Assessing 10 years of implementation of civil participation in criminal trials

Abstract

Civil participation in criminal trials (jury trials), considered one of the great feats of judicial reform in the early 2000s, has garnered significant achievements in the last decade. This study aims to conduct a comprehensive evaluation of the jury trial system and propose suggestions for relevant policies and legislative measures. To this end, research was conducted as follows. First, the main issues were identified by analyzing the results of a perception survey, prior studies, media reports, related law amendments, etc., on the introduction and implementation of the jury trial system. Second, the operational status of criminal trials between 2008 and 2018 was ascertained using official statistics from jury trials. Third, the judgments from the first instance trial and appeals trial in jury trials were analyzed. Fourth, in-depth interviews and a survey were conducted targeting the general public, jurors, defendants, and legal experts (judges, prosecutors, and lawyers). Finally, achievements and challenges of the citizen participation system in criminal trials were derived.