Nearly three months after the start of the lay judge system, probation is cropping up in an increasing number of rulings.</PARAGRAPH>
<PARAGRAPH>Of the 36 court trials deliberated by the teams of lay and professional judges through Oct. 27, nine ended in suspended sentences. Of those nine, probation was given in seven.</PARAGRAPH>
<PARAGRAPH>Probation allows low-risk offenders to be released on condition they keep their noses clean and meet regularly with probation officers, who give them advice on job hunting and other issues. Parole officers also support defendants given suspended sentences with probation, and juvenile delinquents. If the parolee commits a crime during the suspended period, they go straight to prison to serve out their original sentence.</PARAGRAPH>
<PARAGRAPH>'When we were discussing what kind of ruling to come up with, everybody agreed that the sentence should be suspended,' said a male lay judge who was involved in meting out a suspended sentence. 'But we were all worried that the defendant might quit his job if he started hanging out with bad friends again.</PARAGRAPH>
<PARAGRAPH>'But if he were to go to prison, he would definitely be hanging out with unsavory friends,' he said. When one of the lay judges asked if anyone had a good idea, the presiding judge explained the probation option. Everybody endorsed it.</PARAGRAPH>
<PARAGRAPH>In some probation rulings, the lay judges asked the defendants if they wanted to be rehabilitated.</PARAGRAPH>
<PARAGRAPH>'You're sure you will never play –
ever again," asked one lay judge during a Kobe District Court trial on Sept. 8. "I am asking you because if I make a wrong decision, I cannot face the public."
In a trial Oct. 6 at the Yokohama District Court, a lay judge said, "If I were your mother, I would like to hear you say for yourself that you will take the blame and start afresh."
The underlying message is simple: If you mess up again, you won't get another chance.
In each case, the defendant expressed remorse and a determination to get back on the right track.
Probation is given to defendants, especially younger people, who have grown up in difficult circumstances, said a veteran professional judge, adding that the decision is made carefully because if the defendant commits another crime during the period or probation, prison would be unavoidable.
Meanwhile, a probation officer expressed concern that lay judges are expecting too much from the probation system.
"It's not as if we are supervising them around the clock or have them wear a Global Positioning System (transmitter)," the officer said. "I hope they have a thorough understanding of probation."
Lay judges are only involved in serious crimes, including murder, rape and robbery.
