Japan preps its citizens for a new role: jurors

A jury system will start in 2009. Currently, cases are heard only by a judge.

from the September 11, 2007 edition

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Nine not-so-angry children

Back in the Chiba courtroom, the kids took part in a role-playing game to simulate a trial for a bank robbery.

Among the cast of characters were six saibanin and three judges – each of whose vote will carry equal weight under the planned system. Unlike the American justice system, decisions will be determined by a majority vote, and Japanese jurors will be allowed to question and cross-examine witnesses, as well as participate in sentencing procedures.

For the first few years, only the most serious crimes will face jury trials. After three years, the saibanin system will face a review.

Reflecting on the simulation after the exercise, many parents and children seemed to sympathize with soft-spoken Machino's aversion to the newly liberalized courts.

"[Being a saibanin] was difficult, and I don't want to be one [when I grow up]," says 11-year-old Taiki Sato, who played one of six saibanin.

Yoko Takeya, who watched her daughter play the role of a saibanin, says she felt the event was educational and helped her to understand the role of a jury in Japan's evolving legal system. But, she says, "to be really honest, I thought it might be a difficult job to do."

But some of the participants and parents sound eager to be more engaged in their country's legal system.

"The chair was comfortable and I'd be OK with doing the job when I get older," says 9-year-old Tomoka Takahashi.

Tomoka's mom, Miyabi Takahashi, was also upbeat.

"I wouldn't want to make a decision just based on my own opinion," she says. "But if we're making a decision based on listening to everyone's opinions, I think we can find a solution."

The Supreme Court's Hiraki says judges will be legally responsible for cultivating an atmosphere that is straightforward and accessible for citizen juries, who are unlikely to have formal legal training.

"We have been doing all these mock trials and have been sending our judges to countries that operate a jury system and researching how to make it easy for juries to speak up," Hiraki says. "We have gotten some positive feedback for having a good atmosphere at our mock trials."

Despite their best efforts, Japanese experts are aware that many Japanese citizens may feel a certain reluctance to speak in front of groups or intimidating authority figures like judges. Chiba District Court's Judge Yuki Sato said training adults to decide on a legal stance and defend it would be even more difficult than training children.

"If adults understand it's alright for them to change their opinion as the conversation progresses, I don't think they'll be so embarrassed to express their opinions," said Judge Sato. "We're going to try very hard to not be imposing and not push our opinions on jurors."

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