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Full-Text Articles in Law
Four Models Of Jury Democracy, Jeffrey Abramson
Four Models Of Jury Democracy, Jeffrey Abramson
Chicago-Kent Law Review
This article proposes a theory of “representative deliberation” to describe the democratic ideal that jurors seek to practice. Given its long history, the jury does not fit neatly into any one of the most familiar types of democracy, such as direct democracy, representative democracy, or deliberative democracy. However, the jury does hold together elements of all of these theories. In line with direct democracy, we select jurors from the people-at-large. In line with representative democracy, we seek to draw jurors from a representative cross-section of the community. In line with deliberative democracy, jurors talk as well as vote and seek …
Japan's Quasi-Jury And Grand Jury Systems As Deliberative Agents Of Social Change: De-Colonial Strategies And Deliberative Participatory Democracy, Hiroshi Fukurai
Japan's Quasi-Jury And Grand Jury Systems As Deliberative Agents Of Social Change: De-Colonial Strategies And Deliberative Participatory Democracy, Hiroshi Fukurai
Chicago-Kent Law Review
Direct participatory democracy touches Japan anew in its current attempt to reform and reconstruct the criminal justice system through the introduction of two tiered systems of quasi-jury (saiban-in) and grand jury (kensatsu shinsakai) institutions. Not only did the twin systems of lay deliberation help create an effective and investigative mechanism against the corporate predation and governmental abuse of power, they also allowed the prosecution of military crimes committed by U.S. Armed Forces personnel and their families stationed in Japan. My paper then examines the historical evolution of these newly established lay justice institutions, exploring the increasing adoption of lay forms …