A young man in Kanagawa Prefecture always gets nervous when he sees a headline about an execution in Japan. He fears that Sumitoshi Tsuda has been sent to the gallows.“I cannot help but look to see if Tsuda-san’s name is there,” the 24-year-old man said. “I find myself relieved if his name is not among those who were executed.”
The Kanagawa man was, in fact, involved in sending Tsuda to death row.
The lay judge system was introduced in May 2009 as part of judiciary reform to reflect a commonsense view of the public in a realm long dominated by professional judges.
Many citizen judges are now struggling to come to terms with their decisions that will ultimately result in the death of a stranger.
One has even sued the government over the acute stress disorder she developed as a result of her lay judge experience.
Government officials, including Justice Minister Sadakazu Tanigaki, have noted the emotional impact the experience can have on citizen judges, but there are no plans in place to change the system.
The man in Kanagawa Prefecture was among the citizen and professional judges for the trial of Tsuda at the Yokohama District Court. They found him guilty of murdering three people in Kawasaki, Kanagawa Prefecture, in 2009.
A majority opinion sentenced Tsuda to death in June 2011. His sentence was finalized the following month after he withdrew his appeal to a higher court.
Tsuda, 61, could now be executed on any day.
“I will be depressed when he is executed because our collective decision is taking away his life,” said the former citizen judge. “Only lay judges who decided on a death sentence can understand how agonizing it feels.”
In a typical case, six citizens selected by lottery, along with three professional judges, debate if the accused is guilty. They also determine the sentence of those convicted.
Lay judges are selected only for serious criminal cases at the district court level, such as murder and arson, in which the accused could face a life term or death sentence.
A majority, not a unanimous, decision is needed for the verdict and sentence. The weight of each vote is the same, regardless if they are citizen or professional judges.
Since the lay judge system took effect, the death sentence has been handed down in 17 cases.
“To determine if the accused should receive the death penalty or not is just beyond the ability of ordinary people,” said a 62-year-old woman in Fukushima Prefecture.
The woman sued the government on May 7, demanding 2 million yen ($19,700) in damages for the acute stress disorder she developed from her experience serving as a citizen judge at a branch of the Fukushima District Court in March. She said she lost 4 kilograms.
The trial was for a man charged with robbing and murdering a married couple in Fukushima Prefecture last July.
When prosecutors presented evidence against the accused, the woman had to view color photos of the crime scene showing a pool of blood and the bodies with numerous stab wounds. She also had to listen to a tape that recorded the victims’ screams.
She said she couldn’t eat after the first day of the court proceedings. She vomited many times at the court and at home and had trouble sleeping.
A doctor told her she was suffering from acute stress disorder.
“I just wanted the case to be over as soon as possible,” she said. “That is what I have been feeling all along.”
The woman said she believes that she is not the only former lay judge who remains traumatized.
“A recurrence of the experience I went through should not be allowed to happen,” she said.
So far, 171 lay judges have been involved in issuing death sentences under the system, according to the Supreme Court.
To help reduce the shock lay judges may feel, many district courts have used black-and-white photos of crime scenes and victims.
Tanigaki said prosecutors can do more to ease the situation facing lay judges.
“The court cannot discuss a case without (showing photos as) evidence,” he said. “Prosecutors should give consideration to lay judges by alerting them to photos beforehand so that they will be mentally prepared for what is coming or by using black-and-white photos.”
Some members of a Justice Ministry panel tasked with reviewing the system pointed out the emotional burden on lay judges and called for excluding cases that could involve death sentence.
But the panel decided to maintain the current setup, concluding that citizens’ opinions are needed in the judicial process for serious crimes.
Satoru Shinomiya, a law professor at Kokugakuin University’s Law School and an architect of the lay judge system, said more time at trials should be spent on detailing the background of the suspect as a step to lower the stress level of lay judges.
“The current proceedings tend to dwell on arguments trying to establish the crimes and their significance, not fully discussing the accused’s background and the chances for rehabilitation,” he said. “If judges deliver a death sentence without being well informed about those points, it could lead to emotional strain.”
A woman in her 50s who was involved in handing down a death sentence in March 2011 at the Tokyo District Court said the weight of the decision has been overwhelming.
The case is now being heard at the Tokyo High Court.
“I am confident about our conclusion of the death penalty,” she said. “But I need confirmation from professional judges that our conclusion was not wrong.”
Another woman who presided over a murder trial at the Saitama District Court in February 2012 said she is still bothered by the lack of information on the accused’s children.
“Giving a death sentence means that it will take away their father,” she said. “I wonder what will happen to them.”
She tried but failed to locate the children to offer the daily allowances she received as a lay judge. She donated half the money to a children’s home and the rest to a group that supports crime victims.
People who served as lay judges are eligible to five rounds of free counseling at 217 venues commissioned by the Supreme Court.
Shinomiya also said sufficient information should be provided to the public about the treatment of inmates on death row because citizens are now forced to make decisions about their lives.
Tanigaki, however, has expressed reluctance in revealing details about their lives in prison.
Courtesy: THE ASAHI SHIMBUN
