The Constitutionality of the Death Penalty and Methods of Execution, and Citizen Participation in Death Penalty Trials

Abstract

In Japan, the saiban-in (lay judge) trial system, one of the citizens’ participation systems in criminal trial proceedings, was introduced in May 2009. Prior to the introduction of this system, only professional judges who were appointed to their positions voluntarily made the decision whether or not to sentence a defendant to capital punishment for a heinous crime in a criminal trial. However, since the introduction of the system, lay judges, who are randomly selected from the public, have been required to make such decisions together with professional judges.

In this paper, I would like to review how the Supreme Court of Japan has ruled on the constitutionality of the capital punishment, and then discuss a case, in which the opinions of lay judges were heard by professional judges on whether the capital punishment is constitutional or not.