These days, a larger judicial reform project become a lot of news in Japan. I would like to introduce what is happening about judicial reform.
Law school
"The old Japanese bar exam" is one of the most difficult exams in Japan. As I wrote before, Japanese entrance exams for undergraduate schools are very difficult. On the other hand, the bar exam is much more difficult. Examination pass rates of Japanese medical schools are 10 % at least. That of the bar exam is 3%. It is often called "Modern Imperial examination". The average age of people who pass the bar exam was 30 years old. As Japanese universities have department of law "as an educational system" in undergraduate schools, they need to study more than several years after graduation until they pass the exam.
In accordance with the change of society, more number of people is required for legal professions. Therefore, Japanese government decided to make law schools as graduate schools. Then, they assigned official test for them to approve them as new lawyers. The new system started in 2004.
The government intended to approve most of the people who graduate from new law school in the exam. Unfortunately, current pass rate is 25%. Final people who are licensed as legal professions were 2074 this year almost 70% of the aim of the government.
In Japan, relationship with citizen and law is not close like in USA. It seems that the new bar exam should be improved. I still expect that the system will improve Japanese society by more strong relation ship between people and law.
Juries in Japan
In May 2004, as a part of a larger judicial reform project, laws were enacted to introduce citizen participation in some criminal trials. The new system took effect in May 2009.
The main philosophy of the new system consists of two things. First, the penalties of judgment are not often like general citizen expected. In some cases, people think the criminals should be punished more severely. The enrollment of citizen is expected to mitigate this problem. Second, judgments of serious crimes are sometimes difficult for professionals. They often categorize the criminals and it rarely cause wrong judgments though it should not occur absolutely. Experts of law indicates that people who are not experienced often can make judgment more appropriate than people who get used to court cases.
I can not imagine that how I feel when I would be required to take part in trials. I can not prospect how I feel when I feel the picture of victims or some other terrible evidences. Of course, I would go if I were elected. On the other hand, I do not know how severe the reality of trials are.
I think most of the people are not necessary to go to trials. That make the significant gap between the general citizens and legal professions. I think this system enhance the people's understand of law and I hope it will work well.
Opening the ultimate penalty.....
The other day, Japanese government decided to open a room of death penalty. The room was little cleaner than people expected. These days, I begun to notice how the death penalty is severe. When I saw the pictures, I felt fear because I could imagine the situation of death penalty when three prison guards push buttons. Gallows are used as death penalty in Japan. Strictly speaking, that kill criminals by cervical fracture and it finish within a few minutes. However, I imagine the burden of people who conduct death penalty must be much more heavy than I imagine.
These days, the mind of families of victims are interested in by Japanese public opinion. The penalties of crime is becoming more severe than before. I cannot say anything about the feeling of them. On the other hand, the extent of penalty and recovery of families of victims could be discussed respectively though the way of thinking is not popular.
When I was a primary school student, I never disagree with death penalty. However, these days, my attitude to death penalty began to change. I cannot believe that "death" does make sense as penalty.
The open of the room seems to promote discussion of death penalty the minister of law intended. In my opinion, death penalty will never disappear in Japan. As long as I know, people still require criminals lives as punishment. Since the era of Harakiri, this social faith have been exist in the mind of Japanese people.
Once upon a time, Japanese law was almost like people were not necessary to worry if you did not have troubles. These days, the law system seems to approach lives of citizens. I think if people can live better life by the reform of laws, I hope better society.
