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Citizen's psychological knowledge,legal knowledge,and attitudes toward participation in the new Japanese legal system,saiban-in seido
Authors:Makiko Naka  Yoshinori Okada  Masahiro Fujita  Yuko Yamasaki
Affiliation:1. Graduate School of Letters , Hokkaido University , Sapporo, Japan mnaka@let.hokudai.ac.jp;3. Department of Law , Nanzan University , Osaka, Japan;4. Faculty of Sociology , Kansai University , Osaka, Japan;5. Global Innovation Research Organization , Ritsumeikan University , Kyoto, Japan
Abstract:A new procedure, saiban-in seido, was introduced in the Japanese criminal court in 2009.1 1. This article was written before the Saiban-in seido started. A mixed tribunal of three professional judges and six lay people selected from a list of voters deliberate the verdict in serious criminal cases such as murder, rape, and arson. This study researched lay people's attitudes toward the new system, their psychological knowledge (e.g. the reliability of eyewitness testimony) and legal knowledge (e.g. ‘presumed innocent’), and the relationship between attitude and knowledge. Study 1 examined the responses of 294 citizens to a questionnaire; 90 responses were examined in Study 2 (both samples consisted of two age groups, i.e. (1) 20s and (2) 40s and 50s, and two education levels, i.e. (1) college or below and (2) university or more. In both studies, respondents showed concerns about their lack of ability and knowledge to become a lay judge. Although legal knowledge was related to attitude – i.e. the more legal knowledge, the less negativity – no relationship was found between psychological knowledge and attitude. Relevant support for citizens to become lay judges was discussed.
Keywords:lay participation in criminal justice  mixed tribunal  saiban-in seido  attitude  psychological knowledge  legal knowledge
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