Lay Participation in Japanese Criminal Justice: Prosecution Review Commissions, the Lay-Judge System, and Penal Institution Visiting Committees

Abstract

This article highlights reliance on lay participation as a mechanism for solving perceived problems in Japanese criminal justice by examining three reforms aimed at increasing lay participation in Japanese criminal justice: the mandatory prosecution power given to Prosecution Review Commissions, the saiban’in seido (lay-judge system), and Penal Institution Visiting Committees. The article argues that lay participation plays an important role in legitimizing aspects of the current system. Despite the Nagoya Prison Scandal in 2002–03, Japan’s extraordinary achievements in order inside prisons have been maintained and citizens are comforted that the system has oversight by Visiting Committees. Although PRCs and saiban’in seido represent a more open approach to eligibility and selection than Visiting Committees, they too help to legitimize existing structures. The article concludes by considering challenges to the continued reliance on lay participation in Japan including reform fatigue, the demographic crisis, the impact of geography, and technological developments.

Unraveling the Complexities: Factors Influencing Conviction Rates in Violence against Women (VAW) Cases in Northern Bangladesh

“…It is defined in various ways, such as the number of convictions divided by the total number of cases prosecuted. (Ramseyer, 2008), the percentage of defendants found guilty out of the total prosecuted within a specific timeframe (The Crown Prosecution Service, 2016), the percentage of cases resulting in a conviction out of all resolved cases annually (Steele et al, 2020), and the number of cases that lead to a conviction compared to the total instances tried within a year, encompassing both convicted and acquitted cases (Deshmukh, 2021). The low conviction rate for violence against women (VAW) cases in Bangladesh, hovering between 3% and 4% over the years, is a concerning issue that has significantly impacted the social lives of women and children in the country.…”