Title: The Motivations and Feasibilities of the Re-adoption of Criminal Jury System in Japan
Abstract: Recently, the government of Japan announced that it would resume and modify the Jury Act, establish the jury system, and achieve the judicature accessible to citizens. The purpose of re-adopting the jury system is to avoid and reduce erroneous verdicts by judges, and promote the judicial faith of Japanese people. The selection of types of jury systems is decided by many factors. Japanese cultural characteristics such as the hierarchical nature of Japanese society, the high level of trust for authoritative figures in Japanese society, Japanese group consciousness, and the desire to maintain harmony would be beneficial for a jury system to function effectively. Likewise, Japanese society is, for the most part, well educated, homogeneous, and constituted by the middle class. These factors would facilitate the functioning and the realization of the goals of a jury system in Japan. From a legal perspective, there is no barrier per se preventing Japan from reintroducing the jury system. Therefore, Japan would adopt a jury system, preferably one based on the Anglo-American model.
Publication Year: 2004
Publication Date: 2004-01-01
Language: en
Type: article
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