TOKYO, Dec 2 — A new page in Japan's legal history was turned over the weekend when nearly 300,000 Japanese received notices telling them that they were potential candidates for lay judge duty when the system begins next May. Under the system, serious cases at the 60 district courts nationwide, such as murder, will be examined by a nine-member panel comprising three professional judges and six “lay judges”.
At present, such trials are generally heard by a team of three professional judges.
Unlike jurors in Britain or the United States, who have to decide only if a person is guilty or innocent, Japanese lay judges will also have to decide on the sentence in conjunction with the professional judges in their panel.
The number who will actually be called up for such citizen judge duty will, however, be much smaller than 300,000, as many will either not qualify because they are public officials or over 70, or they may be excused for a variety of reasons.
People who are chosen as lay judges will also have to pass an interview with a judge about their beliefs, and to make sure that they have no possible connection with either the accused or the defendant in the appointed case.
The decision to set up a lay judge system in Japan grew out of criticisms in the past over sentences handed down by professional judges, especially in cases where the crime can be punishable by death or life imprisonment.
The aim behind the new system is to ensure that judgments in serious cases reflect the values of ordinary Japanese.
But surveys have repeatedly found that up to 70 per cent of the Japanese people are reluctant to act as citizen judges, either because they feel their work will be inconvenienced or they are diffident about making decisions that will affect the lives of the accused.
A call centre specially set up for queries on the system received nearly 900 calls on Saturday, nearly half asking how they could get out of the dreaded duty.
People will not be able to opt out merely because they do not want to do it.
But exemptions may be easier to come by than imagined.
For instance, the No. 1 hostess of a club could possibly get away on the grounds that her prolonged absence might kill the club's business.
So too could a hairdresser, if a trial fell during the annual school graduation season when beauty salons are at their busiest.
Opposition to the introduction of the lay judge system remains strong, despite the fact that it is due to start in about six months.
In Niigata city, a group comprising about 50 lawyers and citizens called for the system to be shelved.
Said lawyer Akira Takashima, leader of the group: “The system ignores public opinion as most people do not want to do such duty. It also cannot be denied that there will be bad judgments and wrong convictions.”
One good thing arising from the new lay judge system is that courts are now obliged to speed things up by having judges, prosecutors and lawyers meet before a case begins to decide what will be the main points of contention.
About one in 350 Japanese people received the lay judge notices this time.
For those who did not get them, there is always next year. — The Straits Times
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