{"id":8141,"date":"2007-09-22T22:42:51","date_gmt":"2007-09-23T03:42:51","guid":{"rendered":"http:\/\/blogs.law.harvard.edu\/ethicalesq\/2007\/09\/22\/the-saiban-in-jury-system-is-comin"},"modified":"2011-08-05T14:53:42","modified_gmt":"2011-08-05T18:53:42","slug":"the-saiban-in-jury-system-is-coming-to-a-reluctant-japan","status":"publish","type":"post","link":"https:\/\/archive.blogs.harvard.edu\/ethicalesq\/2007\/09\/22\/the-saiban-in-jury-system-is-coming-to-a-reluctant-japan\/","title":{"rendered":"the saiban-in jury system is coming to a reluctant Japan"},"content":{"rendered":"
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\u201cTo this day, we value harmony,<\/em>\u201d she said, and, referring to a haiku by Basho, Japan\u2019s greatest poet, she added, \u201cIn Japan, to not speak is considered a virtue<\/em>.\u201d …… Fusako Kimura, 73, quoted i<\/em>n New York Times,<\/em> “Japan Learns Dreaded Task of Jury Duty<\/a>” (July 16, 2007).<\/p><\/blockquote>\n<\/blockquote>\n<\/blockquote>\n

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noisy reed thrush–
\nthe big river flows
\nin silence<\/p><\/blockquote>\n<\/blockquote>\n

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how quiet
\nthe light blue morning-glory…
\nsuch good manners<\/p><\/blockquote>\n<\/blockquote>\n

<\/blockquote>\n
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losing the contest
\nI discover
\nthe lord’s mum won
\n……………………………………….. by Kobayshi Issa<\/a>, translated by David G. Lanoue<\/p><\/blockquote>\n<\/blockquote>\n<\/blockquote>\n

<\/blockquote>\n<\/blockquote>\n

M<\/em><\/strong>ilwaukee trial lawyer Anne Reed<\/a> will be hosting Blawg Review<\/em> #127<\/a> on Monday, September 24, 2007, at her juries and jury trial weblog called Deliberations<\/a><\/em>. In my pre-Blawg-Review<\/em><\/a> stop at Deliberations<\/em> today, I discovered a fascinating topic that should interest f\/k\/a<\/em> readers, whether they care about legal systems or Japanese culture: “Juries In A Quiet Land: ‘Saiban-In’ Comes To Japan<\/a>” (Deliberations<\/em>, September 20, 2007). [And see, Rough justice in Japan<\/a>, BBC radio broadcast (September 2007; via Foley Square<\/a><\/em> weblog] As they explain at the Japan Juries and Democracy Program<\/a> webpage of the University of Montana’s Mansfield Center<\/a>:<\/p>\n

“Japan is in the middle of a dramatic reform of its judicial system that would have appealed to the democratic instincts of Mike Mansfield. In 2001, the Japanese Diet enacted the Saiban-In law (“Lay Assessors Act<\/em>“), which takes effect in [May] 2009. This law creates a new quasi-jury system in Japan whereby persons charged with major crimes will have both their guilt and sentence determined by a judicial panel composed of three professional judges and six lay persons, rather than by professional judges alone. Japan had a classic jury system briefly in the pre-war period, but the return to citizen participation in the judicial process is a big break with the past and signifies a bold commitment to promote democracy.”<\/p><\/blockquote>\n

A recent New York Times<\/em> article<\/a> gives further details, noting that “In the new system, judges and jurors, with one vote each, will decide cases by a simple majority. Jurors can ask questions in the courtroom, and through their numbers can effectively overrule the judges. Even though all three judges may rule that a defendant is guilty in a case, a not-guilty ruling by at least five of the jurors will prevail. The only exception involves a guilty ruling: even if all six jurors vote guilty, the ruling will not stand unless at least one of the three judges shares that verdict.” This sounds like a major breakthrough for citizen participation in the judicial system, but the Times<\/em> voices a concern that is also heard throughout Japan:<\/p>\n

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“But for it to work, the Japanese must first overcome some deep-rooted cultural obstacles: a reluctance to express opinions in public, to argue with one another and to question authority.<\/p>\n

“To win over a skeptical public, Japan\u2019s courts have held some 500 mock trials across the country. . . . Still, polls show that 80 percent are dreading the change and do not want to serve as jurors, a reluctance that was on display among the mock jurors here.”<\/p>\n

“. . . . ‘There is no denying that great submissiveness is part of the national character,’ Judge [Tomonao Onizawa, who is the councilor general at the Supreme Court] said. But, he added, ‘I think this will change gradually.’<\/p>\n

“But opponents say that change is unlikely because the judges will overwhelm the jurors. Many favor an American-style jury system, which would separate argument-averse Japanese from the judges.”<\/p><\/blockquote>\n<\/blockquote>\n

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Japan’s Ministry of Justice<\/a> has launched a major campaign to educate the public, including pamphlets, slick advertisements,<\/p>\n

and even movies. <\/p><\/blockquote>\n<\/blockquote>\n

having a jumping contest
\na night burglar
\na cuckoo<\/p>\n

locked in a staring contest
\nme…
\nand a frog<\/p><\/blockquote>\n

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soon enough
\nthe man-killing man too…
\njust dew on the grass<\/p><\/blockquote>\n<\/blockquote>\n

in hell’s mirror
\nthe plum-blossom thief’s
\nreflection<\/p><\/blockquote>\n

mother cat
\nsteals for her kittens…
\nrun faster!<\/p>\n

………………… by Kobayshi Issa<\/a>, translate d by David G. Lanoue
\n<\/a><\/p><\/blockquote>\n

For additional information on Saiban-in, see:<\/p>\n