Lay judge system starts amid doubts

The citizen judge system took effect Thursday, and the justice minister has already said modifications may be needed to remove apprehensions lingering among the public.

"Regarding the operation of the system, it is quite possible that we will reflect (necessary improvements) while following the developments," Justice Minister Eisuke Mori said at a news conference.

Mori said in effect that amendments could be made before the system is reviewed after three years.

Under the system, six citizen judges will join three professional judges for trials involving serious crimes, such as murder and inflicting injuries resulting in death.

The lay judges will not only help in deciding the verdict, but they will also be involved in the sentencing.

Many people have expressed reluctance toward serving as citizen judges because of the prospect of having to sentence someone to death.

"In a way, it is only natural," Mori said. "But it is also a reality that the death penalty helps maintain social order. The fact that debate is occurring on a national level should be welcomed."

Although the system has officially started, the first lay judges will not sit in on a trial until late July. The cases they will try involve those prosecuted starting Thursday.

Some legal experts have raised other concerns about the system, including whether the defense will have enough time to prepare for pretrial procedures.

Before an actual trial is held, judges, prosecutors and defense lawyers will discuss the points of contention and evidence to speed up the trial process.

Another concern is how far citizen judges should be bound by confidentiality rules regarding details of the trial proceedings.

Although a jury system existed in Japan from 1928 to 1943, the new system is the first in modern Japanese history in which ordinary citizens will be asked to impose sentences against those convicted.

Mori said the new system "would significantly change the judiciary" by placing trials "in the hands of a democratic society."

"What we are seeking is the sense and perspectives that ordinary citizens have developed through everyday life. I ask that people relax and participate in the trials as their regular selves," Mori said.

The new system is being implemented under the citizen judge system law, which was established in May 2004.

Summoning notices will be sent to lay judge candidates at least six weeks before the hearings start.(IHT/Asahi: May 22,2009)