system
Jury
Lay Judge
Our verdict is Guilty,
We vote
5 Years In Prison
Our Verdict is
Guilty
Is there a Jury System in Japan?
12 Angry Men
ME
So Who can be a Lay Judge In Japan?
Lay Judge System
裁判員制度
Yes! and its called
So YOU are not an exception when you grow up...!
Some of crimes can be punished by death penalty
- Discuss whether defendant is guilty or not guilty.
- Assess the amount of sentence
- Majority wins if there is any conflict
- Majority side most have at least 1 judge supporting the side
1. Hearings - 公判
- Same as with any members, They will hear the trial
- Lay Judges can ask the defendant questions if they wish
six saiban-in and three professional judges
What is actually happening
Can you talk to other people?
Yes, you can to people who are closed to you. But you are never allowed to publish about it.
Only 1.9% of all criminal trials in Japan is done using lay judge system
Because the system portraits how general population is thinking about a case. It's often strict
Some details are very stressful to listen to at the trials
They rush the trails when its a Lay Judge system
2000000yen
* defendant = person or entity accused of commiting a crime
Not Guilty
Guilty
1 Proffesional Judge
4 Lay Judge
2 Lay Judge
2 Proffesional Judge
Not Guilty
Guilty
0 Proffesional Judge
4 Lay Judge
2 Lay Judge
3 Proffesional Judge
Example of Lay Judge Problem
In July 2012, lay judges at the Osaka District Court handed down a 20 year prison sentence to a man with Asperger’s syndrome, a type of autism, for committing murder even though the prosecution had only demanded 16 years. That ruling came under criticism, and the Osaka High Court later reduced the sentence to 14 years. This case highlighted the importance of public prosecutors and defense lawyers fully explaining to lay judges the effects of any mental illnesses or other medical conditions that defendants may have and how they might have influenced their behavior.
I have mixed feeling about lay judges.
What is your opinon...?