Juries in the Japanese Legal System
Routledge – 2015 – 256 pages
Series: Routledge Law in Asia
Trial by jury is not a fundamental part of the Japanese legal system, but there has been a recent important move towards this with the introduction in 2009 of the lay assessor system whereby lay people sit with judges in criminal trials. This book considers the debates in Japan which surround this development. It examines the political and socio-legal contexts, contrasting the view that the participation of ordinary citizens in criminal trials is an important manifestation of democracy, with the view that Japan as a society where authority is highly venerated is not natural territory for a system where lay people are likely to express views at odds with expert judges. It discusses Japan’s earlier experiments with jury trials in the period 1923-43, and up to 1970 in US-controlled Okinawa, compares developing views in Japan on this issue with views in other countries, where dissatisfaction with the jury system is often evident, and concludes by assessing how the new system in Japan is working out and how it is likely to develop.
Introduction: Law in Japan: Changing Perceptions in a Changing Society 1. Stability and Reforms in a ‘Traditional’ Society: The Development of Legal Institutions in Japan 2. A Public Policy Perspective on the Judicial Reforms in Heisei Japan 3. The Jury System in Modern Japan (1928-1943): Revolution Failed? 4. Trial by Jury in Okinawa: An Experience with Trial by Jury 5. Establishing the Jury System in today’s Japan 6. Trial by Jury and Japanese Society 7. Trial by Jury in Action 8. The Jury System in Japan in a Comparative Perspective 9. Conclusion
Dimitri Vanoverbeke is Professor of Japanese Studies at the Catholic University of Leuven, Belgium.