ANU opens export market: training Japanese lawyers

ANU is pioneering the development of a new educational export  - training Japanese lawyers and policy makers in the arts of trial by jury.

The Japanese Government has flagged the introduction of controversial reforms to reintroduce a form of jury trial for the first time since World War II. At present, trials are purely judged by the judiciary, and senior legal officials from Japan have turned to the ANU Law Faculty for insight into juries.

“The ANU has been ranked the 49th best university in the world and our Law Faculty is internationally renowned,” Dean of Law Professor Michael Coper said.

“We have had two prosecutors from the Tokyo Ministry of Justice visiting the Faculty and have been able to provide a useful introduction to methods of dealing with juries.

“We have been able to provide not just conceptual and expert insight, but also have taken the lawyers to courts, tribunals and police stations in Australia.

“Mr Hugh Selby and Mr Graeme Blank from the ANU Legal workshop also introduced the visiting prosecutors to the style of advocacy training available to lawyers at ANU.

“This program has great potential for expansion if the Japanese Government pushes ahead with its plans to reintroduce juries into their legal system.”

Mr Kent Anderson, a Japanese Law expert at the Faculty, and Mr Mark Nolan, trained in social psychology and law, have been researching the implications of current Japanese reform proposals.

“The fate of the new system lies in the hands of policy makers who will fashion the final details such as panel composition, voting rules, and decision-making procedures,” Mr Nolan said.
 
“The Japanese Government has sponsored a wide variety of judicial reforms over the past five years that are requiring lawyers, judges and citizens alike to change the way they use and think about Japan’s legal system and culture.

“A better relationship between lawyers and citizens can be established by training Japanese lawyers in the skills of trial advocacy demanded in Australian courts.

“Japan’s move to introduce a system of mixed juries where groups of judges and citizens who deliberate on both verdict and sentence collectively is controversial and represents a major change in Japanese legal process.  

“The combination of further research on mixed juries and advocacy training at ANU may benefit not only Japan but any legal system that uses mixed tribunals of lawyers and community members for legal decision-making.” 

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