Popular Participation in Japanese Criminal Justice : From Jurors to Lay Judges
Softcover reprint of the original 1st ed. 2016
Book Details
Format
Paperback / Softback
ISBN-10
3319817175
ISBN-13
9783319817170
Edition
Softcover reprint of the original 1st ed. 2016
Publisher
Springer International Publishing AG
Imprint
Palgrave Macmillan
Country of Manufacture
GB
Country of Publication
GB
Publication Date
Jul 6th, 2018
Print length
177 Pages
Product Classification:
JapanAsian historyCrime & criminologyCrime and criminologyPenology & punishmentPenology and punishmentCivil procedure, litigation & dispute resolutionLegal systems: civil procedure, litigation and dispute resolutionCriminal law & procedureCriminal law: procedure and offencesAsian history
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This book analyses the mixed courts of professional and lay judges in the Japanese criminal justice system.
This book analyses the mixed courts of professional and lay judges in the Japanese criminal justice system. It takes a particular focus on the highly public start of the mixed court, the saiban-in system, and the jury system between 1928-1943. This was the first time Japanese citizens participated as decision makers in criminal law. The book assesses reasons for the jury system''s failure, and its suspension in 1943, as well as the renewed interest in popular involvement in criminal justice at the end of the twentieth century.
Popular Participation in Japanese Criminal Justice proceeds by explaining the process by which lay participation in criminal trials left the periphery to become an important national matter at the turn of the century. It shows that rather than an Anglo-American jury model, outline recommendations made by the Japanese Judicial Reform Council were for a mixed court of judges and laypersons to try serious cases. Concerns about the lay judge/saiban-in system are raised, as well as explanations for why it is flourishing in contemporary society despite the failure of the jury system during the period 1928-1943. The book presents the wider significance of Japanese mixed courts in Asia and beyond, and in doing so will be of great interests to scholars of socio-legal studies, criminology and criminal justice.
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