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UPDATE: Saturday, June 12, 2010      The Japan Times Weekly    2009年8月22日号 (バックナンバー)
 
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New criminal trials under the lay judge system start smoothly
(From The Japan Times Aug. 14 issue)

 


要約
順調な滑り出しを見せた裁判員制度

The first criminal trial under the lay judge system ended in the Tokyo District Court on Aug. 6, and a second such trial wrapped up in the Saitama District Court on Aug. 12.

The first trial resulted in a 72-year-old Tokyo man being given 15 years in prison for stabbing to death a 66-year-old female neighbor; the prosecution had sought 16 years. The trial proceeded rather smoothly since the defendant had admitted his guilt. The main point of contention was the degree of his intent to murder. Even so, it is significant that the proceedings under the new system became much easier for the public to understand.

Maps, illustrations and photos were used for clarification, and the ruling was written in easy-to-understand language. Thus a first step was taken in making criminal trials more open to the public. Although a professional judge in the Tokyo trial at one point appeared to pose a question on behalf of the lay judges, all six lay judges eventually asked their own questions.

More effort appears needed to help the lay judge system take root in Japanese society. At present, a strict gag order under threat of punishment is imposed on lay judges. Restrictions should be eased to enable the public to understand what points the lay and professional judges made, and how and why they reached their rulings. Allowing lay judges to speak more freely can help shed light on any problems in the lay judge system.

To shorten the proceedings and help them run smoother, professional judges, public prosecutors and defense lawyers hold pretrial meetings to narrow down the main arguments and evidence in the case. Since the prosecution, as a state organ, is in a much stronger position than the defense, it should be legally required to present all the evidence it possesses at these meetings.

To prevent conviction on false charges, lay judges must carefully scrutinize the prosecution's evidence in an objective manner and not be swayed by the emotions voiced by crime victims or their relatives. Professional judges can play an important role in helping lay judges in these matters.

The Japan Times Weekly: August 22, 2009
(C) All rights reserved
 

東京地裁で開かれた全国初の裁判員裁判で、殺人罪に問われた72歳の被告に懲役15年(求刑、懲役16年)の判決が下された。審理は比較的順調だったが、新制度のもと市民に理解しやすい審理となったことは注目すべきだ。視覚に訴え、難解な用語が平易な言葉に換えられた立証で、裁判員全員が被告人質問をした。

新制度が根付くには努力が必要だ。守秘義務違反の罰則を軽減し裁判員が判断の過程や理由を語れば、制度の問題点も明らかになる。証拠や論点を絞り込む公判前整理手続きでは、国家機関である検察側が弁護側より有利なため、公判前の全証拠開示を法で定めるべきだ。

裁判員は被害者や家族の感情に流されず、検察側の証拠を客観的に精査して冤罪を防ぐ必要があるが、裁判官はその手助けができるだろう。

The Japan Times

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