Japan's Justice System

[Golgo_13]

I just did jury duty and it was basically a waste of time for two days. I was "on-call" for the week of 3/8. I didn't get called in until Friday. I sat there all day from 8:30am until 4:30pm, then just when I was getting ready to go home and be done with my duties, I got called into a courtroom, upon which the judge told us we were out of time so we had to go back on Monday. I sat and waited outside the same courtroom for 2 hours on Monday, and when we finally went in, the judge told us the defendant had accepted a guilty plea offer. All done and excused--I had performed my civic duties.

But then again, I'm not sure if I like the Japanese system of having trials in front of a panel of judges instead of a jury.


http://www.japantimes.co.jp/cgi-bin/getarticle.pl5?eo20001225kh.htm

 

[Grandpa Frank]

And They Say Down South Is Bad !!

When I last had jury duty, a case came up to do with child molestation. The judge asked if any of the 80 or so jurors had been molested or had someone close to them that had been. About 60 people or more raised their hands. Must be the cold weather & cabin fever?

Frank

 

[Golgo_13]

Is Maine considered part of the Appalachians? Not as bad as Tennessee or Kentucky though.

 

[Grandpa Frank]

I DON'T KNOW LET ME ASK MY SISTER , ahh I MEAN...

Is Maine considered part of the Appalachians? Not as bad as Tennessee or Kentucky though.

my wife; her IQ is 14 & I'm only a 9!! I ain't never heard of them apalacia thing-a-ma-bobbies??

Frank

 

[Golgo_13]

A stand-up comedy routine by Henry Cho, a native of Knoxville, Tennessee:

"My parents want me to marry a nice Korean girl, but the only nice Korean girl I know is my sister. . . but back home in Tennessee, that's legal."

 

[Golgo_13]

Back to the topic.

I've recently been watching a Japanese Drama titled "Igi Ari" (Objection!). It deals a lot with the Japanese criminal justice system.

Also a great end theme by ZARD

 

[Elizabeth]

But then again, I'm not sure if I like the Japanese system of having trials in front of a panel of judges instead of a jury.


http://www.japantimes.co.jp/cgi-bin/getarticle.pl5?eo20001225kh.htm

All may not be lost however as there still may be a Judiciary Reform Council in place working on the issue. From from a friend and casual observer of current events just a short time back:

日本おける陪審員制度の導入についてですが、今みたいに忙しい時に陪審員になってしまったらちょっと困り
ますね。裁判官だけによる判決には確かに社会常識と異なった判決が下される場合があるので、その点では
陪審員制度は利点があると思います。ただし通常、市民陪審員は法律の素人のなのでプロフェッショナルで
ある裁判官に向かって本当に対等に意見が言えるかどうかは疑問がのこります。

 

[Mandylion]

But judges are there in part to balance out the amature nature of a jury.

Elizabeth's passage talks about people being too busy, the question of a jury's opinon in equal standing to a judges (jury verdicts being taken seriously), and the benefit of a jury being a better reflection of "current common sense."

But I would have a bigger concern as to how a jury would reach its decision. It takes so long for a group of Japanese people to decide where to eat for lunch, I can't imagine the delays in deciding guilt and innocence Then you would have the problem of senior-junior relationships. Sometimes being on a jury means taking a strong stand in opposition to others - like when everyone thinks the defendant is guilty/innocent - and then you have to convice others you are right or have others pursuade you to change your mind.

None of these are traits (debate being foremost on the list) I have seen Japanese people display in abundance. I'm not saying that they couldn't do a good job on a jury, or couldn't be trusted to act in a fair and just way, but rather that the jury system does not lend itself well to Japanese dynamics as I have experienced them.

 

[Grandpa Frank]

Interesting Ideas !! Makes Me Want To See....

a Japanese version of the old American movie "12 ANGRY MEN" with Henry Fonda! Imagine taking 12 of Japan's top actors and doing a remake!

Frank

 

[Elizabeth]

But I would have a bigger concern as to how a jury would reach its decision. It takes so long for a group of Japanese people to decide where to eat for lunch, I can't imagine the delays in deciding guilt and innocence Then you would have the problem of senior-junior relationships. Sometimes being on a jury means taking a strong stand in opposition to others - like when everyone thinks the defendant is guilty/innocent - and then you have to convice others you are right or have others pursuade you to change your mind.

None of these are traits (debate being foremost on the list) I have seen Japanese people display in abundance. I'm not saying that they couldn't do a good job on a jury, or couldn't be trusted to act in a fair and just way, but rather that the jury system does not lend itself well to Japanese dynamics as I have experienced them.

These were the first concerns that came to my mind as well and the jist of how I responded. His concern is more that Japanese tend to be too exlusionary, not only of foreigners but of "different" of their own citizens as well. It is interesting, though. Most likely simply the absense of any strong foils that would reflect these qualities you mention back to themselves.

 

[Elizabeth]

But judges are there in part to balance out the amature nature of a jury.
Elizabeth's passage talks about people being too busy, the question of a jury's opinon in equal standing to a judges (jury verdicts being taken seriously), and the benefit of a jury being a better reflection of "current common sense."
But I would have a bigger concern as to how a jury would reach its decision. It takes so long for a group of Japanese people to decide where to eat for lunch, I can't imagine the delays in deciding guilt and innocence Then you would have the problem of senior-junior relationships. Sometimes being on a jury means taking a strong stand in opposition to others - like when everyone thinks the defendant is guilty/innocent - and then you have to convice others you are right or have others pursuade you to change your mind.
None of these are traits (debate being foremost on the list) I have seen Japanese people display in abundance. I'm not saying that they couldn't do a good job on a jury, or couldn't be trusted to act in a fair and just way, but rather that the jury system does not lend itself well to Japanese dynamics as I have experienced them.

Has a trial by jury system been inaugurated in Japan yet ? Someone asked me the other day my opinion and I was completely caught off guard. Hadn't heard any consideration of it in ages.

Anyone with more up to date info on this issue ?

 

[Mike Cash]

Google led me to this:

http://tinyurl.com/2lubpy

 

[GaijinPunch]

I wonder if they will have lawyers specializing in the "weed out" process.