Interpreters pushed to limit in mock trial for foreign defendant

Thursday 10th July, 06:34 AM JST

TOKYO —

Interpreters who took part in the first-ever mock trial for a defendant of foreign nationality ahead of the introduction of lay judges in Japan said Wednesday that a court session extending the whole day pushed them to the limit of concentration and stamina.

The trial was held at the Chiba District Court for two days under a scenario in which a Chinese Singaporean woman pleaded not guilty to a drug smuggling charge after nearly 2 kilograms of amphetamines were found in her suitcase at Narita airport in Chiba Prefecture. The woman claimed the drugs were put there by an acquaintance without her knowledge.

Two professional court interpreters translated statements by the defendant, questions by lay judges to the defendant and her replies to the questions.

‘‘In deliberations that run from morning until night, physical strength and concentration are required,’’ one of the interpreters said. ‘‘Unless meticulous steps are taken in arranging breaks and other matters, we’ll be pushed to the limit.’‘

It took about two hours for a verdict to be delivered following the end of deliberations.

‘‘It took time to have the verdict and all other documents translated,’’ Presiding Judge Hiroshi Furuta said. ‘‘We need to find a more efficient trial procedure.’‘

The panel of lay and professional judges rendered a guilty verdict, saying the defendant made ‘‘unreasonable’’ statements. The woman was sentenced to a prison term of eight years and fined 5 million yen, while prosecutors had sought 13 years in prison and a fine of 7.5 million yen.

The Chiba District Court handles similar cases because of Narita International Airport, the biggest international airport in Japan. Last year, 52 cases involving foreign nationals would have been subject to the lay judge court. Lay judges are scheduled for introduction next year.

Under the citizen judge system, professional judges and lay judges will try such serious crimes as murder, robbery resulting in death, injuries leading to death and arson.

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Latest 15 of 28 Total Comments Show All

jbro888 at 12:56 PM JST - 10th July

So... how do they do these mock trials anyways. Its a mock trial so she really didnt do it, and they still convicted her. Does that mean the jury are idiots?

Or.. i dont understand
thepro at 01:04 PM JST - 10th July

I also fear that one person will control the rest of the jury. I see that kind of thing at work all the time with Japanese people.
Zen_Builder at 01:06 PM JST - 10th July

Thepro.

I agree there were even western movies about just such scenarios.
Naruki_Oni at 01:06 PM JST - 10th July

Zen_Builder at 09:15 AM JST - 10th July ... and thus NOT true justice

LOL! That you think such a thing exists is adorable.

That you would trust the power of determining this to fewer hands rather than greater is worrisome.

That you think their wielding of this power for extremely long periods of time (the length of their professional careers) would not invite far more corruption is frightening.

The US forefathers created a trial by jury system exactly because the judges and lawyers alone were far too corrupt.

In fact, they have more reason to be corrupt, since a juror cannot easily benefit from abusing his authority.
European1 at 01:15 PM JST - 10th July

The panel of lay and professional judges rendered a guilty verdict, saying the defendant made ‘‘unreasonable’’ statements. The woman was sentenced to a prison term of eight years and fined 5 million yen, while prosecutors had sought 13 years in prison and a fine of 7.5 million yen.

Whats the changes in this system? 99.9% convictions stay as it was even in "dry" trial. Whatever they do, its not going to change.
GW at 02:07 PM JST - 10th July

At first I thought this system wud improve things(cudnt get much worse can it), but I didnt realize the lay judges wud be allowed to ask questions & openly participate vs observe, make notes.......this cud even be more scary than what we have now.

And as others have pointed out, one lay judge cud easily end up controling things, this happens constantly in Jpn.

A word of advice, get in trouble with the law head for an airport fast as humanly possible it`ll be yr only chance, otherwise its a given、your toast!
PrinceskaNo1 at 02:18 PM JST - 10th July

I want to become a translator in the court room. I will always translate favourably for the male foreigners (the handsome ones).
dennis0bauer at 03:22 PM JST - 10th July

what did the translators translate she said"i am innocent!" Translator, "she says; she is burdened by inconvienciating this country and will take full responsebility for her crime"
Crimsonsil at 04:05 PM JST - 10th July

I want to become a translator in the court room. I will always translate favourably for the male foreigners (the handsome ones).

What about the not so handsome ones?
borscht at 04:56 PM JST - 10th July

I fear the lay judges will wait for the professional judges to make a decision and then nod, yes, what he said. I hope I'm wrong (and several citizens of Beautiful Japan have said I am.)
wilbur at 06:14 PM JST - 10th July

i feel bad for them, having to work a whole day and all...
stanoue at 09:39 PM JST - 10th July

Maybe they need to roster interpretors on for half days/share job if it is such hard work. What is a 'lay' judge? Is this like a jury of normal citizens, or is it some sub-level of judge in Japan? I'm not against a jury system per se. But when my partner got his PR in NZ, less than a month later he was summonsed for jury duty. Of course they let him off when he pleaded crap English skills. But what would have happened if he'd felt like attending for the free lunch and a day off work. Not so effective.
usaexpat at 12:24 AM JST - 11th July

The lay juror system will be even worse than judges passing sentence. Most of the jurors will go along with the majority so they can go back to their lives. Besides, exactly what constitutes a jury of one's peers? If I was the defendent than "peers" means middle class foreign nationals. I would settle for Japanese who had worked in business and lived abroad otherwise it's not a jury of my peers.
PepinGalarga at 12:42 PM JST - 15th July

If they do this, the oldest person inthe jury will influence the younger ones. They will just follow what this one person says. And they older they are, the more bias they are able to introduce. Damned if you do, damned if you don't.

Just being "unreasonable" is not enough. They have to use the western concept of "reasonable doubt". Even however unlikely, if there is any possibility that someone else did the crime, they have to be let go. If you do this, then all the people caught in the airport would be let go from now on.
gogogo at 10:57 AM JST - 16th July

What ever came of this? Are they going to fix the problem?