A lively discussion in Nagoya

I gave a talk today to a group of lawyers at the Aichi Bar Association in Nagoya about the American jury system and possible lessons Japan could learn from our experience. We had about an hour of questions and answers after my presentation, and the range of comments was striking. Some of the lawyers seemed modestly optimistic about the new saiban-in system because, at the very least, it will bring enhanced transparency to judicial proceedings and may help curb the worst excesses of the police. But others were were more skeptical. One lawyer predicted that Japanese citizens serving as saiban-in would impose harsh sentences and that the new system will result in more severe penalties than the present system. He seemed to believe that, on balance, the new system was not good for Japan. Anyway, it was a very stimulating discussion. 

The Aichi lawyers did seem to agree on one point: The key to the success of the new system will be the willingness of the Japanese citizens to question the government's evidence, including confessions. And everyone seemed to agree that defense lawyers must learn a new set of trial advocacy skills to help citizens perform this task.