Most Japanese Don't Want To Be Jurors

[Mulboyne]

IHT: Japan learns dreaded task of jury duty
Japan is preparing to adopt a jury-style system in its courts in 2009, the most significant change in its criminal justice system since the postwar American occupation. But for it to work, the Japanese must first overcome some deep-rooted cultural obstacles: a reluctance to express opinions in public, to argue with one another and to question authority. To win over a skeptical public, Japan's courts have held some 500 mock trials across the country, including six here in Nagano, the site of the 1998 Winter Olympics. Still, polls show that 80 percent are dreading the change and do not want to serve as jurors, a reluctance that was on display among the mock jurors here. They preferred directing questions to the judges. They never engaged one another in discussion. Their opinions had to be extracted by the judges and were often hedged by the Japanese language's rich ambiguity. When a silence stretched out and a judge prepared to call upon a juror, the room tensed up as if the jurors were students who had not done the reading...After it was all over, only a single juror said he wanted to serve on a real trial. The others said even the mock trial had left them stressed and overwhelmed...more...

[kurohinge1]

...After it was all over, only a single juror said he wanted to serve on a real trial. The others said even the mock trial had left them stressed and overwhelmed...more...

Maybe they could just avoid the necessity for trials and juries by outlawing crime.

Oh, hang on a minute . . .

[madfuku]

I think in Japan I would rather NOT have a jury trial and take my chances with the judges.

[james]

Maybe they could just avoid the necessity for trials and juries but outlawing crime.

yeah, but then wouldn't we all have to leave?

[xenomorph42]

In reality, this new system is an accident waiting to happen.

[Mulboyne]

In reality, this new system is an accident waiting to happen.

It's easy to say that and I probably thought so too when I first heard about the proposals. Now I'm not so sure. At worst, the juries take their lead entirely from the judge so all you end up with is the current system with the veneer of jury participation. At best, some jurors might buck the trend. I wonder whether a Japanese jury would have found Obara not guilty of the murder of Lucie Blackman. What really is the downside to this new system?

[Mike Oxlong]

I think in Japan I would rather NOT have a jury trial and take my chances with the judges.

You've got to be kidding! These guys go to law school (AFAIK not a graduate course like in other countries, but as undergrads), are fast-tracked into the judiciary, and work their way up the ranks. No grad school, no experience as a lawyer, just "look mom! I'm a judge!". Are most of their decisions really any surprise? They are simply tools of the system.

[amdg]

Count me in as one of the people who see this as a fruitless enterprise. I can't see what its supposed to acheive, other than exposing the public to how the justice system works. Is that really necessary?

There is no way that any Japanese judge - society's elites, don't forget, will be swayed by what the common man determines to be the true facts of any case. They may listen, or pretend to listen, but in the end they will make up their own mind exactly like they do now.

At best the downside will only be the extra expense of creating the system and of hauling people away from their day to day jobs. At worst, it will simply be a further paternalistic indoctrination of the general public by the judiciary as to why judges know best.

If they really wanted to improve the system, why not spend some money on creating a way to enforce civil judgements?

[Takechanpoo]

If all of jurors are mobilized by specific cult organization.....

[madfuku]

You've got to be kidding! These guys go to law school (AFAIK not a graduate course like in other countries, but as undergrads), are fast-tracked into the judiciary, and work their way up the ranks. No grad school, no experience as a lawyer, just "look mom! I'm a judge!". Are most of their decisions really any surprise? They are simply tools of the system.

That may be so, but with a jury there are just too many more people to bribe

[Greji]

That may be so, but with a jury there are just too many more people to bribe

Great point. The emphasis these days is all on cost reduction and so it would be so much more efficient and much cheaper to just rent a couple of judges. Why ruin an established system that already works so well?

[amdg]

If all of jurors are mobilized by specific cult organization.....

You can't be serious, can you? I'm against this ridiculous time-waster too, but that's the weakest argument for for resisting change that I've ever heard. It sounds like something invented by the scare-mongering loonies.

You may as well say "we can't have a police force because, like, what if the cultists get to them", or "We can't have a hospital because, what if the cults get to the staff", or "we can't have a subway system because...

oh wait, nevermid..

Bu

[Mulboyne]

Kyodo via Japan Today: Lay jurors in mock trials cite shortcomings in system

People who participated in mock trials as lay jurors ahead of the upcoming overhaul of the criminal trial system are suggesting measures be taken to address shortcomings they noticed, such as the limited amount of time allocated for deliberations in cases where the defendant pleads not-guilty, according to a study compiled by Kyodo News released Saturday. Trials tend to get complicated and extended when court argument centers on whether or not a confession was made voluntarily or whether it is credible. The study underscored the view that these cases could pose a serious challenge to the lay juror system scheduled for introduction by May 2009 because a large portion of citizens in a survey showed aversion to the system, citing their time constraints due to work, engagements and other personal reasons.

At least 45 of the nation's 50 district courts have so far staged mock trials where the defendant pleaded not guilty to the charge of robbery resulting in bodily injuries after withdrawing a confession allegedly made during questioning by police. The defendant told a hearing that he made a false statement because he was led by investigators to believe he would be freed immediately if he admitted to the charge. The charge stated the defendant and an accomplice hit a victim when the victim attempted to get back the money stolen. The defendant then said he in fact did not assault the victim, making the statement given during the course of investigations a focal point for the jury in its deliberations.

Other problems cited by those participating as lay jurors include difficulty in understanding terminology used in court and following arguments and the questioning of witnesses, according to the study based on views and other data compiled before the end of July. Deliberation periods for lay jurors in these mock trials were two to three days with citizens and court staff participating as lay jurors. In most of the cases, a guilty verdict was given, with the jury accepting the precise prosecution charges in nearly half the cases. In some cases, the jurors only admitted the assault charge given the money was stolen by the accomplice, but in others they determined that although the confession was not credible the defendant was guilty on the basis of witness statements.

Those who played the role of jurors also said arguments given by prosecutors were too contrived to believe, or they could trust the defendant when he was speaking in front of them more than the statement given. Judge Masaaki Kawaguchi, who is a member of a committee on the lay juror system at the Tokyo District Court said, "Conventional methods where judges determined the credibility of a statement by meticulously examining many pieces of evidence are out of line. It is necessary to demonstrate facts in court in simple terms through such means as using videotaped questioning [of suspects and witnesses]" . Police questioning is not allowed to be videotaped as evidence in court in Japan.

Lay jury panels are scheduled for introduction at 50 district courts and 10 district court branches. The Supreme Court worked out around 10 crime cases for mock trials but the case of a defendant entering a not-guilty plea drew an unusually strong interest among them, according to the court.

[Mulboyne]

Yomiuri: Citizen-judge refusal reasons set
Ahead of next year's introduction of the lay judge system, the Supreme Court has drawn up guidelines specifying acceptable reasons for people to reject serving as a citizen judge...The guidelines are meant to provide professional judges involved in the selection process with detailed information and circumstances pertaining to each profession -- such as beauticians who are extremely busy before Coming-of-Age Day to help new adults wear kimono -- to make it easier to decide whether to accept reasons given by people who want to avoid becoming a citizen judge...The guidelines encourage the professional judges to take two items into consideration when deciding whether accept the reasons mentioned by a citizen judge candidate who wants to opt out of his or her duty: Whether it would be impossible for him or her to be replaced in his or her job during citizen judge service; and whether the candidate's absence would cause serious disruption to his or her business and personal lives...According to the guidelines, examples in which citizen judge candidates are likely to be given consideration to be exempted from duty by the professional judges include: a sport equipment manufacturer fulfilling an urgent order from a professional athlete; a doctor during flu season; a firm's accounting manager near the end of an accounting term; and a manager of a convenience store near a beach during summer. The guidelines also specifically describe acceptable reasons within each profession that are to be taken into consideration to avoid causing financial damage to the candidate. For example, an oyster farmer cannot miss the June breeding season as the following year's production will be wiped out, and if a wedding planner is found to be unable to attend his or her customer's wedding, the planner might lose the customer's trust, and the contract might be canceled...more...

[Mock Cockpit]

Wow, seems like at least a modicum of thought has gone into this instead of just doing it and inviting people to suck it when problems arise.

[Mulboyne]

Yomiuri: Judges urged to take active role in lay judge system

In a model plan drawn up for the new lay judge system to be introduced next May, the Supreme Court stressed the need for judges to take a leading role in the system, it has been learned. The top court came up with the plan after examining national simulated trials in preparation for the new lay judge system, according to sources close to the top court. The plan stressed the need for judges to take proactive roles in the lay judge system, requesting that they lead court proceedings so that the questioning of witnesses is focused on disputed points and is carried out in an understandable manner...Analysis showed that judges tended to refrain from making statements during court discussions with lay judges before agreeing on a ruling. Judges apparently were afraid of being criticized for leading lay judges to conclusions. When it became difficult to reach an agreement, however, judges occasionally jumped to conclusions, sometimes commenting that they had made a similar decisions on other cases.

To avoid this type of situation, the model plan suggested that judges should better communicate with lay judges. The plan suggests that judges talk to lay judges outside the courtroom, so that they can carefully address lay judges' questions and concerns. The plan also referenced judges' roles when witnesses are questioned, suggesting that they focus on points of dispute. In the past, court proceedings often were prolonged because of unnecessary witness questioning. Because of this, the plan suggested that judges should exert leadership if questioning extends far longer than the scheduled time. The plan also presented an example of a ruling in four pages, including points of dispute and relevant conclusions as well as the determination of punishments.

[kusai Jijii]

"Most japanese don't want to be jurors"...

That's a fucking relief! I mean, can you just imagine? At least they know they'd be fucked at it. Talk about the perfect scenario of 'the blind leading the blind'...

[dimwit]

My feeling is that a majority of jurors are going to be 2 channellers since anyone normal will weasel their way out. Now how is that for a crime deterent?:rolleyes:

[Mulboyne]

[Greji]

My feeling is that a majority of jurors are going to be 2 channellers since anyone normal will weasel their way out. Now how is that for a crime deterent?:rolleyes:

That probably wouldn't leave much of a pool of jurors to draw from because a lot of the 2 channellers will already be under indictment themselves and thus ineligible.....

[Behan]

That probably wouldn't leave much of a pool of jurors to draw from because a lot of the 2 channellers will already be under indictment themselves and thus ineligible.....

Do you think they'll be allowed to bring their knives to the courtroom?

[kurohinge1]

. . . Following a request from the bar association, the Justice Ministry plans to permit defendants to sit next to their lawyers on condition that one of the two guards sitting behind the accused places a leg between the defendant and lawyer to prevent escape. . .

Is that a common Japanese crime-prevention technique? Placing a limb near a would-be felon. I don't quite see the connection myself - are J-criminals paralysed by rogue limbs near them? Is it like Kryptonite to Superman?

Why can't the accused just steal the leg too - when they escape?

Maybe they should have police dogs trained to at least get the leg back - if not the fleeing criminal too?

[Greji]

[quote="kurohinge1"]Why can't the accused just steal the leg too - when they escape?]

Yeah, but did you check the leg on that dog?

[Mulboyne]

Yomiuri: Govt fears flak from reluctant lay judges

Prime Minister Yasuo Fukuda's administration is growing worried that the introduction of the lay judge system next May could result in a backlash from citizens who see it as an additional burden. The government fears it could be problematic that the system will not start full-fledged operations in the courts until July, just before the expiration of the four-year terms of House of Representatives members in September. The government began basic preparations to select lay judges from ordinary citizens on July 15. It will inform candidates if they have been selected in November or December. But lawmakers close to Fukuda are growing alarmed as the introduction of the system draws closer.

A senior government official summoned Justice Ministry officials to the Prime Minister's Office in mid-May and asked them if they thought members of the public will react to the introduction of the lay judge system as negatively as they did to the new health insurance system for people aged 75 and older. The revised health insurance system system launched in April increased the financial burden on some elderly people aged 75 or over. Fukuda's Cabinet took flak for failing to explain the system sufficiently.

The lay judge system makes it obligatory for selected ordinary citizens to participate in trials and could draw a similar public response if people are not sufficiently aware of how it operates. Lawmakers close to Fukuda have recently summoned ministry spokesmen to the Prime Minister's Office on a further two occasions to stress that the system must be clearly explained to the media. The ministry, the Supreme Court and bar associations have created almost 19 million leaflets and pamphlets to educate the public about the system. With more than 1.29 million people having also attended explanatory meetings across the country to date, the public is getting more familiar with the workings of the system.

[Iraira]

So, some smart lawyer will be able to get cases tossed on appeal by providing reasonable undoubt that the jurors felt uncomfotable about being jurors and that this anxiety may have biased their conviction of the gaijin for owning a bicycle chop shop.

[kurohinge1]

The more I read about this, the more I get the impression that forcing the jury system on the Japanese public is like trying to "fit a square peg in a round hole".

[Greji]

The more I read about this, the more I get the impression that forcing the jury system on the Japanese public is like trying to "fit a square peg in a round hole".

Kuro, is Delta using a Quantas operations manuel now?

[kurohinge1]

Kuro, is Delta using a Quantas operations manuel now?

If you mean "manual", I think the Qantas ones are written in Malaysian now, so, who knows! ]Manuel[/B]", then that would explain why Delta is having such problems.

[Greji]

If you mean "manual", I think the Qantas ones are written in Malaysian now, so, who knows! ]Manuel[/B]", then that would explain why Delta is having such problems.

I meant manual, but your answer was better. You know us Yanks can't spell anyway....

[Behan]

This is linked from Debito's site:

http://www.channel4.com/player/v2/player.jsp?showId=10644