Past participants in Japan’s lay judge system reveal its challenges

“The accused was sitting right there, so close to me, and yet I felt like there was an unbridgeable distance between us.”

Tomomitsu Shibuya, a 55-year-old pastor from the city of Aomori who served as a lay judge almost 10 years ago, recalls the day that he sat in the Aomori District Court for the trial of a man accused of robbery and sexual assault.

It was the first trial in the Tohoku region involving lay judges and the first sexual assault case in Japan to be tried using them.

During the three days of the trial, Shibuya’s emotions wavered between empathy and outrage against the defendant, who was 22 years old at the time.

Upon hearing the victim’s statement on the first day, Shibuya’s first reaction was fury, as he imagined that the case could have happened to his daughter.

But on the second day, Shibuya found that the accused had his own burdens as well. His father had left the family, and his mother had died when he was young.

“I kept wondering whether there couldn’t have been a way for someone to reach out to the defendant before he committed such a terrible crime,” Shibuya said.

During deliberations, Shibuya raised the question of rehabilitation, asking the professional judges what kind of re-socialization programs would be available for the accused in prison.

The presiding judge refrained from giving a straight answer, merely saying that they would check and get back to Shibuya.

“It was almost like the judges hadn’t given much thought to what life for the defendant would look like after prison,” Shibuya said.

Ultimately, the man was handed a guilty verdict with a sentence of 15 years in prison, just as prosecutors had requested.

But following Shibuya’s suggestion, the presiding judge told the man in the end: “This sentence reflects our belief that you deserve a second chance. It is not a sentence to show we have given up on you.”

Looking back on his experience, Shibuya believes that the trial he participated in “had more room for compassion than ones with only professional judges.”

A decade has passed since the criminal justice system underwent a major overhaul and introduced the lay judge system for the first time amid much controversy.

In Japan’s lay judge system, six randomly selected people serve as civilian judges alongside three professionals to jointly deliberate on the verdict and sentence. The lay judge system only applies to criminal cases that carry a heavy sentence.

During those ten years, some 89,000 people have sat in during trials as a lay judge, and what they have taken away from that experience has revealed the challenges of the system.

One issue is the low appetite among the public for judicial participation.

In 2009, 83.9 percent of the candidates who were asked to come to the selection process at district courts to become a lay judge actually showed up. That figure, however, has since seen a steady decrease to mark 67.5 percent in 2018.

“The reason why participation rates are low is the same as why voting rates are low. People are too preoccupied with their own lives and they don’t want to get involved in something so burdensome,” said Shibuya.

But his experience at the court led him to set up a nonprofit organization two months later that encourages interaction among families in his community, in the hope of supporting parents and children in need.

The organization organizes cleanup campaigns and camps for families, and has also sent daily necessities to disaster-hit regions in Iwate Prefecture following the 2011 Great East Japan Earthquake.

“I mean, how dismal a world would it be if people just got sentenced and that was it,” Shibuya said. “I want to convey to people what I learned by being a lay judge, which is the importance of people supporting and caring about each other.”

Emotional distress

Yet, for others, the experience of being a lay judge was one that turned into a huge burden to carry, rather than a force for greater good.

Such was the case for a woman in her 60s from Koriyama, Fukushima Prefecture, who sat on the lay judge panel in March 2013 for a murder-robbery case at the Koriyama branch of the Fukushima District Court.

Eight days after the sentencing, the woman was diagnosed with acute stress disorder and is still seeing a doctor.

At the first day of the trial hearings, lay judges were shown color photographs of the crime scene, as well as the victim’s dead body, on a large screen. A voice recording of the victim pleading for help when calling for an ambulance right before dying was also played at court.

The woman couldn’t help but throw up during the break.

Suppressing her nausea, the woman still participated in the deliberations. But when the judges decided to give the defendant a death sentence, she was overwhelmed with an indescribable sense of guilt.

She filed a lawsuit against the government seeking damages and questioning the validity of the lay judge system. The lawsuit went as far as the Supreme Court after the plaintiff appealed to the Sendai High Court, but in 2016 she lost.

However, in handing down a ruling at the Sendai High Court, the presiding judge, while defending the court’s need to show the photograph of the corpse as presentation of evidence, also noted the need to discuss ways to alleviate the emotional distress of lay judges.

The impact was sweeping.

In cases where photographic evidence of corpses or injuries were presented at court, prosecutors were asked to provide it either as a black-and-white picture or create an illustration of it instead.

In addition, judges became more mindful about allowing small breaks during hearings out of consideration of any distress lay judges may be experiencing.

Profound sense of loneliness

Still others experience a profound sense of loneliness following sentencing, owing to their obligation not to speak about the trial.

Kazutoshi Horimoto, 74, of Sendai, served as a lay judge for a robbery and rape case held at the Sendai District Court in March. Although he believes the experience was worthwhile, there is one thing he regrets.

Although Horimoto had wanted to exchange contact details with his fellow lay judges after the trial was over, he couldn’t bring himself to ask out of concern that he would be too intrusive. He watched them go home, one by one, never to be seen again.

Given the confidentiality obligation that all lay judges bear, the only people Horimoto could have reflected and talked openly about the case with would have been the fellow lay judges.

At the hearing, the prosecutors and defense were at complete odds with one another, and the debate focused on whether the defendant was guilty or innocent. Ultimately, the defendant was given a guilty verdict with 15 years in prison, as requested by the prosecutors.

“I don’t regret the sentence we decided to hand out. But given that the defendant had insisted he was innocent, I’m still a bit hung up about it,” Horimoto said. “It’s frustrating to have to keep this to myself when I want to talk it out.”

In trials where the sentences may be heavy, court staff gently nudge lay judges to exchange contact details, but such instances are rare.

Even if one were to contact the court to ask for the contact details of other lay judges, the list of lay judges is destroyed soon after sentencing and there is no way for the court to respond to such requests.

Junya Ota, a 51-year-old employee at the city office in Kuroishi, Aomori Prefecture, also said he felt a sense of loneliness when he served as a lay judge five years ago at the Aomori District Court for a case of robbery resulting in injury.

“Lay judges called each other by assigned numbers throughout the deliberations. I couldn’t quite grasp what information we were supposed to keep confidential,” he said.

“We ended up never giving our names or talking about our professions,” he added.

But in December, Ota participated in a gathering held at Senshu University in Tokyo convened especially for former lay judges, where they can share their own experiences and discuss how the system could be improved.

Some talked of the struggle of discerning the facts despite a lack of evidence. Others said that they felt better after having a heart-to-heart with a fellow lay judge after the sentencing.

With the 30-odd people in attendance all sharing their thoughts and concerns, Ota felt less alone, like a burden had been lifted from his shoulders.

The increasing rate of people declining court requests to become a lay judge was also mentioned at the gathering. As many as 67 percent declined in 2018, up 14 percentage points from 2009.

One of the reasons for the steep decline rate is said to be the difficulty of taking leave from work, considering that the average length of a trial was extended from 3.7 days in 2009 to 10.8 days in 2018.

Ota admits that even his colleagues weren’t so happy about him taking up the task, although he is a public servant.

“Former lay judges have the responsibility to raise awareness of both the system’s strengths and weaknesses — the ones that the public at large may not yet be aware of,” Ota said.

This section features topics and issues from the Tohoku region covered by Kahoku Shimpo, the largest newspaper in Tohoku. The original articles were published on April 23, 25 and 26.

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Protests may see ‘comfort women’ statue removed from Japanese art event in Aichi

NAGOYA – A statue of a girl symbolizing the wartime “comfort women” may be removed from an international art event in Aichi Prefecture after drawing a storm of protest, the event’s artistic director said.

The “Statue of a Girl of Peace” has been receiving harsh criticism since Aichi Triennale 2019 started on Thursday. The term comfort women is a euphemism for the women, mainly Koreans, who provided sex — including those who did so against their will — for Japanese troops before and during World War II.

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Journalist Daisuke Tsuda, who serves as the event’s artistic director, said Friday that he will consider options including the possible removal of the statue.

“Concerns over staff and visitor safety are rising as we are getting a flood of protest calls,” Tsuda told a news conference. The statue has drawn about 1,400 complaints, according to event staff.

“We wanted people to look at an art work that was rejected by a museum for exhibition, to think about the freedom of expression,” he said.

He offered an apology to the people concerned for attracting an unexpected amount of criticism.

Tsuda said he will hold talks with Aichi Gov. Hideaki Omura, head of the event’s organizing committee, and others shortly to make a final decision on the fate of the statue.

The event features work by more than 90 artists from home and abroad. The statue, created by South Korean sculptors Kim Seo-kyung and Kim Eun-sung, is displayed at a booth called “After ‘Freedom of Expression?’”

Nagoya Mayor Takashi Kawamura urged Omura to terminate the exhibition of the statue, saying it insults Japanese people’s feelings. The city of Nagoya is covering the cost of the event.

Dybala ‘sad and angry’ amid Man Utd speculation

Paulo Dybala is said to be “sad and angry” over his situation at Juventus, according to Italian journalist Fabrizio Romano.

Manchester United have emerged as potential suitors for Dybala this summer in something of a swap deal involving Romelu Lukaku heading to Turin.

But the ‘greedy’ b*stard’s wage demands have seen the move stall as the Argentine contemplates his future.

It would be the perfect signing for United but Dybala’s reluctance is understandable, given that he would be sacrificing at least one season of Champions League football.

Trying to figure out what the f*** Juventus are doing even contemplating the deal is difficult and Romano has explained the latest.

Romano told Transfer Talk podcast: “Dybala had a terrible season last year and he was convinced it was the fault of his relationship with former manager Massimiliano Allegri. After Allegri left the club he realised that the problem was with the club, not just the manager.

“The problem was tactical because of his role. He feels like a No 10 but Maurizio Sarri plays with a 4-3-3.

“Also Juventus need money after spending on Matthijs de Ligt and other transfers, they must sell someone.

“Dybala does not want to leave Juventus, he has always said he wants a chance to show his skills, show his best at the club.

“I am told Paulo is so sad and angry now. He was convinced he would stay and now he is considering the possibility of leaving for Manchester United.”

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Man Utd offer £45.7m for Brazil international after Maguire deal

Manchester United have tabled an offer for Ajax forward David Neres after agreeing a deal to sign Harry Maguire, according to reports.

United will pay £85million for Maguire, with the deal subject to a medical and personal terms, though with the Leicester defender keen to make the step up the latter should prove no obstacle.

And following that news, journalist Jorge Nicola reports in his blog for Yahoo (via Sport Witness) that the Red Devils have made a €50m bid for Neres.

Neres has previously been linked with Liverpool and Everton after a stellar season with Ajax, scoring 12 goals and assisting 15 in 50 games.

The report adds that the Brazil international was set to sign a new deal with the Dutch side but the offer from United has delayed a decision on that.

Ajax are only willing to do business for €70m (£64m) but the report adds that a deal of that magnitude could see United have Financial Fair Play issues.

 

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Everton complete fourth signing with £25m Gbamin deal

Everton have made Mainz midfielder Jean-Philippe Gbamin their fourth signing of the summer, bringing him in on a five-year deal for a reported fee of £25m.

The 23-year-old’s arrival will fill the void left by Idrissa Gueye’s move to Paris St Germain earlier in the week.

Gbamin told evertontv: “It’s a big moment with a lot of emotion and now it’s on me to prove on the pitch why they bought me.

“I’m excited because Everton is a great club here in England with a big history and ambition, so I didn’t think for more than a moment – I wanted to come here.

“I like to go in the duels. I like to run a lot and tackle. I also pass good and have a good transition. All the rest, the fans will see. I will give everything on the pitch.”

Ivory Coast international Gbamin began his career at Lens before joining Bundesliga outfit Mainz in 2016, where he made 86 league appearances and scored three goals.

Everton boss Marco Silva told the club’s official website: “He is ready for this challenge – to come and help us to keep getting better.

“He is full of ambition to play for Everton, fits with our model and he will give us different solutions in our midfield.”

Meanwhile, Moise Kean is set to arrive for a medical in the next 24 hours ahead of completing a deal reported to be worth £30million.

Kean is the player who is exciting Everton fans the most as they hope the long wait for a regular goalscorer is over, having seen the team struggle up front since the departure of Romelu Lukaku two years ago.

Since then, Wayne Rooney (10) and Richarlison and Gylfi Sigurdsson (both 13) have been the Toffees’ top Premier League scorers in the last couple of seasons.

Kean has scored 11 times in 35 Serie A appearances, the majority of which have been as a substitute, for Juventus and on loan at Verona but is viewed as a player with huge potential by manager Marco Silva and director of football Marcel Brands.

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Everton have already secured Andre Gomes, who spent last season on loan at Goodison Park, on a permanent deal, along with back-up goalkeeper Jonas Lossl from Huddersfield and Manchester City midfielder Fabian Delph.

 

When does the 2019 Championship season start and where can you watch it?

When does the 2019 Championship season start?

According to the Football League, the Championship season officially starts on Saturday August 3 this year. That is the first multi-fixture matchday of the campaign, but the first match of the season actually takes place on Friday August 2.

That fixture will see newly-promoted Luton Town host last-season’s under-achievers Middlesbrough at Kenilworth Road and it kicks off at 7.45pm.

How can I watch the 2019 Championship season?

If you are a UK viewer, you can find the Championship season, and indeed all live Football League football across the 2019/20 season, on Sky Sports.

Quest, who are owned by the Discovery Channel, hold the rights to broadcast a weekly highlights show as well as ten midweek editions throughout the season. Last season they put their Saturday night programme out at 9pm so to avoid a clash with the BBC’s Premier League highlights show Match of the Day.

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They have chosen the same timeslot for the upcoming season too but, controversially, opted to extend the show, meaning a small overlap with MOTD.

 

Exactly a year before Tokyo Olympic marathon, 30C recorded at starting point — at 6 a.m.

The temperature near the new National Stadium located in central Tokyo, where the Olympic marathon will start and finish, hit 30 degrees Celsius at 6 a.m. on Friday, Japan-based weather service provider Weathernews said.

With exactly one year to go until the 2020 Olympic women’s marathon, which starts at 6 a.m., the Weathernews team measured the temperature along the route, stopping their vehicle every 5 kilometers to take readings.

In addition to the sweltering heat, they also measured humidity levels of more than 70 percent as of 6 a.m.

“There were some thin clouds. Once you’re exposed to direct sunlight the temperature will feel different,” said Kazuo Asada, who runs the sports meteorology team at Weathernews and is also a member of the science committee at the Japan Association of Athletics Federations.

The statistical data they collected will be used to plan measures to safeguard runners against heat-related illnesses.

The women’s marathon at the Tokyo Olympics will start at 6 a.m. on Aug. 2, and the men’s marathon at the same time on Aug. 9.

Originally, the start time was set for 7:30, which was then revised to 7 a.m. before it was moved again to counter the possible health risks to athletes, spectators and workers.

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Russian PM Dmitry Medvedev visits disputed island off Hokkaido despite protest from Tokyo

YUZHNO-SAKHALINSK, RUSSIA – Russian Prime Minister Dmitry Medvedev on Friday made his first visit since 2015 to one of the four Russian-held islands off Hokkaido that are claimed by Japan, despite a request from Tokyo to have the trip canceled, according to Russia’s Interfax news agency.

Medvedev traveled to Etorofu, which is called Iturup in Russia. The island is part of what Russia calls the Southern Kurils, which are known as the Northern Territories in Japan. Tokyo claims they were illegally seized by the Soviet Union following Japan’s surrender at the end of World War II.

It was Medvedev’s fourth visit to one of the disputed islands.

Japan lodged a strong protest against Medvedev’s visit to Etorofu through diplomatic channels.

But Medvedev claimed that the islands are Russia’s territory, suggesting that Moscow will not accept the Japanese protest, according to Russian news agency Tass.

He was scheduled to visit a seafood processing factory and a hot-spring facility, check on progress in improving infrastructure such as roads and schools, and go fishing on a yacht, according to Russian government officials.

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With bilateral negotiations on the dispute at a standstill, Medvedev’s visit is believed to be intended to highlight Moscow’s control of the island through its efforts to develop the remote territory.

Prime Minister Shinzo Abe plans to meet Russian President Vladimir Putin in the Russian city of Vladivostok next month on the sidelines of an economic conference.

But Medvedev’s trip may affect plans for joint economic programs on the disputed islands between the two countries.

Japan has been promoting joint development of the islands in its bid to secure their eventual return.

In November 2010, when he was president, Medvedev visited Kunashiri, another of the four islands, becoming the first Russian leader to visit one of the disputed isles.

He visited Kunashiri again in July 2012 as prime minister and Etorofu in August 2015.

Each visit has prompted a formal protest from Japan, and bilateral relations were particularly strained after he told Kunashiri residents in 2012 that Moscow would never return the islands.

The territorial dispute has prevented the two countries from concluding a postwar peace treaty.

Last November, Abe and Putin agreed to step up talks on a peace treaty based on a 1956 joint declaration that mentions handing back two of the islands — Shikotan and the Habomai islet group — to Japan.

But further progress has yet to materialize, with Putin apparently concerned that his falling support rate may drop further if he hands over the territory.

Japan’s social security benefits topped ¥120 trillion to hit record high in 2017

Social security benefits paid out in fiscal 2017 reached a record high and exceeded ¥120 trillion for the first time, a welfare ministry-affiliated think tank said Friday.

The figure for the year to March 2018 stood at ¥120.24 trillion, up 1.6 percent from the previous year, the National Institute of Population and Social Security Research said.

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Social security benefits have been on the increase since statistics began in 1950.

Such benefits include pensions and spending for medical services, with self-pay portions excluded. They are mainly financed by tax revenues and social security insurance premiums.

By category, pensions totaled ¥54.83 trillion, the largest figure and nearly 50 percent of the total. But the year-on-year growth of pensions was only 0.8 percent, due in part to a drop in public pension allowances.

Medical expenditures grew 1.6 percent to ¥39.42 trillion, reflecting the aging of society.

Spending on welfare and other purposes, including child-rearing and nursing care, increased 3.1 percent to ¥25.99 trillion.

First engine-powered aircraft to ever fly in Japan returns to Tokorozawa in Saitama

TOKOROZAWA, SAITAMA PREF. – An exhibition of the first engine-powered aircraft that flew in Japan opened at an aviation museum in Tokorozawa on Thursday, marking its return to the city in Saitama Prefecture after 74 years.

The French-made Henri Farman biplane, whose fabric-covered wings have a span of about 10 meters, has a propeller powered by a 50-horsepower engine installed behind the pilot’s seat.

The first powered flight in the country took place in December 1910, when the Henri Farman was flown by Imperial Japanese Army Capt. Yoshitoshi Tokugawa in the Yoyogi district of Tokyo.

After the historic flight, the aircraft was moved to the country’s first airfield in Tokorozawa and was used mainly for training. In April 1911, it flew about 10 meters above ground for a distance of some 800 meters.

The aircraft was transferred to the United States in 1945 after the end of World War II. It was returned to Japan in 1960 and stored at the Air Self-Defense Force’s Iruma base in Saitama Prefecture after being displayed at a transportation museum in the capital’s Akihabara district.

The exhibition in Tokorozawa, designed to mark the 100th anniversary of the arrival in Japan of a team of French aviation trainers, started with ASDF support.

“The structure is so different from today’s aircraft. I can’t believe that it really flew in the sky,” said Takumi Matsumoto, a 30-year-old corporate employee who visited the exhibition with his family.