ID :
183399
Fri, 05/20/2011 - 18:56
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https://oananews.org//node/183399
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5 given death sentences, 5 acquitted in lay judge trials
TOKYO, May 20 Kyodo -
Five people were given death sentences and five trials resulted in acquittals over a two-year period since the introduction of the lay judge criminal trial system in Japan, according to court records.
Under the system in which randomly selected citizens serve as judges alongside professional judges, there was a tendency for heavier sentences to be imposed on defendants found guilty of sex crimes than in conventional criminal trials.
More suspended sentences with probation were also issued, compared with trials in which only professional judges participate, according to the records compiled by the Supreme Court.
In the period between May 21, 2009, and the end of March this year, 3,377 people were tried under the lay judge system and sentences were issued to 2,060 of them. Of the rulings, 2,055, or 99.8 percent, were found guilty, including two people found not guilty on some counts.
In addition to the five given the death penalty, 43 people were sentenced to life in prison.
The death sentences were issued to defendants at the district courts of Yokohama, Sendai, Miyazaki, Tokyo and Nagano between November 2010 and last March.
The cases tried in Miyazaki and Nagano each involved the killing of three people, the cases in Yokohama and Sendai each involved the killing of two people, and the case in Tokyo involved the killing of one person. The defendant in the Tokyo case had earlier served time for murder.
In all five cases, the defendants have appealed their sentences to higher courts.
Prosecutors also sought death sentences in two other cases, both involving the killing of two people. In one of the cases, the Tokyo District Court handed down life imprisonment, while the other case at the Kagoshima District Court resulted in acquittal.
Prosecutors in the Kagoshima court case have appealed to a higher court.
The other four cases in which defendants were acquitted involved either the smuggling of illicit drugs or murder.
Suspended sentences were given to a total of 326 people, or 15.9 percent of those found guilty, while 186 of them, or 57.1 percent, received suspended sentences with probation.
That compares with 13.5 percent for suspended sentences in similar cases in 2008, when only professional judges oversaw criminal trials, and 31.8 percent for suspended terms with probation.
Tougher sentences for sex crimes have been issued under the lay judge system, with prison terms longer than five years and up to seven years accounting for the largest share of punishments in rape cases at 33.0 percent. In trials involving only professional judges in 2008, prison terms longer than three years and up to five years commanded the largest share of 35.6 percent.
Tougher sentences have also been imposed for inflicting injury resulting in death.
Among the 2,055 defendants found guilty, 513 cases involved robbery resulting in injury, 469 involved murder and attempted murder, and 182 acts of arson while people were present in a building.
As of the end of March, 11,889 people have served as lay judges in 1,949 cases, the top court records show.
The lay judge trial system was introduced to reflect people's ''common sense'' in trials.
Under the system, six randomly selected eligible voters and three professional judges jointly examine a case involving a serious crime, determining guilt and the severity of any sentence.
Five people were given death sentences and five trials resulted in acquittals over a two-year period since the introduction of the lay judge criminal trial system in Japan, according to court records.
Under the system in which randomly selected citizens serve as judges alongside professional judges, there was a tendency for heavier sentences to be imposed on defendants found guilty of sex crimes than in conventional criminal trials.
More suspended sentences with probation were also issued, compared with trials in which only professional judges participate, according to the records compiled by the Supreme Court.
In the period between May 21, 2009, and the end of March this year, 3,377 people were tried under the lay judge system and sentences were issued to 2,060 of them. Of the rulings, 2,055, or 99.8 percent, were found guilty, including two people found not guilty on some counts.
In addition to the five given the death penalty, 43 people were sentenced to life in prison.
The death sentences were issued to defendants at the district courts of Yokohama, Sendai, Miyazaki, Tokyo and Nagano between November 2010 and last March.
The cases tried in Miyazaki and Nagano each involved the killing of three people, the cases in Yokohama and Sendai each involved the killing of two people, and the case in Tokyo involved the killing of one person. The defendant in the Tokyo case had earlier served time for murder.
In all five cases, the defendants have appealed their sentences to higher courts.
Prosecutors also sought death sentences in two other cases, both involving the killing of two people. In one of the cases, the Tokyo District Court handed down life imprisonment, while the other case at the Kagoshima District Court resulted in acquittal.
Prosecutors in the Kagoshima court case have appealed to a higher court.
The other four cases in which defendants were acquitted involved either the smuggling of illicit drugs or murder.
Suspended sentences were given to a total of 326 people, or 15.9 percent of those found guilty, while 186 of them, or 57.1 percent, received suspended sentences with probation.
That compares with 13.5 percent for suspended sentences in similar cases in 2008, when only professional judges oversaw criminal trials, and 31.8 percent for suspended terms with probation.
Tougher sentences for sex crimes have been issued under the lay judge system, with prison terms longer than five years and up to seven years accounting for the largest share of punishments in rape cases at 33.0 percent. In trials involving only professional judges in 2008, prison terms longer than three years and up to five years commanded the largest share of 35.6 percent.
Tougher sentences have also been imposed for inflicting injury resulting in death.
Among the 2,055 defendants found guilty, 513 cases involved robbery resulting in injury, 469 involved murder and attempted murder, and 182 acts of arson while people were present in a building.
As of the end of March, 11,889 people have served as lay judges in 1,949 cases, the top court records show.
The lay judge trial system was introduced to reflect people's ''common sense'' in trials.
Under the system, six randomly selected eligible voters and three professional judges jointly examine a case involving a serious crime, determining guilt and the severity of any sentence.
