Popular Participation in Japanese Criminal Justice: From Jurors to Lay Judges (Palgrave Advances in Criminology and Criminal Justice in Asia)

This book analyses the mixed courts of professional and lay judges in the Japanese criminal justice system. It takes a particular focus on the highly public start of the mixed court, the __saiban-in s__ystem, and the jury system between 1928-1943. This was the first time Japanese citizens participated as decision makers in criminal law. The book assesses reasons for the jury system's failure, and its suspension in 1943, as well as the renewed interest in popular involvement in criminal justice at the end of the twentieth century. __Popular Participation in Japanese Criminal Justice__ proceeds by explaining the process by which lay participation in criminal trials left the periphery to become an important national matter at the turn of the century. It shows that rather than an Anglo-American jury model, outline recommendations made by the Japanese Judicial Reform Council were for a mixed court of judges and laypersons to try serious cases. Concerns about the lay judge/__saiban-in__ system are raised, as well as explanations for why it is flourishing in contemporary society despite the failure of the jury system during the period 1928-1943. The book presents the wider significance of Japanese mixed courts in Asia and beyond, and in doing so will be of great interests to scholars of socio-legal studies, criminology and criminal justice. Acknowledgements 6 Contents 7 Introduction 9 1: A New Chapter in Japanese Social and Legal History 12 2: An Earlier Experience of Lay Involvement in Court Decisions in Japan: The Jury 1928–1943 17 The Reception of Western Laws and Consideration of Juries 17 The Jury 23 Explanations for the Failure of Juries 27 Judges, Prosecutors and Lawyers 30 Reduction in Promotion to the Public 32 Cultural Features 32 Historical Explanations 34 The Post-War Years 39 References 42 3: Disquiet About Japanese Criminal Justice and a Revival of Interest in Juries 44 The “Death Penalty Retrial Cases” and Improperly Obtained Confessions 46 Confessions, Courts and Juries 51 Doubts About Judges 52 Other Arguments That Were Advanced for Juries 56 Widening Interest in Lay Participation, but Failure to Become a Major Political Issue 57 References 59 4: The Debate About Juries 62 Kanson mimpi and Unjustified Verdicts 63 Social Status, Debate, and Harmony 66 “Mura Mentality” and Uchi Groups 69 Minorities and Prejudice 70 Remoteness of Law 72 Other Strands in the Debate 73 References 75 5: The Judicial Reform Council and Its Recommendations 78 Background to the Judicial Reform Council 78 Calls for Fundamental Reforms of the Legal System 79 The Judicial Reform Council 80 The Report 83 The Influence of Continental Europe 87 A Basic Structure for Reform 89 Wider Reactions to the JRC Blueprint 90 References 93 6: The Saiban-in Law and Intense Preparation for Its Operation 95 How Many Judges and Lay Members? A Subject of Some Disagreement 95 The Saiban-in System Put into Law 96 Offences Tried by Saiban-in 97 How District Courts Function with Saiban-in 98 Selection of Lay Judges 98 The Role of Saiban-in 100 Creating the “Appropriate Environment” 103 References 109 7: Launch and Then Solid Progress 110 Constitutional Uncertainty Removed 111 Predictions of Failure Confounded 113 A New Court and a Fresh Advocacy 115 References 118 8: Concerns and Challenges 119 Cases Suitable for Lay Judges 119 Sentencing 120 Sentencing of Juveniles 123 The Death Penalty 124 Evidence 128 The Media 130 Disparity Between Prosecutors and Attorneys 131 Pre-trial Meetings 133 Disclosure 134 Too Little Time 135 Excessive Influence of Professional Judges 136 Single Phase Hearings and Victims 138 Restrictions on What Saiban-in May Disclose 140 Voluntariness of Confessions and Electronic Recording 142 Adequate Translation for Foreign Defendants 146 Should Trial by Lay Judges Be Expanded? 147 References 149 9: Opinions on the Lay Judge System 151 References 157 10: Successes of Lay Judges and Failures of 1928–1943 Juries 158 References 165 Conclusion 166 Appendix 1 Judicial System 170 Appendix 2: The Jury Act 1923 171 Appendix 3: Order of Proceedings in a Saiban-in Trial 172 Opening Proceedings: 172 Examination of Evidence: 172 Closing Arguments: 173 Relevant Additional Sources 174 Index 176 This book analyses the mixed courts of professional and lay judges in the Japanese criminal justice system. It takes a particular focus on the highly public start of the mixed court, the saiban-in s ystem, and the jury system between 1928-1943. This was the first time Japanese citizens participated as decision makers in criminal law. The book assesses reasons for the jury system's failure, and its suspension in 1943, as well as the renewed interest in popular involvement in criminal justice at the end of the twentieth century. Popular Participation in Japanese Criminal Justice proceeds by explaining the process by which lay participation in criminal trials left the periphery to become an important national matter at the turn of the century. It shows that rather than an Anglo-American jury model, outline recommendations made by the Japanese Judicial Reform Council were for a mixed court of judges and laypersons to try serious cases. Concerns about the lay judge/ saiban-in system are raised, as well as explanations for why it is flourishing in contemporary society despite the failure of the jury system during the period 1928-1943. The book presents the wider significance of Japanese mixed courts in Asia and beyond, and in doing so will be of great interests to scholars of socio-legal studies, criminology and criminal justice. "This book analyses the mixed courts of professional and lay judges in the Japanese criminal justice system. It takes a particular focus on the highly public start of the mixed court, the saiban-in system, and the jury system between 1928-1943. This was the first time Japanese citizens participated as decision makers in criminal law. The book assesses reasons for the jury system's failure, and its suspension in 1943, as well as the renewed interest in popular involvement in criminal justice at the end of the twentieth century. [This book] proceeds by explaining the process by which lay participation in criminal trials left the periphery to become an important national matter at the turn of the century. It shows that rather than an Anglo-American jury model, outline recommendations made by the Japanese Judicial Reform Council were for a mixed court of judges and laypersons to try serious cases. Concerns about the lay judge/saiban-in system are raised, as well as explanations for why it is flourishing in contemporary society despite the failure of the jury system during the period 1928-1943. The book presents the wider significance of Japanese mixed courts in Asia and beyond."-- Back cover Front Matter....Pages i-xi A New Chapter in Japanese Social and Legal History....Pages 1-5 An Earlier Experience of Lay Involvement in Court Decisions in Japan: The Jury 1928–1943....Pages 7-33 Disquiet About Japanese Criminal Justice and a Revival of Interest in Juries....Pages 35-52 The Debate About Juries....Pages 53-68 The Judicial Reform Council and Its Recommendations....Pages 69-85 The Saiban-in Law and Intense Preparation for Its Operation....Pages 87-101 Launch and Then Solid Progress....Pages 103-111 Concerns and Challenges....Pages 113-144 Opinions on the Lay Judge System....Pages 145-151 Successes of Lay Judges and Failures of 1928–1943 Juries....Pages 153-160 Back Matter....Pages 161-177