Hello Blog. Forwarding from a reporter friend. Comment is his. Debito<\/p>\n
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Not sure what to make of this. Should I be dissapointed that they chose a
\nforeigner as the defendant in their mock trial or pleased that the jury
\ndidn’t necessarily lock him up and throw away the key just because he
\nwasn’t Japanese….. Anyway, for your amusement and education:
\n==============================<\/p>\n
Mock trial under lay judge system held in Osaka
\nby Keiji Hirano
\nOSAKA, Nov. 23 KYODO
\nhttp:\/\/asia.news.yahoo.com\/061123\/kyodo\/d8lipja81.html<\/p>\n
Citizen judges on Thursday came out with a mixed verdict on a Briton,
\nwho was indicted for bodily injury resulting in death, at a mock trial in
\nOsaka.<\/p>\n
Paul Lennon, 36-year-old English teacher, stood trial at the mimic
\ncourt, sponsored by the Osaka Bar Association, on the assumption that he
\nkicked a Japanese man because he thought the man had assaulted a woman,
\nalthough the man was just caring for his drunken girlfriend. The man died
\nafter falling down on a street and hitting his head.<\/p>\n
The mock trial was held prior to the introduction of the citizen judge
\nsystem in Japan by 2009, under which professional judges and lay judges
\nwill try such serious crimes as murder, robbery resulting in death,
\ninjuries leading to death and arson, in order to enable the public to
\nunderstand the planned system.<\/p>\n
It will be the first attempt in Japan to enable ordinary citizens to
\nbe involved in the judicial system.<\/p>\n
During the mock trial, the prosecution side said Lennon, a muscled
\ngrade-holder in karate, had kicked the victim, who was much smaller than
\nhimself, without hearing what he had to say in order to chastise him and
\nthat it was an excessive offense to target his face. The prosecutors
\ndemanded a six-year prison term.<\/p>\n
The defense lawyers argued that Lennon’s act was self-defense as the
\ndrunken woman said to him ”help me” in English while the victim was
\nraising his arms in a fighting pose.<\/p>\n
They also insisted he had kicked the man in a restrained manner. ”As
\na result, the victim did not sustain any injuries to his face. It was
\nunfortunate the victim died but the defendant is not a criminal,” the
\nlawyers added.<\/p>\n
After hearing the testimonies of the girlfriend and another witness of
\nthe incident, six lay judges — actual ordinary citizens and students who
\ndid not know the contents of the mock trial beforehand — discussed
\ntogether with three judges — actual lawyers of the association — about
\nwhether the defendant was guilty.<\/p>\n
A citizen judge said, ”I understand the principle of presumed
\ninnocence, but I tend to be attracted to what the prosecutors argued,”
\nwhile another lay judge, commenting on the girlfriend’s remarks that the
\nvictim did not raise his arms and the defendant kicked him suddenly, said
\nit was not trustworthy as she was drunk.<\/p>\n
Some citizen judges argued the defendant’s act was excessive as he
\nshould have realized its danger as a karate master, while others said it
\nwas not excessive, based on testimony of the witness that the victim
\ncollapsed dizzily, arguing that he would have fallen fast if the karate
\ngrade-holder had kicked him hard.<\/p>\n
While the citizen judges did not reach a consensus, Takashi Maruta, a
\nprofessor at Kwansei Gakuin University law school, said after observing the
\nconference, ”The mock trial showed ordinary citizens can develop
\nreasonable and persuasive debates.”<\/p>\n
Under the citizen judge system, three professional judges plus six lay
\njudges would decide by a majority vote whether a defendant is guilty or
\nnot, and pass sentence in a guilty verdict. At least one professional judge
\nand one lay judge must vote on the majority side.<\/p>\n
Judicial circles — professional judges, prosecutors and lawyers —
\nare now holding such mock trials as part of their efforts to make the new
\nsystem functional and effective.<\/p>\n
A symposium followed the mock trial on Thursday, in which a judge from
\nHawaii and two people from Australia and France, who had once served as
\njurors, shared their experiences with the audience.<\/p>\n
Both Malcolm Knox from Sydney and Francoise de Vaulgrenant from Paris
\nsaid they had initially been reluctant to sit in courts as jurors but they
\nlater found it a ”unique” and ”fascinating” experience.<\/p>\n
While jurors must have been prejudiced initially, ”we became
\nimpartial” after entering the jury room, said Knox. He said he had doubts
\nif he could work with others whom he did not know, but that he found it
\nwonderful to work with various kinds of people and he could foster trust in
\nother citizens after serving as a juror.<\/p>\n
Vaulgrenant shared the view, calling the change in the jurors
\n”magic,” and told the Japanese audience ”don’t miss it” if selected to
\nbe a citizen judge.<\/p>\n
Lay judges in Japan would be chosen at random from lists of eligible
\nvoters in a general election for the House of Representatives, regardless
\nof their views, faith or abilities.<\/p>\n
Sabrina Shizue McKenna, a judge from Hawaii, said 99 percent of jurors
\nin her court said it was a great experience, although they too had been
\nhesitant about serving as jurors at first.<\/p>\n
Speaking in Japanese, McKenna said, ”Life experiences of ordinary
\npeople are much more important than professional knowledge of judges (in
\ndiscussing legal cases).”<\/p>\n
Yuji Shiratori, a law professor at Hokkaido University who attended
\nthe symposium, said that while introduction of a lay judge system has a
\nsymbolic meaning of citizen’s participation in the judicial system, it is
\nalso expected to improve overall criminal justice by exposing investigation
\nand defense processes to the public.<\/p>\n
As lay judges will deliberate on serious crimes, which may lead to
\ncapital punishment, Shiratori said, ”It is likely that not a few lay
\njudges will be hesitant to be involved in giving a death penalty, and the
\nintroduction will be a good opportunity to stir national debate over
\ncapital punishment.”<\/p>\n
The lay judge system will be reviewed three years after its
\nintroduction, and Shiratori said he expects the majority verdict to be
\nrevised to a two-thirds or three-quarters decision in the future to ensure
\nmore legitimacy during the review period or even before the 2009
\nintroduction.
\n==November 23, 2006\u300021:49:55 Kyodo News
\n\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/<\/p>\n
COMMENT: What odd things make the news… With all the events jockeying for your attention, why so much of this highly-contrived fake court case? And I fail to see how this is any harbinger of the future of Japan’s upcoming jury system. Surely they could have come up with a better issue to put before a jury? Debito<\/p>\n
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\nUPDATE NOV 27, 2006:
\n(from friend MS)<\/p>\n
For your information, this would be a rerun of the actual trial of one Steve or Stephen Bellamy, who was indicted for manslaughter in Chiba around 1982 or thereabouts. His appeal went all the way to the Supreme Court.<\/p>\n
He never spent any time in prison but had to pay whopping compensation to the dead man’s family. The whole thing was just a sad misunderstanding, the man was not assaulting the woman — she was just drunk and acting in an obnoxious manner, but Steve went galloping to her rescue like a knight in shining armor. I think he eventually moved to Hawaii. Back in the days of 300bps acoustic modems, Bellamy had one of the first computer bulletin boards in Japan, called Kanto Central.<\/p>\n
Unfortunately there’s nothing in Google re this case. Anyone else here 25 years or so ago who remembers any details? MS <\/p>\n
==============================<\/p>\n
COURTESY OF REPORTER FRIEND MW<\/p>\n
Debito,<\/p>\n
Google might not have anything but Lexis Nexis does! Sorry for the caps….<\/p>\n
Copyright 1984 Kyodo News Service
\nJapan Economic Newswire
\nNOVEMBER 22, 1984, THURSDAY
\nLENGTH: 311 words<\/p>\n
DATELINE: TOKYO, NOV 22<\/p>\n
BODY:
\nAPPEAL COURT REVERSE TOKYO HIGH COURT FOUND A BRITISH BUSINESS CONSULTANT GUILTY OF ASSAULT RESULTING IN DEATH STEMMING FROM AN ALTERCATION ON A MATSUDO STREET THREE YEARS AGO.<\/p>\n
JOHN STEVEN BELLAMY, 34, WAS SENTENCED TO 18 MONTHS IN PRISON, BUT SENTENCE WAS STAYED AND BELLAMY PUT ON THREE YEARS PROBATION DUE TO THE CIRCUMSTANCES OF THE INDICENT.<\/p>\n
THE CHARGE AROSE AFTER BELLAMY, A THIRD-DAN (LEVEL) KARATE EXPERT, BECAME INVOLVED IN WHAT HE THOUGHT WAS A DOMESTIC QUARREL IN MATSUDO BETWEEN YASUTOSHI HARIMA, THEN 31, AND A DRUNKEN WOMAN. <\/p>\n
DURING LOWER COURT TESTIMONY, THE COURT WAS TOLD BELLAMY APPROACHED THE PAIR AND TRIED TO MEDIATE IN THE SITUATION, BUT WHEN HARIMA ASSUMED A BOXING STANCE AND THREATENED TO STRIKE THE BRITON, BELLAMY STRUCK OUT WITH A KARATE KICK WHICH RESULTED IN HARIMA’S DEATH.<\/p>\n
HARIMA APPARENTLY STRUCK HIS HEAD ON A CONCRETE CURB AFTER THE KICK AND DIED FROM HEAD INJURIES.<\/p>\n
THE CHIBA COURT RULED BELLAMY INNOCENT BECAUSE THE KICK WAS EXECUTED IN SELF DEFENSE, BUT THE TOKYO HIGH COURT SAID THE DIFFERENCE IN SIZE BETWEEN THE TWO MEN, HARIMA WAS 160 CM TALL AND 60 KILOGRAMS WHILE BELLAMY IS 180 CM AND 80 KILOGRAMS, AND THE EXPERT NATURE OF BELLAMY’S ATTACK RENDERED A RULING OF SELF DEFENSE INVALID.<\/p>\n
THE HIGH COURT ADDED THAT THE KARATE MOVE WAS OF SUCH A SKILLFUL NATURE THAT AN ORDINARY PERSON COULD NOT BE EXPECTED TO DEFEND HIMSELF FROM IT.<\/p>\n
IRONICALLY, THE SITUATION WHICH PROMPTED THE ALTERCATION WAS NOT AS THE BRITON HAD ASSUMED.<\/p>\n
HARIMA WAS ACTUALLY TRYING TO COMFORT A FRIEND’S WIFE WHO HAD BECOME DRUNK AND WAS NOT ATTACKING THE WOMAN AS BELLAMY BELIEVED AT THE TIME.<\/p>\n
BELLANY, VISIBLY PALE AND SHAKEN BY THE VERDICT, SAID HE HAD DONE “JUSTICE” AT THE TIME AND FELT THE HIGH COURT RULING “CRAZY, JUST CRAZY.”<\/p>\n
THE HIGH COURT DECISION WILL BE APPEALLED TO THE SUPREME COURT, BELLAMY’S LAWYER INDICATED.<\/p>\n
LOAD-DATE: Load-Date=NOVEMBER 22, 1984
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Hi, Debito:<\/p>\n
I’ve been following your postings and articles over the years since we last exchanged mail. Generally (though not always) I’ve been in agreement. Hats off to the wide scope of your concerns and the sheer energy you bring to bear on them.<\/p>\n
As for the mock trial in Osaka — you may know it is based on one of the most famous cases in the region involving a defendant named Steve Bellamy. The incident took place about a quarter of a century ago and was widely publicized here. I don’t have the dates or other details locked in my memory and my clippings for that period are not sorted.<\/p>\n
The Bellamy case raises the sort of issues that case study textbook writers love. In the US today (possibly even at the time), Bellamy would have won in criminal court then lost in civil court — like Peairs in the Hattori case. The mock trial, like the case it was based on, was not about nationality. The issues are precisely those addressed by the jurors. From a legal education point of view, the Osaka Bar Association knew what it were doing.<\/p>\n
For what it’s worth. You have my permission to use what I have written here any way you wish.<\/p>\n
Keep up the good fight.<\/p>\n
Bill Wetherall
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\nENDS<\/p>\n","protected":false},"excerpt":{"rendered":"
Hello Blog. Forwarding from a reporter friend. Comment is his. Debito \/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/ Not sure what to make of this. Should I be dissapointed that they chose a foreigner as the defendant in their mock trial or pleased that the jury didn’t necessarily lock him up and throw away the key just because he wasn’t Japanese….. …<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[15,13,11],"tags":[],"class_list":["post-83","post","type-post","status-publish","format-standard","hentry","category-lawsuits","category-media","category-problematic-foreign-treatment"],"_links":{"self":[{"href":"https:\/\/www.debito.org\/index.php?rest_route=\/wp\/v2\/posts\/83","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.debito.org\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.debito.org\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.debito.org\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.debito.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=83"}],"version-history":[{"count":0,"href":"https:\/\/www.debito.org\/index.php?rest_route=\/wp\/v2\/posts\/83\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.debito.org\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=83"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.debito.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=83"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.debito.org\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=83"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}