Citizen Judges in Japan: A Report Card for the Initial Three Years

Abstract

In 2009, Japan implemented its first post-war criminal jury system, which is currently awaiting its three year review. Japanese mixed juries (saiban-in) consist of judges and lay citizens who jointly decide guilt and sentencing in serious cases by a majority vote. The Accused may not waive the right to a jury trial; prosecutors may appeal acquittals; and jurors are precluded from ever disclosing deliberations. In previous literature, scholars have criticized the use of mixed courts, prosecutor appeals, and juror confidentiality, and have offered suggestions to basically Americanize the Japanese juries. To the contrary, this Article explains, from a unique vantage point, that the Japanese jury system be expanded to cover additional criminal offenses; that the Accused remain prohibited from waiving the right to a jury trial; that prosecutor appeals should end; and that juror deliberations remain confidential. This Article’s most critical recommendation is that the Japanese promulgate rules requiring that lay citizen jurors deliberate and vote separately from the judges, with all votes combined to determine the majority jury vote.