Le jury populaire au Japon : la conscience du droit en éclosion ou « beaucoup de bruit pour rien » ?

Abstract

This article looks at the ever-complex relationship between law and Japanese society. First, it outlines the path to reform proposed in 2001 by the Judicial System Reform Council. It then examines what has been hailed as the most fundamental reform of all, the introduction in 2009 of the saiban.in system – the Japanese People’s Jury. While this reform represents a marked break within the traditional field of criminal justice in Japan, it remains to be seen if it will produce a change in legal consciousness and if this will then lead to changes in other legal fields beyond criminal law. At first glance, the data covering the first ten years of these lay judge tribunals show encouraging signs. However, a closer examination of the reforms in practice reveals that significant change is difficult to achieve.

Keywords

• trial by jury
• legal consciousness
• judicial reforms
• cautious prosecutors
• protective judges
• saiban.in