Nobody downloaded yet

The Japanese Quasi-Jury and the American Jury - Term Paper Example

Comments (0) Cite this document
Summary
The progression of the Japan and American jury systems has progressed differently owing to the differences in the structure and history of the two countries. Here considers differences of The Japanese Quasi-Jury Vs the American Jury…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER93.8% of users find it useful
The Japanese Quasi-Jury and the American Jury
Read TextPreview

Extract of sample
"The Japanese Quasi-Jury and the American Jury"

Download file to see previous pages A body was created to collect views and give recommendations on the approaches to reform the country’s judiciary. The body proposed the establishment of the quasi-jury to try the high-crime cases. The quasi-jury structure was formulated through the ‘Lay Assessor Act’ the system was a concession between the political elements and the conservative individuals. The Supreme Court was opposed to the move to create a jury that was similar to the American jury. Under the law, the judges are required to use the law in the determination of the innocence or guilt of an individual as well as give a ruling on the sentence. Moreover, the judges make a determination on matters regarding the interpretation of the laws and decisions beyond the authority of the lay assessors. A presiding judge administers the trial procedures but the statutes of evidence in Japan’s judicial process are indistinct and simple compared to the procedures in the US. The presiding judge has the authority to limit the number of questions on a witness as well as the determination of the unsuitable evidence given by a witness before a ‘Saiban-in panel’. Moreover, the opposing advocate may reject the improper assessment of the evidence. The discussions between the judges and lay assessors demand that majority as opposed to a unanimous decision. Nonetheless, the composition of the majority must have a professional judge especially when ruling on the guilt of an accused person. The information arising from is regarded as confidential while those leaking the information being subjected to a fine. The composition of the bench and lay assessors is dependent on the situation and the magnitude of the...
The legal system in Japan has been largely a civil law since the approval of the Japanese Civil Code in the late 1890s. The system was borrowed from the western nations such as France and Germany. The model persevered even after the Second World War and the adoption of the contemporary constitution in Japan. The separation of power among the various arms of the government is similar to the American model. The judiciary has autonomy like the other arms. In the US, there are divergent procedures in the cases depending on the state although they are largely guided by the constitution. The quasi-jury exercised in Japan has both positive and negative effects depending on the administration. Whereas citizen participation in the judicial process is significant, the established procedures and restrictions are important to assist in getting timely and fair justice.
The judicial system in any nation should be informed by the culture of its people and the nature of the governance structures in order to ensure the obligations are met in a desirable approach. It would be more desirable if the principles and frameworks of the jury are reformed in line with the demands of the country and the global environment. Judicial systems are viewed as essential in human-social existence in the society. The Saiban-in system has resulted in minimal effect regarding the prosecution of cases. The system has given the public a dynamic responsibility in the judicial processes, which is likely to improve when the citizens become familiar with the system and the lay judicial involvement. ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“The Japanese Quasi-Jury and the American Jury Term Paper”, n.d.)
The Japanese Quasi-Jury and the American Jury Term Paper. Retrieved from https://studentshare.org/law/1492862-the-japanese-quasi-jury-and-the-american-jury
(The Japanese Quasi-Jury and the American Jury Term Paper)
The Japanese Quasi-Jury and the American Jury Term Paper. https://studentshare.org/law/1492862-the-japanese-quasi-jury-and-the-american-jury.
“The Japanese Quasi-Jury and the American Jury Term Paper”, n.d. https://studentshare.org/law/1492862-the-japanese-quasi-jury-and-the-american-jury.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document
CHECK THESE SAMPLES - THEY ALSO FIT YOUR TOPIC
Jury Deliberations
...? JURY DELIBERATIONS [School] Number] June 10, JURY DELIBERATIONS The first is a proposal to eliminate the requirement for a unanimous verdict of 12 jurors to make the majority of 9 of the 12 jurors sufficient to stand a verdict of guilty or not guilty in criminal cases, is constitutional and does not violate the Sixth and Fourteenth Amendments. In the case of Apodaca Vs. Oregon, the Supreme Court held that right of the accused to a jury trial does not necessarily require that 12 out of 12 unanimous votes in order to render the accused as guilty for the offense charged against him. The primordial consideration of a trial by jury is to prevent the government from...
1 Pages(250 words)Assignment
Jury
...? Jury Introduction The configuration of jurors in the American judicial system, with the inclusion of racial minorities, alongside other majority races, has attracted considerable attention among intellectuals. Correspondingly, arguments have been drawn both in favor and against the statement that the jury should be constructed with the members, excluding the jurors belonging to the race of the convict or the defendant. Where on one hand, this might protect the interests of the people in terms of unbiased judgment; on the contrary, it may also hinder racial diversity in the judicial system of the nation and hence, be termed as a practice of racial discrimination. Therefore, whether...
3 Pages(750 words)Research Paper
Jury Nullification
...). Curtailing of jury nullification power will yield to unfair and imbalanced justice because the state through its respective authorities will only be recycling outdated precepts (Cipriano, 2012). The latter will emanate from absence of law scrutiny and necessary questioning of its applicability with the current relevance. Since, law like any other organization’s strategy ought to evolve such that it will feature the aspects of current generations but not to the contrary. This is evident with some American states legalizing gay marriages that were unheard of 30 years ago. Based on McDaniel, (2009) sentiments, juries in entire judicial system comprise the most essential body charged with...
9 Pages(2250 words)Case Study
Jury Decision-making
...the authenticity of DNA evidence had been proved, many judgements have been overturned and one such famous case is The Case of the Winchester Three, (1990) where three Irish people were sentenced for 25 years of imprisonment for the murder of Secretary of State for Northern Ireland, Tom King. Eye witnesses had spotted them in the crime scene and they had money, a second hand car, a radio, a woolly hat, a list of prominent British people and also had false name driving licences. Jury relied on eye witness evidence and any reasonable jury could do so and in this case it eventually proved to be a miscarriage of justice. Even though it was not Actus reus, it was easy to convince the jury. ...
4 Pages(1000 words)Case Study
Jury Deliberation
...Discussion on the Reform of the Prohibition of Research into Jury Deliberations. Introduction: For several years now, there had been many court cases of which the jury trial was questioned, in the United Kingdom, United States, and elsewhere. Shadows of doubt, shady and apparent, were presented against these deliberations, decisions, and votes, but it is still used and trusted by the public in determining guilt of persons charged with criminal offence. Court cases have also been filed with regards to jury deliberations questioning it whether acts or acts of omission were constitutional, adhering to human rights law, right of information, Criminal Procedure and Investigations Act 1996,...
8 Pages(2000 words)Essay
Jury Selection
...1. Frederick, Jeffrey (1987). "The Psychology of the American Jury". The Michie Company, USA. The Psychology of the American Jury discusses the tough issues you face in jury trials and offers practical solutions. Among the issues discussed are the use of surveys in jury selection, in-court approaches to jury selection, nonverbal behavior of jurors, voir dire procedures, persuasion in the courtroom, focus groups, trial simulations, and shadow juries. It will prove to be useful especially for my first aim which determining how social psychology applied in the jury selection process by...
4 Pages(1000 words)Essay
Runaway Jury
...I chose the movie Runaway Jury to demonstrate how public perception of the legal profession could be affected by movies. This movie was based on a book by John Grisham and the plot revolves around the jury trial of a major gun manufacturer. A lawsuit has been brought against the firm by the widow of a man killed by a gunshot in his place of work. Gene Hackman portrays the defense attorney, and Dustin Hoffman idealistically represents the widow in her claim. John Cusack plays one of the jurors, with an agenda of his own. Hackman's character is an attorney in this film, more specifically a "jury consultant". These individuals conduct a selection of jury-centered research programs designed to gather opinions, value-beliefs... , and...
8 Pages(2000 words)Movie Review
Jury Bias
...Jury Bias Task: Jury Bias In order for a case to receive fairness and justice, it is fundamental for a jury to be formed by the legal process. Therefore, this essay is going to discuss a step by step criminal jury trial in order to understand the law treats its cases (Burnett, 2003). There are various steps in a criminal jury trial. First, it begins with the selection of a jury. In this case, the defense determines the whether the case fits either a jury or judge. However, under some jurisdictions, both the defense and the prosecution may demand the right for a jury trial. On that aspect,...
2 Pages(500 words)Essay
Jury Nullification
... Nullification serves to preserve the societal values, which are otherwise perceived inappropriate, in the eyes of the law. Works Cited Keneally, James. “Jury Nullification, race, and the wire.” New York Law School Law Review, 55 (2010): 941-959. Print. Shari Collins. “Analysis of Paul Butlers race-based jury nullification and his call to black jurors and the African American community.” Journal of Black Studies, 2009. 1-21. Print.... Jury Nullification The concept of jury nullification has proved to be a controversial one, based on its double standards. While it appears to match logic, by providing an avenue through which the jurors can apply their conscience to determine a case, oblivious of what the law...
8 Pages(2000 words)Essay
Runaway Jury
...Runaway JuryJury Selection Process The movie d Runaway Jury is based on a court room trial in which a widow had filed a law suit against gun marketing and selling company for selling the gun that was used to kill her husband (Runaway Jury. 1). The movie depicts the procedure through which a jury for a trial by jury is selected. The movie provides in-depth details regarding the actual procedures but is not exactly based on how the jury is selected. In the movie, the gun manufacturer hires Fitch who has been assigned with the duty of ensuring that the jury that is selected does not rule in the favor of...
1 Pages(250 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Let us find you another Term Paper on topic The Japanese Quasi-Jury and the American Jury for FREE!
Contact Us