Is Japan Ready for the Jury?

by Matt Kelley · 2009-02-17 05:34:00 UTC
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In May, Japan will begin using juries in criminal trials for the first time in more than 60 years - and the country is scrambling to prepare. The system, called Saiban-in (lay judge), will impanel six jurors from the public and three judges in all cases that could result in a life or death sentence. The jury would determine guilt by a simple majority vote (including at least one judge), and jurors will be encouraged to discuss the facts throughout proceedings, not refrain from discussion until evidence is closed (as we do in the U.S.)

Japanese legal officials have been holding mock trials around the country to prepare citizens for jury duty, even having a theater group perform the play "12 Angry Men" (above). The public still seems a bit apprehensive about the change. In a 2007 poll, 80 percent of Japanese citizens were dreading the change. I'm not sure if that has changed in the last two years.

At a Columbia University panel discussion on Japan's impending legal change, professors expressed concern about the mix of professional judges and public jurors - “I think it’s a difficulty of human nature,” Prof. Jeffrey A. Fagan said, “to argue with someone of a higher status.”

And while Japan moves to toward trial by peers, Russian and Great Britain are restricting the reach of juries - England in cases of fraud, Russia in treason and terrorism cases. Here in the U.S., we're all simply trying to get out of jury duty. NPR's This American Life recently checked in with two New York City court officials about all of the excuses they hear from people trying to get out of jury duty. One guy said he was too racist, others sent photos to illustrate their medical conditions, most say they're simply too busy. Maybe this is what Japan has to look forward to.

Matt Kelley is the Online Communications Manager at the Innocence Project and a graduate of the Medill School of Journalism at Northwestern University. Follow him on Twitter @mattjkelley.
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