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Popular Participation in Japanese Criminal Justice - From Jurors to Lay Judges (Hardcover, 1st ed. 2016)
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Popular Participation in Japanese Criminal Justice - From Jurors to Lay Judges (Hardcover, 1st ed. 2016)
Series: Palgrave Advances in Criminology and Criminal Justice in Asia
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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.
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