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	<title>Comments on: Japan to Enact Lay Judge System</title>
	<link>http://www.transpacificradio.com/2008/06/22/japan-to-enact-lay-judge-system/</link>
	<description>Independent Podcasting from Tokyo. Featuring Seijigiri, a discussion of Japanese news and politics, as well as TPR News, our twice a week look at Japan's top stories.</description>
	<pubDate>Thu, 20 Nov 2008 08:16:39 +0000</pubDate>
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		<title>by: Christopher Pellegrini</title>
		<link>http://www.transpacificradio.com/2008/06/22/japan-to-enact-lay-judge-system/#comment-1065770</link>
		<pubDate>Tue, 24 Jun 2008 15:17:42 +0000</pubDate>
		<guid>http://www.transpacificradio.com/2008/06/22/japan-to-enact-lay-judge-system/#comment-1065770</guid>
					<description>Joe,
You're right. This is going to be messy.

At the same time, judges (and prosecutors) long ago cornered the fact market, so not much changes there. However, they will have to trod a little more lightly because now other people will be watching. 

Through increased transparency, the system will eventually tilt back towards 'innocent until proven guilty'. But it will take years.

While I agree with much of what you said, the sunny-side is that this will eventually have a trickle-down effect that induces the government to either revamp the NPA, or create a separate agency that investigates, and indicts, police officers who abuse their authority.

Such an outcome would arguably make all the short-term headaches worthwhile.</description>
		<content:encoded><![CDATA[<p>Joe,<br />
You&#8217;re right. This is going to be messy.</p>
<p>At the same time, judges (and prosecutors) long ago cornered the fact market, so not much changes there. However, they will have to trod a little more lightly because now other people will be watching. </p>
<p>Through increased transparency, the system will eventually tilt back towards &#8216;innocent until proven guilty&#8217;. But it will take years.</p>
<p>While I agree with much of what you said, the sunny-side is that this will eventually have a trickle-down effect that induces the government to either revamp the NPA, or create a separate agency that investigates, and indicts, police officers who abuse their authority.</p>
<p>Such an outcome would arguably make all the short-term headaches worthwhile.
</p>
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		<title>by: Joe Jones</title>
		<link>http://www.transpacificradio.com/2008/06/22/japan-to-enact-lay-judge-system/#comment-1061280</link>
		<pubDate>Mon, 23 Jun 2008 03:42:23 +0000</pubDate>
		<guid>http://www.transpacificradio.com/2008/06/22/japan-to-enact-lay-judge-system/#comment-1061280</guid>
					<description>This whole lay-judge system makes less and less sense as time goes on. I don't think that even the planners know the point any more.

The common law systems keep it really simple: Lay people (jurors) decide the facts using their natural bullshit detectors, and judges decide the law using their experience and training.

Instead, what we're going to have in Japan is a muddled mishmash where judges are influencing determinations of fact and lay people are influencing determinations of law: basically the worst of both worlds.

Is it more democratic? Yeah, OK, but justice is supposed to be fair and rational, not necessarily democratic.</description>
		<content:encoded><![CDATA[<p>This whole lay-judge system makes less and less sense as time goes on. I don&#8217;t think that even the planners know the point any more.</p>
<p>The common law systems keep it really simple: Lay people (jurors) decide the facts using their natural bullshit detectors, and judges decide the law using their experience and training.</p>
<p>Instead, what we&#8217;re going to have in Japan is a muddled mishmash where judges are influencing determinations of fact and lay people are influencing determinations of law: basically the worst of both worlds.</p>
<p>Is it more democratic? Yeah, OK, but justice is supposed to be fair and rational, not necessarily democratic.
</p>
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