Top court for 1st time upholds death sentence over minor's crime in lay judge trial

[Ceewan]

The Supreme Court on June 16 upheld lower court rulings sentencing a man to death for murdering two people and injuring another in an assault he committed as a teenager.

The decision marks the first time for a death sentence that was handed down in a lay judge trial to a defendant who was a minor at the time of the crime to be finalized.

The now 24-year-old defendant sneaked into his former girlfriend's home in Ishinomaki, Miyagi Prefecture, with an accomplice in February 2010 in a bid to take her back, according to district and high court rulings.

He became furious when his former girlfriend's 20-year-old elder sister, who was opposed to their relationship, alerted police. He fatally stabbed the sister and an 18-year-old friend of his former girlfriend who was also at the scene. The defendant also seriously injured a man who was a friend of the elder sister.

At the time of the crime, the defendant was 18 years and seven months old.

 

[kharo88]

Good decision!

 

[Ceewan]

'He's a child': Ex-lay judge reflects on death sentence for crime involving minor


A former lay judge in the trial of a one-time minor accused of killing two people and wounding another in Ishinomaki, Miyagi Prefecture, revealed their mixed thoughts after the news that the defendant's appeal against his death sentence was rejected by the Supreme Court on June 16.

The former lay judge, a person in their 40s who was involved of the first trial held at the Sendai District Court, heard the news on a car radio that the appeal by the former minor, now 24, was not successful. The lay judge first entered the court for the trial in November 2010, when the defendant was still 19 years old. The defendant was sitting down, facing away from the observer seating, and toward the lay judges. During the five days of court arguments, the lay judge looked at the defendant's face and thought, "He's a child."

While noting down the statements by witnesses and by the defendant, the lay judge thought carefully about the intentions behind and the background surrounding those statements. "I listened more closely than I ever had to these people's stories," the former lay judge says.

In deliberations, the lay judges shared their opinions on what they had felt in court. The lay judge was exhausted, and thought about the case all the time even while at home, but could not tell their family about it.

The lay judge saw news reports mentioning the possibility of the death penalty, but it was not until the prosecution actually sought it in court that they really felt the weight of it. They thought time and again, "What would be best for this kid (the defendant)?"

The former lay judge thinks they had enough time and does not have any regrets. But after the death sentence was announced, they felt time and again like they would be crushed under the weight of what they had done. They felt sick from the mental pressure while going to work, and at least once had to stop and get off the train to collect themselves. While they feel the experience as a lay judge benefited them, they also think that death penalty decisions should perhaps be left to career judges.

The former lay judge read an article after the first ruling, in which a reporter had met with the defendant and he expressed regret over the killings.

"I wished he had felt regret before the killings," says the former lay judge.

While the first trial's ruling was upheld by the Supreme Court, the former lay judge still feels, "No matter how you put it, it doesn't change the fact that it was telling a stranger to die. I think I will continue to live with the feeling that I have killed someone."

 

[Ceewan]

We don't have "lay judges" in America. The Japanese judicial system is apparently unique. A " panel consists of six lay judges, chosen randomly from the public, together with three professional judges, who come together for a single trial (like an Anglo-American jury) but serve as lay judges. As with any jury or lay judge system, it places a large amount of judicial power on randomly chosen members of the public with the aim of democratizing the judicial process. In this, Japan's law states its purpose explicitly as seeking “the promotion of the public’s understanding of the judicial system and . . . their confidence in it.""

The vote of a majority of the lay judges for acquittal results in acquittal, but for conviction a majority of the lay judges must be accompanied by the vote of at least one professional judge. Lay judges are allowed to directly question the defendant during the course of the trial and decide on the sentence corresponding to the verdict.

 

[kharo88]

So I just saw this video on Japan's judicial system and wanted to share but didn't want to open a new thread so here it is:

 

[Ceewan]

Man sentenced to hang says he will search for meaning of his death: interview



SENDAI -- A 24-year-old man who was handed a death sentence for murdering two women and injuring a man said he would like to "search for the meaning of my death" until the day of his execution, during a recent interview with the Mainichi Shimbun at a detention center here.

The man, who was 18 at the time of the incident, sneaked into his ex-girlfriend's home in Ishinomaki, Miyagi Prefecture, with an accomplice in February 2010 to try to get her back. He stabbed his ex-girlfriend's 20-year-old sister and an 18-year-old friend to death, and seriously injured the sister's male friend. The Supreme Court in June this year upheld lower court rulings sentencing him to death, marking the first time that a death sentence handed down in a lay judge trial to a defendant who was a minor at the time of the crime has been finalized.

During an interview with the Mainichi at a branch of the Sendai detention house, the 24-year-old said, "I'm hoping that my death will be a constructive one. I'd like to search for the meaning of my death until the day I'm executed."

Looking back on the some six years from the incident to the Supreme Court ruling, the 24-year-old said, "While I thought about standing up on my own legs again along with those who wished for my rehabilitation, I had mixed emotions when thinking about the feelings of the bereaved families," who wanted the death sentence.

Around the time the case was being tried at the Sendai District Court in 2010, he said he desired to die, but said, "I wouldn't be able to atone for anything just by killing myself. I thought about relinquishing the idea of hurting others, and I've felt remorse over the victims and their families. I'm not going to let go of all those feelings because of the death sentence."

With regard to the Juvenile Act, which prohibits giving the death sentence to those aged under 18 and prioritizes rehabilitation, the 24-year-old said, "The way one controls their actions and emotions is different between teenagers and those in their 40s. If the feelings of the victims and their families can be set aside, that point must be given consideration." He added calmly, "Considering the feelings and anger of the bereaved families, I would grant their wishes if I was a judge. Even minors should be tried the same way (as adults)."

While the man consistently denied that the killings were premeditated, the Supreme Court ruled, "He decided that he wouldn't hesitate to kill someone who got in the way" of his attempt to win back his ex-girlfriend.

During the interview with the Mainichi, he expressed distrust of the judicial proceedings, saying, "I feel saddened by the way the ruling was handed down and the case was tried." However, he said that, once the Supreme Court had confirmed his sentence, he became more aware that there would come a day when he would be executed.

"If (capital punishment) works to deter incidents in which people are killed, that sentence may be constructive. I'd like to search for the meaning of my death so that I can die with pure feelings," he said.



Not sure how I feel about the death sentence myself. I believe that society must take responsibility for their failures as well as their successes. I have some experience with incarceration and homelessness and have seen the underbelly of society up close. I met a lot of people that did not deserve their fate and some that did. Some animals need to be put down because they cannot be trusted to act in a civilized manner and are a danger to others. Some infections must be removed from the body in order for it to heal. What this person did was pretty reprehensible and unforgivable. Does one who sentences others to death have the right to complain about a similar sentence for himself? then again is society best served by his death? Has he not some better use? tough moral dilemmas.

 

[kharo88]

Not sure how I feel about the death sentence myself. I believe that society must take responsibility for their failures as well as their successes. I have some experience with incarceration and homelessness and have seen the underbelly of society up close. I met a lot of people that did not deserve their fate and some that did. Some animals need to be put down because they cannot be trusted to act in a civilized manner and are a danger to others. Some infections must be removed from the body in order for it to heal. What this person did was pretty reprehensible and unforgivable. Does one who sentences others to death have the right to complain about a similar sentence for himself? then again is society best served by his death? Has he not some better use? tough moral dilemmas.

I think he deserves what he got. If he killed two people and injured another one at the age of 18 let's not wait for what else he may do in the future.

While the man consistently denied that the killings were premeditated...

That's bullshit. He brought a knife and a friend. He was looking for trouble.