Lay Judge System and Social Bias　−Japanese lay judge system can be free from the influence of prejudge on the mental disorders?

This paper aims to indicate a problem in Japan’s lay judge system and to suggest the importance of support for lay judges to avoid the influence of social bias in court decisions. The Japanese lay judge system was created in 2004 and it became effective in 2009, in order to “promote the citizens’ understanding of and enhance trust in the judicial system.” But after its creation, some problems of this system have become clearer. Here, we trace the case of a woman murdered by her brother who suffered from attention deficit hyperactivity disorder（ADHD）. In this case the defendant was sentenced to 20 years imprisonment over the public prosecutor’s demand by Osaka District Court with a panel of lay judges. The judgment was based on a misunderstanding by lay judges sustained with social bias toward mental disabilities and a conviction the lack of information on social welfare assistance for the people with mental disorders. This judgment indicates the necessity of more support for lay judges.departmental bulletin pape