tag:blogger.com,1999:blog-6714063.post2670120505314876308..comments2023-10-09T00:45:55.603+09:00Comments on Shisaku: You Cannot Always Get What You WantedMTChttp://www.blogger.com/profile/04626942240117432624noreply@blogger.comBlogger5125tag:blogger.com,1999:blog-6714063.post-55094393430547495932008-11-29T11:59:00.000+09:002008-11-29T11:59:00.000+09:00Chris -Not exactly.I do believe that someone, some...Chris -<BR/><BR/>Not exactly.<BR/><BR/>I do believe that someone, somehow has to put pressure on judges to render judgments in accordance with the written law and evidence presented...and to do so with greater dispatch. A <I>saiban'in</I>-like system--which in the abstract should inject common sense notions of justice and fairness into the process--could have such an effect.<BR/><BR/>The problem is that in addition to rendering, after delays of months and years, horrible verdicts, judges also have tended to issue inconsistent and unbalanced sentences. <BR/><BR/>My sense is that the public--through their agents the <I>saiban'in</I>--will seek an increase the severity of the punishments issued, not improve the courtroom procedure and the administration of justice.MTChttps://www.blogger.com/profile/04626942240117432624noreply@blogger.comtag:blogger.com,1999:blog-6714063.post-11752942332297410132008-11-29T11:17:00.000+09:002008-11-29T11:17:00.000+09:00The post title intrigues me. Are you suggesting, a...The post title intrigues me. Are you suggesting, a la Jagger, that this might be what Japan needs? Or have I completely missed the reference?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6714063.post-31990153886988372962008-11-29T10:26:00.000+09:002008-11-29T10:26:00.000+09:00Herr Morén -I took the views expressed to mean tha...Herr Morén -<BR/><BR/>I took the views expressed to mean that prosecutors would be able to win convictions on much more severe charges than they have been able to secure until now.MTChttps://www.blogger.com/profile/04626942240117432624noreply@blogger.comtag:blogger.com,1999:blog-6714063.post-13971054700070757842008-11-29T01:13:00.000+09:002008-11-29T01:13:00.000+09:00Do the lay judges decide on sentencing and not onl...Do the lay judges decide on sentencing and not only on the matter of culpability? If so, that is a rather large difference from most other jury systems.Jan Morenhttps://www.blogger.com/profile/06834641501438709866noreply@blogger.comtag:blogger.com,1999:blog-6714063.post-74775773688475412542008-11-29T00:23:00.000+09:002008-11-29T00:23:00.000+09:00Re: "Ostensibly, the inclusion of regular citizens...Re: "Ostensibly, the inclusion of regular citizens into the legal process should curb the judiciary's notorious penchant for issuing peculiar, illogical and even extra-constitutional judgments."<BR/><BR/>- That's assuming that the average Japanese citizen is reasonable and logical.<BR/><BR/>[Bwaaahahahaha...!]Anonymousnoreply@blogger.com