Most Japanese Don't Want To Be Jurors

[Mulboyne]

The Tokyo district court will be holding three mock trials this week featuring foreign defendants. The aim is to see how the lay judge system copes with the complications which inevitable arise from the need for interpreters. Chiba, with Narita Airport in its jurisdiction, has already conducted similar exercises. Where Chiba chose to try defendants on drugs charges, Tokyo has gone for rape. The defendants will be Iranian, Chinese and Korean.

[Iraira]

The Tokyo district court will be holding three mock trials this week featuring foreign defendants. The aim is to see how the lay judge system copes with the complications which inevitable arise from the need for interpreters. Chiba, with Narita Airport in its jurisdiction, has already conducted similar exercises. Where Chiba chose to try defendants on drugs charges, Tokyo has gone for rape. The defendants will be Iranian, Chinese and Korean.

mock re-enactment....mock tasering....someone mock me....

I smell jurors sweating and feeling uncomfortable upon hearing the "mock details"

[Behan]

It all makes sense, really. Only foreigners are capable of committing such heinous crimes.

[Taro Toporific]

...Triumph International Japan, displays the "Jury System Bra", designed as a scale and inspired by the image of Lady Justice...

[Mulboyne]

Yomiuri: 74% of firms would give lay judges paid holidays

Seventy-four out of 100 major companies would give their employees special paid holidays if they are chosen to serve as citizen judges in the lay judge system starting in the nation in May, according to a recent Yomiuri Shimbun survey. Twenty-seven companies said they would allow their employees to take part in trials as lay judges for seven days or more, indicating many firms are positive about workers serving in the new judicial system. However, some firms are concerned about the possibility of their employees being traumatized while serving as lay judges in trials of heinous crimes, pointing out the limited capability of their mental health care systems. This suggests courts should consider providing better support for citizen judges, where necessary. According to the survey, which was conducted between late October and early November on major companies in each industrial sector, 38 firms said they would give holidays to their full-time employees who are chosen as lay judge candidates or lay judges. These special holidays would be designated separate from annual paid holidays and be equivalent to those applied for public duties, such as serving as a witness for a trial.

Thirty-six firms said they would set up a new special paid holiday system for lay judges, instead of using their existing leave arrangement. One company, however, said it would ask its employees serving as lay judge candidates or lay judges to use holidays from their existing annual paid holidays. Twenty-three firms said they had yet to decide their policies, while two companies said they would not consider granting paid holidays or other special treatment to their workers serving as lay judges. Asked how many days employees would be allowed to serve as lay judges from the company's standpoint, 27 firms responded seven days or more; 23 said five days or fewer; and 15 said three days or fewer.

According to the Supreme Court, about 70 percent of trials finish within three days, while about 20 percent conclude within five days. Taking these factors into consideration, a relatively large number of employees are expected to be allowed to take part in the lay judge system. However, in the case that a trial lasts an unusually long time, one company in the service industry said, "It would be ideal to conduct the trial on a phased basis if it lasts four days or more." One manufacturer, which is assuming the special paid holidays it would grant would average about three days, said if a trial lasts longer than that, it would have no choice but to limit the number of special paid holidays to be applied.

[cot faulking]

"Most Japanese Don't Want To Be Jurors "

Most nationalities don't want to be paid $5 a day for their time. But a lucky few can later write a book about their time as a juror.

Can't wait for the J TV to have to suffer through one year of OJ Simpson.

[Visitor K]

Can't wait for the J TV to have to suffer through one year of OJ Simpson.

i wouldnt think you would have to wait long.. the j-media loves their pointless controversies.

[Mulboyne]

You can now learn about being a citizen judge on your Nintendo DS.

[Mulboyne]

Newsday: Hofstra professor helps Japanese with jury trials

When Japan introduces jury-like panels to its criminal justice system this year, a Hofstra University law professor who helped train Japanese lawyers for the switch will be watching to see how they fare...An ongoing mock trial training system conducted by lawyers like Barbara Barron, professor of legal writing at Hofstra's law school, has helped smooth the way for Japanese lawyers never schooled in the jury system...She said a key obstacle to the new system is that lawyers and judges in Japan have often spoken at trials in terms only other lawyers understand. But the advent of a jury system has made it important for attorneys to speak plainly so they can effectively argue their clients' cases before nonlawyers, Barron said.

To accomplish that, Barron and others have been conducting mock trials and analyzing the attorneys' strengths and weaknesses so they will know how to address both judges and lay people. "You want to make sure the six lay people are all on the same plane and it's an even playing field," Barron said. "We're big proponents of very simple communication, very simple, short sentences." In Japan, the advent of juries has stirred some apprehension; some Japanese fear the new system will not work. "There is no doubt Japanese professional judges don't want to give up their monopolization of huge fact-finding power," said Takashi Takano, a visiting professor at Waseda Law School in Tokyo. Barron calls Takano the co-parent of the new Japanese jury system...

...And Satoru Shinomiya, another Waseda professor, said with the new system comes the introduction of court-appointed lawyers for poor defendants and the right of defendants to learn the evidence against them - similar to discovery in the American system. "Participation in the criminal justice system will surely enhance a public sense in people," Shinomiya said.

[leitmotiv]

Letters threaten violence against legal system over lay-judges
http://mdn.mainichi.jp/mdnnews/national/news/20090108p2a00m0na004000c.html?inb=rs


AKITA --- Eight letters threatening members of the legal profession with violence have been found here, police said.

The letters state the writer's opposition to the new lay-judge system that will go into effect in May, calling it an "evil law". Should the new system go into effect, the writer vowed to blow up facilities related to the legal system, as well as attack anyone associated with the courts, prosecutors offices or bar associations. Akita Prefectural Police are investigating.

The new system will see laymen judges preside over criminal trials along with professional judges.

According to the Akita Central Police Station, the first such letter was discovered on Monday by a postal worker at the Akita Central Post Office. The letter, printed on a single B5 page and contained in a brown envelope, caught the postal worker's attention when it came in with a batch of mail. The envelope had neither a destination nor a return address, and was unsealed.

Suspicious, the postal worker opened the envelope and discovered the threatening letter. The postal worker then reported the letter to authorities. Seven other similar letters have been found.

It is thought that all eight of the threatening letters were posted in Akita.


YIKES!

[Behan]

Letters threaten violence against legal system over lay-judges..

The letters state the writer's opposition to the new lay-judge system that will go into effect in May, calling it an "evil law". Should the new system go into effect, the writer vowed to blow up facilities related to the legal system, as well as attack anyone associated with the courts, prosecutors offices or bar associations. Akita Prefectural Police are investigating...

YIKES!

Maybe the threatener is worried he (or she) will get called up.

[Mulboyne]

Asahi: Police fear gangsters could serve as lay judges

With the citizen judge system set to start in May, police officials are getting edgy about the possibility of gangsters infiltrating the ranks of the lay judiciary--because candidates are chosen at random. Officials are concerned that gang members might aid defendants affiliated with mobsters or intimidate fellow lay judges serving on the same cases. Among those to be excluded from lay judges are people who have an interest in the case and others who the court concludes could hand down an "unfair" judgment. The citizen judge law does not have any stipulation on gangsters...A senior member of a crime syndicate said he would be willing to serve as a citizen judge if he is selected. "We are inclined to defend the accused from authority because we have been punished even for minor offenses," he said. "It does not matter whether the accused is a gangster or not"... Still, sources close to the Supreme Court and the Justice Ministry said there are "several filters" that can exclude gangsters from serving. For example, the prosecutor and defense lawyer are each authorized to ask up to four candidates to be disqualified without specifying reasons after attending the presiding judge's interviews with candidates...more...

[wuchan]

Asahi: Police fear gangsters could serve as lay judges

Maybe a screening process like the one in the US might just work. Simple questions, like: Do you have any large tattoos?, What do you think about foreigners?, Are you missing any fingers?, Do you drive a stupidly big car with 22 inch rims and limo tinted windows?.

This debate just makes the average japanese citizen look like a coward. Oh NOOOOOOOOOOO the big bad yaks will rape my wife and try to steal my car!!! Maybe if the general public grew some balls this would be a non issue. shit, they shake when I tell them I am mostly Italian........... WTF! GROW SOME BALLS!!!!

[Mulboyne]

Mainichi: Exposure of lay judges to graphic court evidence sparking concerns over mental well-being

As the public prepares to take part in trials of murder and other serious crimes under the lay judge system starting in May, images are increasingly being used in courts as evidence. However, concerns are now being raised over the psychological impact of these sometimes gory images. "IT courtrooms," featuring large wall screens to show evidence to the public as well as monitors for the judges, have started to appear in courts across Japan, and the technology is used to present evidence in many public trials. In some cases, the bereaved families of victims have been unable to look at the images and have left the courtroom. The situation has sparked discussion on ways to ease the psychological impact inflicted on bereaved families and lay judges.

One such visual presentation was made during the trial of 34-year-old Takanori Hoshijima, who is accused of murdering 23-year-old Rurika Tojo and mutilating her body. During the first hearing of the trial in January, prosecutors used photographs to prove that Hoshijima had cut up the victim's body and flushed the pieces down a toilet. The photographs showed all 172 pieces of flesh and 49 bone fragments that were recovered from sewerage pipes, including a pierced belly button and fingers, forcing some members of the court gallery to turn away. During the second hearing, re-enactment pictures of the defendant dismembering the corpse were shown. When the image of the defendant cutting off the right leg of a mannequin was shown, a bereaved female relative started crying loudly and was carried out of the courtroom.

At the end of the hearing, Tokyo prosecutors justified their use of the images. "There was a message in the pictures, asking how the bereaved family would feel if that was all that was left of the body. We received consent in advance from the bereaved family," a representative for the prosecution said. The victim's mother testified at the trial's fourth hearing. "We sat in on the trial because we wanted to know everything. There were many times when we covered our eyes or felt nauseous, but we never ran away," she said. However, courtroom images are not solely used to establish or refute guilt. In the 13th hearing of the trial over the alleged murder of 31-year-old Rie Isogai by three users of an underground Web site, prosecutors showed slides of Isogai: a photograph of her as a baby and various milestone events, including a children's festival, a sports day and her coming-of-age festival.

"She loved cooking and I thought she would have made a good wife," Isogai's 57-year-old mother Fumiko told prosecutors as she appeared in court as a witness, recounting her memories of each photograph. "I wish I could've captured more images of her alive," she sobbed, as weeping came from the court gallery. However, concerns have been raised over the psychological impact of the graphic photographs on bereaved families and lay judges. Tadaari Katayama, head of a group specializing in victims and the law, generally opposes showing victims' corpses in trials. "A victim's corpse represents a person's utmost privacy. Unless these images are needed to establish the facts, their use should probably be avoided. The bereaved family should not be harmed a second time." This attitude is shared by one mid-ranking judge, who expressed doubts about the methods used by public prosecutors in Hoshijima's trial.

"Hoshijima admitted to the allegations against him, and I think a verbal explanation would have been sufficient," he said. "It may be going too far to present the evidence in a way that deliberately creates an impression of tragedy." In contrast, there have been cases where public prosecutors have avoided using graphic images. In a trial that opened in the Fukuoka District Court last month, accusing a 20-year-old woman of murdering her newborn baby, public prosecutors presented a razor that was used a murder weapon and a bloodstained towel, but photographs of the corpse were shown only to the judges and defense. "The dead should be treated with dignity as well," explained an official from the Fukuoka District Public Prosecutors Office. "Even if the bereaved family gives consent, there is no need to release the images to the public gallery."

However, lay judges will be among those exposed to photographs of corpses and injuries. The Supreme Court plans to set up a free telephone counseling service, and public prosecutors plan to use computer-generated images and illustrations instead of photographs in cases of particular cruelty. But one public prosecution officials say the graphic photographs may be unavoidable in some cases. "Depending on the type of crime, we will have to use brutal photographs," a public prosecution official said.

[Mulboyne]

A gentleman dressed in a parrot costume demonstrates against the new lay judge system outside Shibuya station. It's a riposte to the Ministry of Justice who are using a parrot to promote the system. Hatoyama even donned one.

[Samurai_Jerk]

That's hliarious that the MOJ would use a parrot to promote the new system. That's got to be a metaphor of some kind.

[Mulboyne]

[Mulboyne]

Yomiuri: Release of sex crime info to lay judges sparks fury

Women's rights groups are furious that the names of sex crime victims and details of assaults on them could be released during the selection process for lay judges under the new criminal trial system that starts Thursday. The provision of such information is intended to ensure the selection of lay judges with no connection to the case--including the victim and alleged assailant. However, the fact that extremely personal information could be shared with dozens of people involved in the selection process has stoked privacy fears and concerns that women might be reluctant to come forward and report an assault if they think their details could end up being passed on to complete strangers. Professional judges will choose lay judges for each trial from as many as 100 candidates. Sex crimes, including rape resulting in death or injury, rape and robbery, indecent assault resulting in death or injury, and gang rape resulting in death or injury are expected to account for about 20 percent of trials conducted under the lay judge system. Anger over the possible threat to sex crimes victims' privacy and safety prompted two Tokyo-based nonprofit organizations working to end violence and discrimination against women--Center for Education and Support for Women, and Asia Japan Women's Resource Center--to launch an online petition calling for the lay judge system to be postponed, or for the selection of lay judges for cases involving sex crimes to be put off.

The Supreme Court has argued the concerns are unfounded, with officials insisting that "careful consideration" must be given to what information--and in how much detail--is given, and that "the selection process can be conducted without revealing the victim's name." The top court suggested that in some cases lay judge candidates could first be told details of the alleged assault, but that the victim's name would only be provided after the candidates had been whittled down. However, it will be up to each court to decide how to proceed in these cases. If a potential lay judge is not selected to sit for the trial, they are not obliged to keep secret details of the case they might have heard during the selection process. Lay judges are prohibited by law from divulging to third parties confidential information provided during a trial; lay judge candidates, however, are not bound by this law. "I'm sure some people would hesitate to file an assault complaint if they knew that the fact they were a victim was to be made known to a number of people," said Tamie Kaino, a vice chancellor at Ochanomizu University. "I think the introduction of the lay judge system for cases of sex crimes or the selection process should be delayed with a view toward protecting the victim."

[Mulboyne]

Yomiuri: Bill to remove jail threat for lay judges who spill the beans

Penalties for lay judges who violate their confidentiality obligation should be lightened and exclude prison terms, according to a bill drafted by a nonpartisan Diet group examining whether the lay judge system needs to be revised. Led by People's New Party Secretary General Hisaoki Kamei, the league is planning to submit the bill to the current Diet session. Under the current law, lay judges are subject to a prison term of up to six months or a fine of up to 500,000 yen if they disclose to outsiders what has been discussed during deliberations of a trial. The confidentiality obligation is lifelong and has been criticized as overly strict even by some legal professionals.

The bill would divide those subject to punishment into two groups: those who are currently serving as lay judges and those who were lay judges in the past. Both groups would be exempt from prison terms. Current lay judges would be subject to a fine of up to 500,000 yen, while past lay judges would face a penalty of up to 300,000 yen. The bill aims to reduce public concern over participating in the system by removing the threat of prison time. "I think it is better to maintain some penalties, however, to ensure that jurors preserve confidentiality until after their ruling," said Nobuto Hosaka, the group's secretary general. Past lay judges would be fined only if they stated the name of a judge or lay judge who served in the same trial as themselves and revealed what that person said during deliberations.

Giving one's opinion of the trial after its conclusion would not be subject to any punishment, as long as no names were revealed, because such opinions are necessary for examining the lay judge system. The group comprises 60 lawmakers from the Liberal Democratic Party, the Democratic Party of Japan, the Social Democratic Party and the PNP. Members initially considered submitting a bill to postpone the start of the system itself because they saw many problems with it. This idea was abandoned, however, after the DPJ and other parties were unable to conduct the intraparty proceedings required for legislation drafted by Diet members. Therefore, the group decided to aim at submitting a bill to revise only the part of the law that deals with the confidentiality obligation.

[Mulboyne]

Yomiuri: Catholic clerics urged not to serve as lay judges

The Catholic Bishops' Conference of Japan on Thursday decided it would urge the about 7,600 Catholic clergy, monks and nuns in this country not to serve as lay judges under the joint judge-jury system. Clerics who serve as lay judges would be in violation of canon law, the organization concluded. Applied to every Catholic church in the world, canon law prohibits clerics from assuming duties related to the execution of governmental power. Bishops, priests, deacons, monks and nuns will be instructed to express clearly their desire to decline the summons on the questionnaires sent to lay judge candidates, the organization said. If they are chosen to be lay judges despite clearly stating their disinclination, the official policy will be to instruct them not to participate even if it means paying a fine.

[Behan]

Lay judges may not try mob hit
SAITAMA (Kyodo) Prosecutors will ask a court not to try a gangster under the lay judge system for fear of possible reprisals against citizen judges, prosecution sources said Friday.

Such a request is believed to be the first since the lay judge system was introduced in May.

The prosecutors will file the request with the Saitama District Court shortly after the indictment Friday of Kazuya Ito, 39, a senior member of a mob affiliate of top underworld syndicate Yamaguchi-gumi, for killing a rival gangster in Saitama Prefecture last year.

http://search.japantimes.co.jp/mail/nn20090718a2.html

[Mulboyne]

There were protesters outside the country's first trial under the new lay judge system:

[IkemenTommy]

I was expecting more of like a riot with pitch forks.

[BO-SENSEI]

And a giant parrot is a great way to show that they are dead serious.

[Iraira]

And a giant parrot is a great way to show that they are dead serious.

One of the splinter factions of the Communist party was out in Shinjuku recruiting on Sunday. They had a person dressed up like a big green frog on steriods and LSD wandering around handing out leaflets. Yeah, nothing says "Death to capitalism" like a dude in a frog suit.

[Screwed-down Hairdo]

dressed up like a big green frog on steriods and LSD

Don't know about death to capitalism and all that, but I'd vote for someone meeting the above description...

[Greji]

They had a person dressed up like a big green frog on steriods and LSD

You sure that was a costume and not one of your ex's in action?

[TFG]

This whole juror thing is a joke because, only serious crime is going to be tried like this and, if the accused appeals the court decision, it gets thrown back to a court with only a judge and NO jurors.

Anyone getting a death sentence is immediately going to appeal and then it is going to cost tax payers even more cash.

The Japanese public is less than willing to do the task of juror because it requires responsibility which although the Japanese spout responsibility a great deal, very few of them know what it means or are not willing to accept it.

[Ketou]

This whole juror thing is a joke because, only serious crime is going to be tried like this and, if the accused appeals the court decision, it gets thrown back to a court with only a judge and NO jurors.

Anyone getting a death sentence is immediately going to appeal and then it is going to cost tax payers even more cash.

The Japanese public is less than willing to do the task of juror because it requires responsibility which although the Japanese spout responsibility a great deal, very few of them know what it means or are not willing to accept it.

Much along the line of thought I had.
I would like to think it is a protest against the obvious coat of wallpaper pasted on an antiquated and corrupt legal system to make it look fair. But alas, it is more that they are railing against being woken from their eiderdowns of apathy.

[Takechanpoo]

Jury system never works in the country of people having no monotheism. And it must get to become more easy for specific organizations(Soka, Moonies, Yakuza, USA, China, Korea, large companies, vulture funds) to control trials unfavorable for them.