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Lay judges in Japan
A system for trial by jury was first introduced in 1923 under Prime Minister Katō Tomosaburō's administration. Although the system generated relatively high acquittal rates,〔Johnson, David T., Early Returns from Japan's New Criminal Trials, The Asia-Pacific Journal: Japan Focus, online 9-07-2009〕 it was rarely used, in part because it required defendants to give up their rights to appeal the factual determinations made.〔Anna Dobrovolskaia (trans.), The Jury System in Pre-War Japan:
An Annotated Translation of “The Jury Guidebook”
(Baishin Tebiki), Asia-Pacific Law & Policy Journal, vol. 9, no. 2, http://www.hawaii.edu/aplpj/articles/APLPJ_09.2_dobrovolskaia.pdf, p. 238 n.7.〕 The system lapsed by the end of World War II.〔Haley, JO, The Spirit of Japanese Law, Univ. of Georgia Press, 1998, p. 52.〕 In 2009, as a part of a larger judicial reform project, laws came into force to introduce citizen participation in certain criminal trials by introducing lay judges. Lay judges comprise the majority of the judicial panel. They do not form a jury separate from the judges, like in a common law system, but participate in the trial as inquisitorial judges in accordance with the civil law legal tradition, who actively analyse and investigate evidences presented from the defense and prosecution.
== Saiban-in (lay judges) in Japan==
On May 28, 2004, the National Diet passed a law requiring selected citizens to participate as judges (and not juries) in trials for certain severe crimes. Citizens chosen for such service, called , are randomly selected out of the electoral register and, together with professional judges, conduct a public investigation of the evidence in order to determine guilt and sentencing. In most cases, the judicial panel is composed of six saiban-in and three professional judges. In cases where there is no substantial dispute over guilt, the panel is composed of four saiban-in and one professional judge. Unlike under the older jury system, the defendants are not allowed to waive trial by saiban-in. The saiban-in system was implemented in May 2009.〔Green, Stephen, "(Ichihashi trial key test of legal reforms: Extensive media coverage could sway lay judges )", ''Military Times'', December 8, 2009, p. 12.〕
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