Criminal Evidence
teacher:Â Sandy Clark
October 22, 2011
Japans New Criminal Trials
The write down Judge Act establishes the ground rules by which Japans modern criminal trials are to proceed. Two categories of serious iniquity are to be adjudicated in the new trials: offenses punishable by death or imprisonment for an indefinite period or with hard labor, and offenses in which the victim has died because of an intentional crime.
The law does not give defendants the right to waive a lay decide panel (this is a sore point with some opponents of the new system who note that criminal defendants in America roll in the hay waive their right to trial by jury), but it does ease up discretion to the court to determine that a case which qualifies for a lay judge trial may nonetheless be heard by a traditional panel of iii professional adjudicate, as when privacy issues arise in a sex offense case, or the defendant is a gangster who might intimidate lay judges (Hogaku Semina, No.644 (2008) .
Since lay judges are randomly selected from electoral rolls, the sole positive measuring stick for becoming a lay judge is eligibility to vote in Diet elections, for which Japanese citizens must be at to the lowest degree 20 years old. Prospective lay judges for the first time receive a summons in the mail, and then on the first day of duty they fill out a questionnaire and are interviewed by the professional judges and by the pursuance and defense.
The law also contains a limited voir dire surgical operation that enables both the prosecution and defense to excuse up to quartet people without giving reasons.
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