Japanese jurist reports on success of new trial system using lay judges

Lay judges, selected from the public, have been participating in trial proceedings in Japan for serious criminal matters, including death-penalty cases, since May 2009, and assessment of the new system shows it to be successful, according to Japanese Judge Mitsuaki Watanabe. It is the first time in history, aside from a brief period before World War II, that a type of jury system has been used in Japan. Watanabe recently presented a lecture at Wayne State University Law School summarizing the first three years of the system. Watanabe has been in Detroit since June as part of a special arrangement by Wayne Law, the Third Circuit Court of Michigan, and the Supreme Court of Japan. Under the new Japanese judicial system, most trial panels for serious criminal cases-- including homicide, robbery causing death or injury and arson of an occupied building--comprise three professional judges and six lay judges. So far, nearly 4,200 criminal cases have now been decided and sentenced using the new system in Japan, including 14 death-penalty cases. The lay jurors give their opinions on a case before the professional judges "so they won't be swayed," Watanabe said. And deliberation time is limited. The new system has been "reviewed positively by citizens who served," he said. After observing American trials, he said he may suggest that Japanese cases have law enforcement officers testify in person rather than having their findings read aloud. Published: Mon, Nov 26, 2012

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