More than 80 percent of former professional judges believe that miscarriages of justice are unavoidable, according to a survey by Forum 90, a group opposed to capital punishment.
The survey, conducted in July, also found that more than 60 percent of the former judges oppose the new lay judge system.
The group tried to poll 900 former judges who are now lawyers, college professors and notary publics, but only 106 responded.
Among those who did, 82.1 percent said they believe a miscarriage of justice is unavoidable. Many of them propose introducing audio and visual recordings of the interrogation process as a way to prevent such problems, as demanded by the Japan Federation of Bar Associations. The former judges also stressed the need to end the overdependence on confessions.
"Criminal court judges seem to have a strong belief that they should not be cheated by the defendants," one respondent said. "Thus they are likely to follow the arguments of the prosecutors. It is necessary to promote change in their thinking."
On the lay judge system, in which six citizen judges and three professionals hear trials dealing with serious crimes, 61.3 percent of the respondents are against it, while 30.2 percent are for it.
"While judges are sometimes required to be involved in serious and heated discussions, it would be difficult for nonprofessionals to deliberate in a reasonable manner," one respondent said.
Another said the new system should be maintained "as it may curb the self-righteousness of professional judges."