Lay judges and the hesitant shift in Japan's criminal trial culture
Purpose: This study assesses whether the introduction of the Saiban’in (lay judge or trial by jury) system in Japan’s criminal courts, now in place for over a decade and a half, has led to a shift in the culture of the criminal justice process, particularly in cases where the potential outcome for t...
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| Tipo de documento: | Print Artículo |
| Lenguaje: | Inglés |
| Publicado: |
2025
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| En: |
Law and culture in Japan
Año: 2025, Páginas: 111-125 |
| Acceso en línea: |
lizenzpflichtig |
| Verificar disponibilidad: | HBZ Gateway |
| Palabras clave: |
| Sumario: | Purpose: This study assesses whether the introduction of the Saiban’in (lay judge or trial by jury) system in Japan’s criminal courts, now in place for over a decade and a half, has led to a shift in the culture of the criminal justice process, particularly in cases where the potential outcome for the accused is life imprisonment or the death penalty. Methodology/approach: This research analyzes secondary materials in both Japanese and English, alongside interviews and testimonies from former lay judges. Additionally, surveys and statistics carefully compiled by the Supreme Court of Japan are examined to provide a comprehensive view of the Saiban’in system’s impact. Findings: The Saiban’in system presents a mixed picture. While professional judges manage their courts to maintain harmony and avoid dissatisfaction among lay judges, this control may also limit the pro-active and critical involvement of lay judges, thereby preventing a genuine challenge to the entrenched culture of Japan’s criminal justice system – the very culture that necessitated the introduction of the Saiban’in system in the first place. Originality/value: The originality of this study lies in its use of the concept of legal culture to provide a balanced, unbiased analysis of the Saiban’in system. This assessment opens space for further research, particularly regarding the role of other social actors, such as the media, in promoting a shift away from paternalism within Japan’s criminal justice system. |
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| Notas: | Literaturverzeichnis: Seite 125 |
| ISBN: | 9781836088691 |
| DOI: | 10.1108/S1521-613620250000030008 |
