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.