The first criminal trial under the lay judge system ended in Tokyo District Court last week, and a second such trial wrapped up in Saitama District Court on Wednesday.

The first trial resulted in a 72-year-old Tokyo man being given 15 years in prison for stabbing to death a 66-year-old female neighbor; the prosecution had sought 16 years. The trial proceeded rather smoothly since the defendant had admitted his guilt. The main point of contention was the degree of his intent to murder. Even so, it is significant that the proceedings under the new system became much easier for the public to understand.

Maps, illustrations and photos were used for clarification, and the ruling was written in easy-to-understand language. Thus a first step was taken in making criminal trials more open to the public. Although a professional judge in the Tokyo trial at one point appeared to pose a question on behalf of the lay judges, all six lay judges eventually asked their own questions.

More effort appears needed to help the lay judge system take root in Japanese society. At present, a strict gag order under threat of punishment is imposed on lay judges. Restrictions should be eased to enable the public to understand what points the lay and professional judges made and how and why they reached their rulings. Allowing lay judges to speak more freely can help shed light on any problems in the lay judge system. If restrictions are eased, however, measures should be crafted to ensure the safety of judges.

To shorten the proceedings and help them run smoother, professional judges, public prosecutors and defense lawyers hold pretrial meetings to narrow down the main arguments and evidence in the case. Since the prosecution, as a state organ, is in a much stronger position than the defense, it should be legally required to present all the evidence it possesses at these meetings.

To prevent conviction on false charges, lay judges must carefully scrutinize the prosecution's evidence in an objective manner and not be swayed by the emotions voiced by crime victims or their relatives. Professional judges can play an important role in helping lay judges in these matters.