Thursday February 16, 2012

Do you think the jury system, which will be introduced in Japan next year, is the best method of determining guilt or innocence in the courtroom?

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  • 0

    Zybster

    I don't know if it's the "best", but at least it may give a chance to escape from the situation where one person, pressured by the system, basically HAS TO give the "guilty" verdict, even at times against the common sense.

  • 0

    smartacus

    The jury system, as it will be applied in Japan, definitely doesn't give me hope. Six jurors will sit with three professional judges. No lay juror is going to disagree with the professional judges. The judges will do all the talking and the sushi chef, OL, salaryman, or whoever will nod their heads and agree as fast as they can so they can go back to their jobs.

    There is also the fear of retaliation from yakuza. No, I'm not optimistic.

  • 0

    simoncpitt

    It is not the best, but a big step forward for Japan.

  • 0

    Nessie

    Presumption of innocence is not well understood, people are poorly trained in logic and logical deduction and too much credence is given to authority. It will become a rubber stamp for whatever the police and prosectors cobble together.

  • 0

    redacted

    Great idea.

    If the thought of being tried by a jury of their peers and the verdict quite possibly being decided with a round of rock-paper-scissors doesn't scare J-criminals straight what will?

  • 0

    rjd_jr

    No. One word: O.J. If you want a "justice system" out of whack, it's the jury system.

  • 0

    dat5h

    Any jury system is less than perfect, but I do believe that its better than making the judge make a decision by himself. Having a group of peers review a case and aid decision making "can" be a very useful thing, but recent polls did say that the Japanese are reluctant. This could mean that for the first few years, the jury will just nod there head as smartacus pointed out. Also, I agree with rjd_jr about the OJ case. In America, at least, people are reluctant and even avidly against putting anyone famous in jail (I do not understand this). It's like they think that they will be able to get browny-points or get invited to spend time with the person. We'll see how it goes, but I think it's a good step to making the public understand how a courtroom works and get them to think about crime objectively and logically.

  • 0

    jinjapan

    although it is a step in the right direction, it will take a good while before it starts to work. japanese basically have no clue about the court system & the govt. has been very slow in introducing it to the japanese. but, with what i believe is the highest prosecution rate in the world, everyone pleads guilty due to pressure, etc... hopefully not so many innocents will be put behind bars. what they need to implement are cameras in interrogation rooms. that would be a big step towards justice.

  • 0

    Hughgarse

    not perfect, but a damn sight better than Japan`s system now.

  • 0

    robin_hood

    Do you think the jury system, which will be introduced in Japan next year, is the best method of determining guilt or innocence in the courtroom?

    What kind of question is this...?

    Do they obviously want people to say NO...?

    Of course it's NOT the BEST, but it's much better than what they have in place now...

    Once they get the Jury system, they need to take a serious look at their Laws, particularly the rights of the accused and their system of appeals...

  • 0

    WhatJapanThinks

    It's not a jury system; lay judge is a much closer description.

  • 0

    greenteaonsens

    God help any gaijin who goes up in frontg of a jury consisting of Tanaka the grumpy salaryman, Michiko the angry frustrated housewife and Kenji the clueless hikikomori otaku freak.

    Yeah, it's really gonna be "a jury consisting of your peers"

    NOT!

  • 0

    Alfie_in_Tokyo

    GreenTea: local stereotypes aside, that could be true of an foreigner who has the misfortune to end up in a court outside of their home country.

  • 0

    smithinjapan

    This question is phrased very poorly... or at least gives you very limited options. Do I think it will be THE BEST? NO! You get a bunch of crybabies on the jury who want to go home ASAP and you're likely to get as stupid a verdict as many wacko judges hand out already. HOWEVER, it is far better a system (ideally, anyway) than exists at present, where said wacko judge can do whatever the hell he (I would say 'she' too, but I've never seen a female judge here....... could just be that though, simply haven't seen one) wants and hand down ridiculous punishments (or lack thereof) depending on his mood.

    'What... you murdered 3 little children while driving drunk? Well shucks... that oughtta get you 7.5 years. But YOU young man... the one who smoked that cannibus.... 10 years for YOU!'

  • 0

    smithinjapan

    Just want to clarify that I realize the Jury doesn't exaclty dole out punishment... but they DO declare the defendent guilty or not.

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