アメリカ陪審制度の今日的意味
一日•一審理制度の意義
1990 年 1990 巻 42 号 p. 163-167,262
詳細
1990 年 1990 巻 42 号 p. 163-167,262
This paper analyzes One Day/One Trial (Jury) System in the United States. Although the cost of time and expenditure of the jury system and its impartiality have been criticized as a weakness of the jury system, some states have adapted a renovated jury system, one day/one trial system, to overcome this weakness. Under this system, by abolishing statutory excuses, jurors are randamly drawn from more sophisticated source, such as a state sensus, and the jury duty is limited to only one day or one trial. This system is used only 20% of population in the United States, but it lessens jurors' burden to serve and guarantees the representation of a "fair cross section of the conmmunity." An American experiment to convert weakness of the institution to the strong point seems to be very instructive to the Japa's (future) jury system.
