Monday, April 29, 2013
Jon P. McClanahan (UNC School of Law) has posted Citizen Participation in Japanese Criminal Trials: Reimagining the Right to Trial by Jury in the United States (North Carolina Journal of International Law and Commercial Regulation, Vol. 37, No. 3, 2012) on SSRN. Here is the abstract:
If the United States were to reform contemporary jury trials to match the Founders’ conception of the right to trial by jury, how might they look? In recent years, we have gained insight into how to answer that question from an unlikely source: Japan.
This Article examines the introduction of citizen participation into the Japanese judicial system (the saiban-in seido) from a different perspective. Rather than focusing on the contemporary American jury system, this Article evaluates the Japanese reforms in light of the Founders’ conception of the right to trial by jury.