Abstract
Japanese criminal trials have shifted towards a more adversarial orientation following major law reform implemented over the past 20 years. Lawyers have had to adapt to the new context of professional communication with lay judges, who sit with professional judges in some trials rather than taking the role of citizen juries. For the defence and prosecution, a need to ‘win the battle’ with convincing courtroom performance and communication strategies have posed challenges, while judges still have the power to take an investigative stance to pursue the truth. This article explores how the shift towards an adversarial orientation manifests itself in the courtroom, and discusses the dilemma over the need for courtroom performance focused on spoken language and the trust in written communication that traditionally dominated the criminal justice process.
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