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Article
Jury Trials in Japan
Loyola of Los Angeles International and Comparative Law Review
  • Robert M. Bloom, Boston College Law School
Document Type
Article
Publication Date
3-16-2005
Disciplines
Abstract
The Japanese seeking to involve their citizens in the judicial system as well establishing a check on the power of the judiciary have enacted legislation to create jury trials. The type of jury trial enacted by this legislation, which takes effect in 2009, is a mixed-jury system where judges and citizens participate together in the jury deliberation. This article first explores the differences between mixed-juries and the American jury system. It then suggests why the Japanese opted for a mixed-jury system. From that point the article explores psychological theory surrounding collective judgment and how dominant individuals influence the group dynamics. With these theories in mind the article explores Japanese cultural attitudes and suggests that the objective of meaningful citizen participation might be impeded in the jury deliberation process. Finally the article proposes specific procedural devices to ensure meaningful citizen participation.
Citation Information
Robert M. Bloom. "Jury Trials in Japan" Loyola of Los Angeles International and Comparative Law Review Vol. 28 Iss. 1 (2005) p. 35 - 68
Available at: http://works.bepress.com/robert_bloom/6/