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UPDATE: Saturday, June 12, 2010      The Japan Times Weekly    2010年6月5日号 (バックナンバー)
 
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A better way after a year
(From The Japan Times May 26 issue)

 


要約
裁判員制度一年、指摘踏まえ改善へ

May 21 marked the first anniversary of the lay judges law taking effect. The first trial in which lay judges took part started in August 2009. The system, aimed at increasing public participation in the delivery of criminal justice, is based on a June 2001 proposal by the government panel on reform of the judiciary. In principle, six lay judges and three professional judges handle first-stage trials for serious crimes such as murder and rape.

So far, some 16,000 people have been summoned to court as lay judge candidates and nearly 2,900 have been chosen to serve as lay judges. But some people are of the opinion that the Constitution presupposes trials by professional judges, and that the lay judge system violates the constitutional "right to a speedy and public trial by an impartial tribunal."

The Supreme Court should pay close attention to the views of those who have served as lay judges. Some say that professional judges appear to steer lay judges' opinions in a certain direction during discussions, and that professional judges lack the ability to understand ordinary citizens' feelings and thinking.

As of May 20, 1,881 suspects had been indicted on charges for lay judge trials. Only 530, or 28 percent, have received rulings — all guilty verdicts. This shows how long it takes for the pretrial procedure to narrow down the evidence to be used at trials. While speed is important, the prosecution should be legally required to disclose all the evidence it has to defense counsels to ensure a fair trial. Making the pretrial procedure open to the public should also be considered.

There is the view that public prosecutors appear to have honed their argumentation ability better than defense lawyers. Bar associations should seek ways to enhance lawyers' forensic skills in court. Current gag orders imposed on lay judges are extremely strict. The Supreme Court should relax them, giving lay judges clear guidelines on what they can and cannot talk about.

The law calls for a review of the system after three years. The Diet, the judiciary, the administration and the bar associations should now start considering how to improve the lay judge system.

The Japan Times Weekly: June 5, 2010
(C) All rights reserved
 

一般市民6人が刑事裁判の審理に参加する裁判員制度施行から1年がたった。しかし憲法は職業裁判官による裁判を前提としており、同制度は憲法違反との意見もある。

裁判官は裁判員の意見を誘導している、一般感情の理解に欠けるといった、裁判員経験者の指摘に最高裁は耳を傾けるべきだ。

判決を受けた被告数は起訴された人数の約4分の1で、判決は全て有罪。事前に証拠を絞り込む公判前整理手続きが長期化している。迅速性は大事だが、検察証拠全面開示の法定化や公判前手続きの透明化も検討すべきだ。

検察と弁護人の力量の差は弁護士会の課題だ。最高裁には裁判員守秘義務の緩和が求められる。

裁判員制度は施行3年が経過すれば見直しが検討される。国会、司法当局、行政、弁護士会は制度の改善を今から検討すべきだ。

The Japan Times

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