Lay judges in Japan

A system for trial by jury was first introduced in 1923 under Prime Minister Katō Tomosaburō's administration. Although the system generated relatively high acquittal rates,[1] it was rarely used, in part because it required defendants to give up their rights to appeal the factual determinations made.[2] The system lapsed by the end of World War II.[3] In 2009, as a part of a larger judicial reform project, laws came into force to introduce citizen participation in certain criminal trials by introducing lay judges. Lay judges comprise the majority of the judicial panel. They do not form a jury separate from the judges, as in a common law system, but participate in the trial as inquisitorial judges next to professional judges in accordance with the civil law legal tradition – similar to the French cour d'assises – who actively analyze and investigate evidence presented by the defense and prosecution.

  1. ^ Johnson, David T. (7 September 2009). "Early Returns from Japan's New Criminal Trials". The Asia-Pacific Journal: Japan Focus. 7 (36).
  2. ^ Dobrovolskaia, Anna (2008). "The Jury System in Pre-War Japan: An Annotated Translation of "The Jury Guidebook" (Baishin Tebiki)" (PDF). Asian-Pacific Law & Policy Journal. 9 (2): 238.
  3. ^ Haley, JO, The Spirit of Japanese Law, Univ. of Georgia Press, 1998, p. 52.