Japan's new Jury System, not liked by the people!

Paschen, the only part of this change that I would question is

"Critics also worry about a provision that obliges lay judges to a lifetime of secrecy on their closed-door deliberations, enforced by a penalty of up to six months in prison or a Y500,000 fine for violators." (NASDAQ.COM)

secrecy for life on an issue that might be eating at a persons emotions for life...  Thus, no recores to resolve the issue for said person.  I can see secrecy of deliberations for a set period, say 10 years mabey but life?  What if there was a mistake?  (more thought requred)

Personally I favour the Jury system and do not like the secrecy either, however I write what the genearale feeling is on the street and in the news. 

People do not like this system from what I read and hear.

I knew you would bring that up L-S and I felt that I have to put it in here since I heard it now a couple of time from several people and different sources some of them respected leaders in the society. 

I did write to two news papers and the Government it self for clarification on this   urban legend , wish ever it may be. Why the Post is marked Opinion.

I will once I know for certain my self write about it though. 

On the crime rate part, Japan still has still one of the lowest crime rate though, even if only 28% of cases are being solved that has no impact on the crime rate at all. 

Further some countries solved crime rate is even lover and I do speak of the Industrialized nations only since would we include Columbia in here and Afghanistan the rate there is less then one percent.

Thank you for input. 

Although I agree with you that the crime rate in Japan "appears" to be low and in part is verified by my daily life experience, I'm not sure it so clean cut.

How do we measure the crime rate? By the number of reported cases? Or by the number of cases ending with a conviction in court?

Out of all the reported cases the Public Prosecutor will only bring a case to court if it is sure it can win which results in less than 50% of reported crime ending up in court. These figures are available from the NPA.

I think people may dislike the "lay judge system" not so much on principle but they can agree with it provided they don't have to do it. I think this is on par with the jury system. Everyone agrees with it, but many don't want to serve on one.

It is the civic duty of the people to take part in the court system but then I don't have to worry because I'll never be called to be a lay judge.

What about the case of someone like a Buddhist who opposes the death penalty, will they be excused from being a lay judge in capital punishment cases?

From what I read so far on crime rate calculations, it does really depend on the statistic and the factors taken into account.

I did base my point here on cases reported, not solved nor convicted. Since those in my view would falsify the reality.

The Jury system is common in the Anglophone World and one that has its merits, yet it is not fool proof either. I am in favour of the Jury system with some improvement to it.

I do however think that some people do make a valid point, that the Jury system does not fit the Japanese culture nor its tradition as is. It may need to be adapted to the culture in order for it to work adequately.

As far as Buddhist monk or believer having to serve on such a panel, I am not sure and have to dig this up.

However I suppose they will be such a think as a Conscientious objector close put in place. The problem with that though, would be that we may end up with a Jury that is on sided and this would not be in the interest of Justice. 

Paschen if you are using the total crimes reported as the crime rate then according to your link to NationMaster, Japan is the 6th highest country for crime.

That does really surprise me and I would have thought it to be much lower. So can we still think Japan has a low crime rate?

I feel more safe living in Japan than any other were I have lived (17 countries) and recently I was wondering if I would be able to deal with a visit to New York to see my brother, or even London to visit my grandchildren?

May be I will need to psych myself up?

If I'm understanding correctly from your post you are saying America wants to change Article 9 of the Constitution?

For those who don't know, Article 9 stops Japan from having a military. They are allowed to have a Self defense Force which they currently have.

One of the reasons I like living in Japan is because of Article 9.

But does not Article 9 actually benefit America, and if so, why would they want to change it?

While the country s banned from having a military, it gives a very strong reason for America to maintain high levels of troops here.

If the country was allowed to have a military, in the end, there would be no need to have American troops here.

In reality, over the last 50+ years the Japanese have become very passive and incapable of fighting.

No American soldier would be happy to fight alongside a Japanese one, not because of some racist thing, but because they are so passive and lack any fighting experience.

The reason America wanted the British in Bosnia was because of their experience in Northern Island. And again in Iraq and Afghanistan. They are very happy to fight with the British knowing they have the experience.

But I think the Japanese are no longer capable of fighting and would have no stomach for it, say if something was to happen with North Korea. In a war situation Japan would not be able to defend themselves.

Well, I'm a pacifist so I have no problem with that, but I do think it benefits America to keep Article 9 of the Constitution.

I think the people who want to change it are the extreme right-wing thugs!

Paschen I think there would be a big resistance from the people about Nuke weapons? But every U.S. ship/sub stationed in Japan is armed with Nukes but on a "don't ask, don't tell" basis.

Kobe Port is a Nuke free port so no American ships are allowed here, unless it was an emergency in which case all ships are welcome!

Paschen thank you, I will read your links. We had quite a day of it but I enjoyed it but I'm finished on this post. We kept it on the front page, hahaha!

take care in the hot weather, plenty of liquids!

some crime is allowed to happen, like by the Yakuza or goes unreported like corporate crime because of the shame or loss of face.

Amnesty just issued another damning report against some aspects of the justice system.

http://www.japantoday.com/category/crime/view/amnesty-slams-japans-prisons-death-penalty

I agree with you about that, some Japanese are likely to call the cops about just about anything including stuff which isn't a crime.

The last time I did some research on the subject, the number of reported crimes was about 2.8 million but only about 1 million actually ended up in court. This is also partly true because the Public Prosecutor only likes to make a court case if they are sure they can win.

Less serious crime is resolved outside of the courts, between the Public Prosecutor, and the parties involved. That makes sense.

There is less serious crime like murder, compared with other countries and over the past couple of years the serious crime rate is down.

Contrary to what is often published by the media, foreigners in Japan commit less crime than nationals.

BMC and ACP had a post out each earlier this week about the US wanting Japan to arm Nuclear weapons and I believe it was Gates that said some thing to that regard as well. I did actually comment on those post and will look them up for you latter. 

However you can just check out BMCWrite his posting and you find it. Take a look at the video there as well, rather worrisome.

I like Article 9 and would defend it with every thing I can.

Yes, I agree the People would not like any changes to article 9, nor would I like to see that my self.

The US nukes are a nuisance and I really do not like ABC weapons at all. Well, lucky are those that do not live near any Super powers nor have to worry about receiving pressure from any. 

Peace is a good thing and should be promoted a lot more.

Here are a few links, take a look at the video interview in the last link.

http://www.nytimes.com/1991/09/19/business/japan-satellite-subsidy-plan-dropped-after-us-pressure.html

http://www.nytimes.com/1985/08/11/world/us-nuclear-arms-were-kept-in-japan-in-50-s-article-says.html?scp=6&sq=US%20want%20Japan%20to%20arm%20nuclear%20weapons&st=cse

http://ipsnews.net/news.asp?idnews=46940

http://my.nowpublic.com/world/should-japan-replace-secret-weapon-nukes

http://my.nowpublic.com/world/krauthammer-we-need-nuclear-japan

:) hum, Yes, thanks. Be well. 

Nothing surprises me anymore. But it is justice to have a jury service.

I go by the statistics and reports as well as by what I am told by people in charge.

The crime rate in Japan is the lowest though and abuses do happen in every nation no matter the system.

The people in general though seem to favour the Japanese system over the new Jury system.

And the press in Japan is not to keen on this change either.

Thank you for your Opinion here.

I said in the Industrialized World. Saudi Arabia and Yemen have the lowest Crime rates Internationally and of all countries combined.

The US have the Highest Crime rate of the Industrialized world and I think it was Columbia that had the highest crime rate of all countries combined. Not sure though and I would have to look Columbia up again to make certain. 

As you know your self we do have a pretty low crime rate here. I can go to Tokyo and leave my Bike unlocked or forget my bag some where and come back hours latter and will fiend my bike as well as my bag. 

Same in the train or on the streets at night, nothing will happen to my wife going out by her self even in dark alley in the middle of Tokyo or Narita or Soka. 

There are crimes of course, however rather low compared to other countries and to my surprise as i checked out the states France does have a relatively low crime rate as well.

I am aware L-S, however you since we are dealing with stats you have to look at what crimes are reported, they include every thing even plastic burning and Smoking in restricted areas. 

If you look at only violent crimes such as murder it is rather low. 

I did provide a couple of links. The 6th place is on total crimes reported and that could simply mean that Japanese report a lot more or that they report even negligible crimes that in other countries would go unnoticed. 

The other thing is, you have to put the numbers given back into percentage over the total population and then Japan drops and Germany goes up and Monzerat that is a the bottom of the list goes way up.

Because the number are only on crimes reported not on crimes reported per capita.

Well, I am quiet happy to live here, it is much better for my nerves and I personally avoid New-York or Toronto or even Frankfurt. 

Yet I do not mind going to Tokyo or living here in Narita. Better for the soul. 

Yes, I agree with you L-S. The perception that foreigners commit more crimes over all does exist though even if unfunded and in spite of the fact that the opposite is rather easy to prove.

I am not sure why this perception does prevail still today. 

That would be an Anglophone perspective Jazzy. Many countries do not have a Jury system and yet do have justice as well. 

In the US for instance many cases did not receive justice because of the Jury system. There are several angles to look at it and many different way to have a well functioning Justice system that does deliver justice in most cases at least.

Jury duty is some thing that does not fit the Asian culture in general and may actually cause more injustice then justice. 

You grow up with in a culture and a system that you learned to accept and yet so did most people as well only in a different system and culture. However, for them as for you that system is what they know and like because that is what they are used to and what grow with the culture. 

A jury system is a super imposed system for the Japanese culture and not some thing they chose nor want. Why the anger and frustration. 

There are no real wrong systems nor are there any right once either. It all depends on a great many factors.