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  • 4 - Lay Participation in the Criminal Trial in Japan

  • from Part I - Advances in Lay Participation
  • Edited by Sanja Kutnjak Ivković, Michigan State University, Shari Seidman Diamond, Northwestern University, Illinois, Valerie P. Hans, Cornell University, New York, Nancy S. Marder, Chicago-Kent College of Law
  • Book:
    Juries, Lay Judges, and Mixed Courts
    Published online:
    03 August 2021
    Print publication:
    29 July 2021, pp 69-87

  • Summary

    Ten years have passed since the lay judge or Saiban’in system was introduced in Japan in 2009. Not only did this have a significant impact on the way the criminal court operates, but it also represented an important step in raising the legal consciousness of citizens regarding state affairs. This chapter has three objectives. First, we present a brief history of the varied systems of lay participation adopted in Japan and examine the sociopolitical context in which the most recent system of Saiban’in trial was introduced. Second, we analyze the functioning of the lay judge system in its first decade of operation. Finally, we examine the sociopolitical consequences of the lay judge system in relation to: (a) Saiban’in trials of foreign military personnel stationed in Okinawa; (b) the contribution of the Former Lay Judge Network to calls for the abolition of the death penalty; and (c) the role of former Saiban’in in the 2016 implementation of recording and videotaping of interrogations. We conclude by examining the future of the lay participation system in Japan.