Over 1 month past since the citizen judge candidates were informed at the beginning of December, 2008.
Argument among lawyers are still activated after the law was executed. Their reasons are "Attending court has no meaning by law naive citizens", "The system is waste of tax". "impossible enough trial for a short term", and so on. Why now?
Although the law prohibits to disclose "being selected as candidate", a certain lawyers group demonstrate that some candidates who disclose even their name oppose to be selected as candidates.
http://mainichi.jp/select/jiken/news/20081221k0000m040022000c.html
(japanese article)
Three persons had a press conference to demonstrate opposing the law.
裁判員制度:反対訴え候補者3人が実名会見 東京
Another lawyers group reported that they researched among lawyers and resulted that 68% were opposed in the answer(percentage of replies was 10%).
http://mainichi.jp/select/jiken/news/20081224ddm041040033000c.html
(japanese article)
Commence the citizen judge system. Research revealed 68% disagree in 10% replies.
始まる裁判員制度:弁護士アンケ、回答は1割 68%が反対
Of course there are acclaims.
A citizen group in Kyoto, a representative person said "Participation to law is the right of citizens, it's possible to decide guilty or not guilty"
http://mainichi.jp/select/jiken/news/20081222k0000e040061000c.html
(japanese article)
The citizen judge system is a chance for rule by citizens.
裁判員制度:「市民の司法、実現の好機」京都の活動再評価
The research above said 32% were approved for the law. Those reasons are "Citizens common sense could reflect", "decrease bad effect of paper inquisition".
I have two questions from those voices.
One is that......
Why do those lawyer who are most closing party to LAW disagree with it after the law was executed?
Did the government proceed without hearing from them?
If the process had problem, they could point out it and prove it to discuss again.
There was no announcement regarding this points now.
Another view is that who does agree or who does disagree?
One of keywords is "death penalty" law. A certain research revealed that over 80% of citizens agreed with it.
(japanese only)http://www.tokyo-np.co.jp/article/tokuho/list/CK2008102202000089.html
The lawyers who oppose "death penalty" are afraid of that the citizen judge system could increase decision of "death penalty". However, some said that citizen judge could not choose "death penalty" decision with its heavy result.
(japanese only) http://www.iwanami.co.jp/sekai/2008/06/090msg.html
From agreeing side, there is a reason of "assumed innocence".
One opinion exists that "presumed guilty" decisions might have made in criminal court which resulted 99.9% guilty, but citizen judge may make change this tendency. However, another opinion said citizen judges tend to be a side of victims will make it more presumed guilty.
The followings are quoted and translated from article by Professor Gotoh.
http://www.iwanami.co.jp/sekai/2008/06/090msg.html
"I think japanese citizen should participate to apply death penalty judge, if japanese nation intend to continue it, it should not force the burden on only lawyers. originally, citizens have the burden to continue it".
"The citizen judge system makes japanese nation to direct to death penalty anew. It may make a new vision for it. If we will not go into a new system, the citizen judge system, we could not have any possibility."
Argument among lawyers are still activated after the law was executed. Their reasons are "Attending court has no meaning by law naive citizens", "The system is waste of tax". "impossible enough trial for a short term", and so on. Why now?
Although the law prohibits to disclose "being selected as candidate", a certain lawyers group demonstrate that some candidates who disclose even their name oppose to be selected as candidates.
http://mainichi.jp/select/jiken/news/20081221k0000m040022000c.html
(japanese article)
Three persons had a press conference to demonstrate opposing the law.
裁判員制度:反対訴え候補者3人が実名会見 東京
Another lawyers group reported that they researched among lawyers and resulted that 68% were opposed in the answer(percentage of replies was 10%).
http://mainichi.jp/select/jiken/news/20081224ddm041040033000c.html
(japanese article)
Commence the citizen judge system. Research revealed 68% disagree in 10% replies.
始まる裁判員制度:弁護士アンケ、回答は1割 68%が反対
Of course there are acclaims.
A citizen group in Kyoto, a representative person said "Participation to law is the right of citizens, it's possible to decide guilty or not guilty"
http://mainichi.jp/select/jiken/news/20081222k0000e040061000c.html
(japanese article)
The citizen judge system is a chance for rule by citizens.
裁判員制度:「市民の司法、実現の好機」京都の活動再評価
The research above said 32% were approved for the law. Those reasons are "Citizens common sense could reflect", "decrease bad effect of paper inquisition".
I have two questions from those voices.
One is that......
Why do those lawyer who are most closing party to LAW disagree with it after the law was executed?
Did the government proceed without hearing from them?
If the process had problem, they could point out it and prove it to discuss again.
There was no announcement regarding this points now.
Another view is that who does agree or who does disagree?
One of keywords is "death penalty" law. A certain research revealed that over 80% of citizens agreed with it.
(japanese only)http://www.tokyo-np.co.jp/article/tokuho/list/CK2008102202000089.html
The lawyers who oppose "death penalty" are afraid of that the citizen judge system could increase decision of "death penalty". However, some said that citizen judge could not choose "death penalty" decision with its heavy result.
(japanese only) http://www.iwanami.co.jp/sekai/2008/06/090msg.html
From agreeing side, there is a reason of "assumed innocence".
One opinion exists that "presumed guilty" decisions might have made in criminal court which resulted 99.9% guilty, but citizen judge may make change this tendency. However, another opinion said citizen judges tend to be a side of victims will make it more presumed guilty.
The followings are quoted and translated from article by Professor Gotoh.
http://www.iwanami.co.jp/sekai/2008/06/090msg.html
"I think japanese citizen should participate to apply death penalty judge, if japanese nation intend to continue it, it should not force the burden on only lawyers. originally, citizens have the burden to continue it".
"The citizen judge system makes japanese nation to direct to death penalty anew. It may make a new vision for it. If we will not go into a new system, the citizen judge system, we could not have any possibility."
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