Japan’s Lay Judge System

Abstract

In 1999, major changes to Japan’s criminal justice system were proposed, and over the next 10 years, many were implemented. One of the changes created the lay judge system ( saiban-in seido), wherein citizens serve as fact finders during trials of serious criminal cases. The purpose of the lay judge is to enhance public trust in the judiciary while improving the quality of justice through the common sense of the average person. This article reviews how this major change to Japan’s court system was implemented, describes the process by which lay judges are selected and the requirements of their service, and then discusses some of the reviews and evaluations that have been completed of the system itself. The conclusion suggests that an understanding of Japan’s model could be instructive for other jurisdictions considering justice reform.