Popular participation in Japanese criminal justice : from jurors to lay judges / Andrew Watson.
2016
KNX1610 .W38 2016 (Map It)
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Details
Title
Popular participation in Japanese criminal justice : from jurors to lay judges / Andrew Watson.
Published
Switzerland : Palgrave Macmillan, [2016]
Copyright
©2016
Call Number
KNX1610 .W38 2016
Former Call Number
Jpn 865 W331 2016
ISBN
9783319350769 (hardcover ; alkaline paper)
3319350765 (hardcover ; alkaline paper)
9783319350776 (ebook)
3319350773 (ebook)
3319350765 (hardcover ; alkaline paper)
9783319350776 (ebook)
3319350773 (ebook)
Description
xi, 177 pages : illustrations ; 22 cm.
System Control No.
(OCoLC)946461697
Summary
"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. [This book] 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."-- Back cover.
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Donation
Purchased from the income of the Toshiba Fund
Donation

The Toshiba Library for Japanese Legal Research
Purchased from the income of the Toshiba Fund
Table of Contents
1.
New Chapter in Japanese Social and Legal History
1
2.
Earlier Experience of Lay Involvement in Court Decisions in Japan: the Jury 1928--1943
7
3.
Disquiet About Japanese Criminal Justice and a Revival of Interest in Juries
35
4.
Debate About Juries
53
5.
Judicial Reform Council and Its Recommendations
69
6.
Saiban-in Law and Intense Preparation for Its Operation
87
7.
Launch and Then Solid Progress
103
8.
Concerns and Challenges
113
9.
Opinions on the Lay Judge System
145
10.
Successes of Lay Judges and Failures of 1928--1943 Juries
153
Conclusion
161
Appendix 1
Judicial System
165
Appendix 2
Jury Act 1923
167
Appendix 3
Order of Proceedings in a Saiban-in Trial
169
Relevant Additional Sources
171
Index
173