This year marks the passage of 10 years since the start of the lay judge system, in which ordinary people take part in the hearings of criminal court trials. It is critical to improve public understanding of the system and continue emphasizing the significance of participating in lay judge trials.
The purpose of introducing the system was to heighten the people's confidence in the judicial system through participation in trials. More than 90,000 persons have so far served as lay judges or supplementary lay judges, and close to 12,000 defendants have been given sentences.
There have been many cases in which popular feelings have been applied in the rulings.
There has been a conspicuous tendency among lay judges to opt for severe punishments in sex crimes, compared with those handed down during the time when cases were exclusively examined by professional judges. This is a result of the public's severe stance on despicable offenses being reflected in their judgments. The fact that more than half of the suspended sentences included probation seems to indicate that lay judges placed importance on rehabilitating the accused.
The scene in courtrooms has changed. Courts of justice invite witnesses to directly testify, rather than examining the records of oral statements made during investigations. This style has taken root. There is no doubt that the system is achieving easy-to-understand trials.
Due to the necessity of clarifying points of contention before the start of a trial, prosecutors have expanded the disclosure of evidence to defense lawyers. There has been an increase in the percentage of defendants released on bail, partly because of their requests to secure enough time for preliminary discussions with defense counsels. It is safe to say that the lay judge system has caused changes in the management of criminal justice.
Reduce burden
What is worrying is a continued increase in the percentage of people who decline to serve as lay judges despite being nominated for that position. The figure was 53 percent at the start of the system, but it jumped to 67 percent in 2018.
If this trend goes unchecked, the position of lay judge will, sooner or later, be assumed only by people who have a lot of time to spare. A lack of balance in the occupations and ages of lay judges could shake the basis of the system, which seeks to reflect the viewpoints held by a wide range of people in trials.
The probable cause of the problem is that lay judge trials last for extended periods. The average length of required time, starting with the first hearing of a trial and ending in the pronouncement of a judgment, has more than doubled over the past 10 years. Needless to say, the time necessary for those procedures must be secured to examine a case in a substantive manner, but courts of justice should be advised to devise plans for examining cases as swiftly as possible.
Another key is the degree to which corporations and other entities from which people are sent for trials will cooperate in creating an environment in which people can easily participate.
Some have persisted in saying that lay judges' experience has not been shared among the public, resulting in the lack of progress in promoting understanding of the system. It is essential to examine whether the duty of confidentiality imposed on lay judges is hindering them from relating their valuable experience to others.
Another task is to ease the burden of serving as a lay judge. A total of 37 defendants were sentenced to death in lay judge trials, and three of those convicts have been executed. There is no telling how greatly lay judges feel psychological pressure as they have to make such extreme choices. Providing meticulous care is important, such as facilitating a system in which continued consultations can be provided.
(From The Yomiuri Shimbun, May 19, 2019)
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