Full Description
With effective solutions in both criminal and civil disputes at a premium, reformers have advanced varied forms of jury systems as a means of fostering positive political, economic, and social change. Many countries have recently integrated lay participation into their justice systems, and this book argues that the convergence of current forces makes this an ideal time for Japan to expand lay participation into its civil realm.This book offers a detailed examination of the historical underpinnings of citizen participation in Japan's justice system, and analysis of new reforms related to Japan's adoption of its saibanin seido or quasi-jury 'lay judge system' for serious criminal trials in 2009. Its vivid and groundbreaking research includes an exploration of civil jury trials held in Okinawa after World War II, discussion of citizen participation and its potential impact on environmental civil lawsuits after the Fukushima nuclear disaster, and lessons about jury trials based on the experience of the United States and the recent proliferation of citizen involvement in the justice system around the world.
This cutting-edge book project will fascinate legal scholars and students as well as practitioners, political activists, organizations, and policymakers who are interested in citizen participation in Japan and other countries around the world, as it addresses societal harms perpetrated by the government or other entities, judicial reforms, democratic movements, and global justice.
Contents
Contents: 1. Welcoming Citizen Participation into Japan's Justice System 2. The Great Debate: Introducing a Lay Judge System 3. Advancement of the Lay Judge System and Ongoing Challenges 4. Reforms Related to the Lay Judge System 5. Overcoming Challenges Facing the System 6. Expanding Lay Participation into the Civil Realm 7. Citizen Participation in Civil Trials can be Beneficial as Demonstrated by the Experiences of Other Countries 8. Global Proliferation of Lay Participation In Justice Systems 9. Civil Jury Trials in Okinawa - Local Illustration 10. Civil Lay Participation and State-Corporate Liability 11. Final Thoughts and Necessary Preparations Index