Author: Sung Yoon ChoPublisher:
ISBN:
Category : Jurors
Languages : en
Pages : 5
Book Description
A Short History of the Japanese Jury System
Author: Sung Yoon ChoThe Development of Jury Service in Japan
Author: Anna DobrovolskaiaPublisher: Taylor & Francis
ISBN: 1317035984
Category : Law
Languages : en
Pages : 296
Book Description
This book presents a comprehensive account of past and present efforts to introduce the jury system in Japan. Four legal reforms are documented and assessed: the implementation of the bureaucratic and all-judge special jury systems in the 1870s, the introduction of the all-layperson jury in the late 1920s, the transplantation of the Anglo-American-style jury system to Okinawa under the U.S. Occupation, and the implementation of the mixed-court lay judge (saiban’in) system in 2009. While being primarily interested in the related case studies, the book also discusses the instances when the idea of introducing trial by jury was rejected at different times in Japan’s history. Why does legal reform happen? What are the determinants of success and failure of a reform effort? What are the prospects of the saiban’in system to function effectively in Japan? This book offers important insights on the questions that lie at the core of the law and society debate and are highly relevant for understanding contemporary Japan and its recent and distant past.
Popular Participation in Japanese Criminal Justice
Author: Andrew WatsonPublisher: Springer
ISBN: 3319350773
Category : Social Science
Languages : en
Pages : 180
Book Description
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.
Juries in the Japanese Legal System
Author: Dimitri VanoverbekePublisher: Routledge
ISBN: 1317487338
Category : Social Science
Languages : en
Pages : 220
Book Description
Trial by jury is not a fundamental part of the Japanese legal system, but there has been a recent important move towards this with the introduction in 2009 of the lay assessor system whereby lay people sit with judges in criminal trials. This book considers the debates in Japan which surround this development. It examines the political and socio-legal contexts, contrasting the view that the participation of ordinary citizens in criminal trials is an important manifestation of democracy, with the view that Japan as a society where authority is highly venerated is not natural territory for a system where lay people are likely to express views at odds with expert judges. It discusses Japan’s earlier experiments with jury trials in the late 19th Century, the period 1923-43, and up to 1970 in US-controlled Okinawa, compares developing views in Japan on this issue with views in other countries, where dissatisfaction with the jury system is often evident, and concludes by assessing how the new system in Japan is working out and how it is likely to develop.
The Outlines of the History of the Judicial System of the Empire of Japan
Author: Japan. ShihōshōJuries in the Japanese Legal System
Author: Dimitri VanoverbekePublisher: Routledge
ISBN: 9781138554092
Category :
Languages : en
Pages : 232
Book Description
Trial by jury is not a fundamental part of the Japanese legal system, but there has been a recent important move towards this with the introduction in 2009 of the lay assessor system whereby lay people sit with judges in criminal trials. This book considers the debates in Japan which surround this development. It examines the political and socio-legal contexts, contrasting the view that the participation of ordinary citizens in criminal trials is an important manifestation of democracy, with the view that Japan as a society where authority is highly venerated is not natural territory for a system where lay people are likely to express views at odds with expert judges. It discusses Japan�s earlier experiments with jury trials in the late 19th Century, the period 1923-43, and up to 1970 in US-controlled Okinawa, compares developing views in Japan on this issue with views in other countries, where dissatisfaction with the jury system is often evident, and concludes by assessing how the new system in Japan is working out and how it is likely to develop.
The Japanese Legal System
Author: Tom GinsburgPublisher: Robbins Collection
ISBN: 9781882239207
Category : Justice, Administration of
Languages : en
Pages : 238
Book Description
Japan's legal system has entered its second decade since the adoption of the Justice System Reform Council Report in 2001, and its third decade of what have been called the Heisei reforms, after the current Imperial reign. This period has seen what must be characterized as steady restructuring of legal institutions, with the intention of producing a more responsive legal system. The most dramatic changes-those to legal education, to civil procedure, and to the criminal trial process with the introduction of the jury system-have now had several years to operate. Yet it is becoming clear that in numerous other areas of law there have been substantive changes, and that these may have significant consequences for Japanese society in the decades ahead. This volume seeks to provide a snapshot of many of these areas of legal change, and to explore how innovations are operating in practice.
Juries, Lay Judges, and Mixed Courts
Author: Sanja Kutnjak IvkovićPublisher: Cambridge University Press
ISBN: 110892297X
Category : Law
Languages : en
Pages : 380
Book Description
Although most countries around the world use professional judges, they also rely on lay citizens, untrained in the law, to decide criminal cases. The participation of lay citizens helps to incorporate community perspectives into legal outcomes and to provide greater legitimacy for the legal system and its verdicts. This book offers a comprehensive and comparative picture of how nations use lay people in legal decision-making. It provides a much-needed, in-depth analysis of the different approaches to citizen participation and considers why some countries' use of lay participation is long-standing whereas other countries alter or abandon their efforts. This book examines the many ways in which countries around the world embrace, reject, or reform the way in which they use ordinary citizens in legal decision-making.
Japan and Civil Jury Trials
Author: Matthew J. WilsonPublisher: Edward Elgar Publishing
ISBN: 1783479191
Category : Law
Languages : en
Pages : 200
Book Description
With effective solutions in both criminal and civil disputes at a premium, reformers have advanced varied forms of jury systems as a means of fostering positive political, economic, and social change. Many countries have recently integrated lay partici
Official Responses to Problem Juveniles
Author: Jim HacklerPublisher:
ISBN: 9788460080053
Category : Juvenile delinquency
Languages : en
Pages : 403
Book Description