TY - JOUR
T1 - Lay participation in the Japanese justice system
T2 - A few preliminary thoughts regarding the lay assessor system (saiban-in seido) from domestic historical and international psychological perspectives
AU - Anderson, Kent
AU - Nolan, Mark
AU - Director, Information
PY - 2004
Y1 - 2004
N2 - The Authors introduce and critique Japan's proposed quasi-jury or lay assessor system (saiban·in seida). The proposed mixed-court will haue judges and lay people deciding together both guilt and sentences in serious criminal cases. lts proponents haue promised that the lay assessor system will prodllce better justice in the courts aud a more democratic society for Japan. The Authors first expose the competing interests in the lay assessor drafting process, examining I.heir subtly but. importantly varied proposals. Second, the Autlwrs historically review lay participation in Japan, arguing that it has failed to deliver better justice and more democracy because the existing systems have been marginalized by disuse or captured by law specialists. Third. the Authors consider the proposal in light of international psycholog)' research suggesting that early criticism of the system may be circumspect. The Altlhors conclude with cautious optimism regarding the pot.ential of the new Japanese system and (l call for more research to fine-tune the proposal and rightfully introduce it as a comparative global model.
AB - The Authors introduce and critique Japan's proposed quasi-jury or lay assessor system (saiban·in seida). The proposed mixed-court will haue judges and lay people deciding together both guilt and sentences in serious criminal cases. lts proponents haue promised that the lay assessor system will prodllce better justice in the courts aud a more democratic society for Japan. The Authors first expose the competing interests in the lay assessor drafting process, examining I.heir subtly but. importantly varied proposals. Second, the Autlwrs historically review lay participation in Japan, arguing that it has failed to deliver better justice and more democracy because the existing systems have been marginalized by disuse or captured by law specialists. Third. the Authors consider the proposal in light of international psycholog)' research suggesting that early criticism of the system may be circumspect. The Altlhors conclude with cautious optimism regarding the pot.ential of the new Japanese system and (l call for more research to fine-tune the proposal and rightfully introduce it as a comparative global model.
KW - ANU Digital Collections Repository
KW - Journal article
UR - https://www.mendeley.com/catalogue/04442f2f-2d86-3638-94b1-2e4c2e1423dc/
M3 - Article
JO - Vanderbilt Journal of Transnational Law
JF - Vanderbilt Journal of Transnational Law
SN - 0090-2594
ER -