Prime Time for Japan to Take another Step Forward in Lay Participation: Exploring Expansion to Civil Trials

Abstract

Citizen participation in serious criminal trials is one of many revolutionary legal reforms that Japan implemented to address its prolonged economic slump and better position itself for a more prominent role in global affairs. The socio-economic crisis that ensnared Japan in the 1990s fueled significant reforms in Japan in established institutions, policies, and society. The primary concept underlying these reforms was to transform Japan’s mindset and culture from a society known for its excessive regulatory control to a global model based on transparent, ex post facto review. In part, self-responsibility and greater civic engagement could help achieve these objectives. With Japan marking its 3-year anniversary of the lay judge system, now is an ideal time to assess the progress of the new system, examine its effect on Japanese society, and explore the future possibilities. This paper details the underpinnings of Japan’s new lay judge system and examines its triumphs and current shortcomings. Not only does close scrutiny of the lay judge system benefit Japan, but it can also offer valuable lessons on an international scale to other countries using or considering the use of jury or quasi-jury systems. It also addresses the future and explores a concept largely unaddressed in academic discourse to date by suggesting that Japan seriously consider expanding the use of citizen judges beyond serious criminal trials and into the civil realm. The paper examines the merits of potential expansion and looks at possible drawbacks to lay participation in civil trials. Now that lay participation in serious criminal trials has apparently taken root in Japanese society, it is a prime time to assess and explore the possibility of expanding the use of citizen judges to further and fully achieve the expressed goals of Japan’s ongoing judicial reforms.