Although the system generated relatively high acquittal rates,[1] it was rarely used, in part because it required defendants to give up their rights to appeal the factual determinations made.
In the civil law inquisitorial system, the entire panel of judges conduct a public investigation of the crime at the trial, and pass the verdict and sentence those found guilty.
For this reason, each member of the panel can initiate the examination of evidence and witnesses, and by a majority (including at least one professional judge, as explained below) can pass a guilty verdict and impose a penalty.
[6] Unlike the Anglo-American rule for criminal jury trials, both convictions and acquittals as well as sentence remain subject to appeal by the prosecution and the defence.
Katsuyoshi Fuji, 72, was found guilty in the stabbing death of a 66-year-old neighbor and sentenced to 15 years in jail at the first lay-judge trial held in the Tokyo District Court.
On August 3, 2009, six citizens were chosen to serve as "saiban-in" and join three judges at the trial attended by 2,500 people queuing to get into the sixty-seat public gallery.
[13] Some Japanese have been introduced to mock trials over recent years to overcome their reluctance to express opinions publicly, debate, and defy authority figures.
[9] Others have written with concern regarding the harsh secrecy provision in the statute which includes the risk of criminal penalties for those lay judges who would publicly share confidential deliberation room discussion even after trial proceedings are complete.