The Formation of Jury Systems in both Japan and Greece, and whom could Serve on Them
In America, most court decisions are reached by a jury. In many other countries, there are either no courts, or court decisions are made by a judge. In Greece, there were originally no courts – people would settle disputes themselves, usually with bloodshed. As time passed, the Greeks developed laws and eventually a court system that was extremely similar to modern America’s. In Japan, people are expected to settle their problems without a court, to avoid embarrassment. Courts with jurors are a relatively new development for them; having had judges makes important decisions for centuries.
For about 250 years after the Dark Ages, Greece had no courts or even laws. Citizens solved disputes themselves. For example, if one man murdered another, the murdered man’s family would take it upon themselves to murder the murderer. This led to drawn out, bloody disputes. Draco the lawgiver created a system of laws that were extremely harsh and specific. Draco’s laws are the origin of the term “Draconian,” meaning unreasonably harsh. Solon, an Athenian lawmaker, took Draco’s laws and refined them, and made it so that citizens could interact with the courts. Solon only kept one of Draco’s penalties (exile for murder) and placed the upgraded laws into four basic categories:
Tort laws, for when somebody harms you or your property. There were various penalties for infractions of these laws, ranging from fines to exile.
- Family laws, which regulated the behavior of men and women. There were no penalties for these, but the head of the family was expected to enforce them.
- Public laws, which set rules for how public services were provided and how public actions should be carried out.
- Procedural laws, which told judges exactly how to carry out the law, down to the most intimate detail (“Laws of Ancient Greece”).
Cases were normally solved within a day, and any citizen could be a member of the jury. This sounds all-inclusive, but Greece had stringent requirements for citizenship: citizens had to be male, own property, and born from at least two generations of Greeks. Depending on how much land a person owned, and how wealthy they were, they had more rights than others (“Greek Law Courts”).
During the 8th Century in Japan, judges used a form of divination to determine the guilt of a suspect. Suspects had to remove a stone from a pot of boiling water. If their hand had blisters, they were guilty. If not, they were innocent. Subjects of daimyos and shoguns were encouraged to seek all other forms of settlement before coming forward to them. During the Edo period, there were inns specifically for settling litigation, called kujiyado. The inn owners were the Edo equivalent of a lawyer. Nearly all disputes they handled were over money. During the Meiji period, where there was widespread reforms of public behavior and government, Japan introduced a civil code, commercial code, and other laws that were drawn from those in France and Germany. After a huge number of law suits in the 1920’s and 30’s over money, the government passed laws that required people to seek other forms of settlement first. Japan had a jury system for 15 years (1928-1943) but those were abolished by the military government that had taken power in Japan. In the new system, a panel of three judges decided trials. Under this system, citizens had little to no say, and there was almost always a conviction. In recent years, a lay-judge system has been introduced (“Legal System in Japan: History, Judges, Lawyers, Long Trials, Convictions”).
In the lay-judge system, lay judges, who are effectively jurors, are selected from eligible voters to aid the judges in court. The panel of three judges provides guidance and help to the lay-judges, of whom there are six. The lay-judges have a responsibility to investigate and question the facts of the case, and so have more responsibility than average jurors. While there are concerns about the effectiveness of the lay-judge system, especially in regards to sentencing involving the death penalty, overall the effects of the system have been positive in Japan. Japanese citizens feel that societal walls are beginning to degrade because average people can spend weeks as equals to senior judges (Anna Watanabe).
While they both started off without a specific set of laws and courts – one deciding guilt by boiling water, the other by might – both Japan and Greece have evolved to involve their lowliest citizens. And while it’ll always be a question of which system works better, it’s already obvious that both countries were, and are, off for the better.
Works Cited
1. Sands, Earl. “Laws of Ancient Greece.” Canadian Law. 13 May 2013. http://www.canadianlawsite.ca/AncientGreek.htm
2. Carr, Karen. “Greek Law Courts.” Kidipede – History and Science for Kids. 7 Sep 2012. Portland State University. 13 May 2013. http://www.historyforkids.org/learn/greeks/government/courts.htm
3. Hays, Jeffrey. “Legal System in Japan: History, Judges, Lawyers, Long Trials, Convictions.” Facts and Details. Jan 2013. 13 May 2013. Web. http://factsanddetails.com/japan.php?itemid=807&subcatid=147
4. Watanabe, Anna. “Japan’s Lay Judge System to be Revised.” Asian Correspondent. 3 Jun 2012. 13 May 2013. Web. http://asiancorrespondent.com/83631/japans-lay-judge-system-to-be-revised/
1. Sands, Earl. “Laws of Ancient Greece.” Canadian Law. 13 May 2013. http://www.canadianlawsite.ca/AncientGreek.htm
2. Carr, Karen. “Greek Law Courts.” Kidipede – History and Science for Kids. 7 Sep 2012. Portland State University. 13 May 2013. http://www.historyforkids.org/learn/greeks/government/courts.htm
3. Hays, Jeffrey. “Legal System in Japan: History, Judges, Lawyers, Long Trials, Convictions.” Facts and Details. Jan 2013. 13 May 2013. Web. http://factsanddetails.com/japan.php?itemid=807&subcatid=147
4. Watanabe, Anna. “Japan’s Lay Judge System to be Revised.” Asian Correspondent. 3 Jun 2012. 13 May 2013. Web. http://asiancorrespondent.com/83631/japans-lay-judge-system-to-be-revised/