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Resumo

On May 21, 2009, lay citizens will join professional judges in deciding the fate of suspects of major crimes in Japan's new saibanin or lay assessor system.[1] This system, laudable for pursuing public understanding and reform in a judiciary long criticized for being distant and overly bureaucratized, contains provisions that could do as much harm as good. Among causes for concern, the new law contains a harsh secrecy provision that stands out as a potential source of problems. This provision, which threatens to imprison or fine citizens who speak too freely about their service as lay assessors, will make reporting misconduct difficult and chill the public discourse that the system ostensibly aims to foster. Such secrecy may also inflict significant psychological harm upon those affected by the disturbing details of a criminal trial. These potential ramifications should be taken into consideration as Japan makes its way through this new world of lay participation.

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