ID :
96047
Mon, 12/21/2009 - 07:53
Auther :

Lay judge trial sentences on average reflect 79% of prosecutors' demands+

TOKYO, Dec. 20 Kyodo - Prison terms without suspension handed down in lay judge trials this year conformed on average to 79 percent of prosecutors' demands, a level considered ''standard'' in judge-only trials, a tally collated by Kyodo News showed
Sunday.

But despite the average, an erratic pattern was seen in the sentences, with 20
of the 110 defendants who were imprisoned receiving a term of a duration
equivalent to 90 percent or more of that demanded by prosecutors, while six
were sentenced to terms equivalent to 50 percent or less.
Prison terms issued in judge-only trials are generally of a duration equivalent
to around 70 to 80 percent of prosecutors' demands.
Meanwhile, officials at 17 district courts intervened 21 times when lay judges
were questioned at press conferences after delivering verdicts, according to
the tally.
Lay judge trials, which commenced in Japan in August, concluded for the year on
Friday, having convicted all 142 defendants in 138 cases at 50 district courts.
Of the defendants who were received prison sentences without suspension, one
was sentenced to life imprisonment, 12 received prison terms of 15 years or
more, eight of between 10 years and less than 15 years, and 72 of between five
years and less than 10 years.
One juvenile defendant was given an indeterminate sentence of between five
years and less than 10 years, and 16 others received prison terms of less than
five years.
In terms of prosecutors' demands, seven defendants were given sentences as
demanded by prosecutors, 13 received sentences of a duration equivalent to
90-99 percent of the prosecutors' demands, 41 received terms equivalent to
80-89 percent of prosecutors' demands, 25 received sentences equivalent to
70-79 percent and 18 received sentences equivalent to 60-69 percent.
Five received prison terms of a duration equivalent to half that demanded by
prosecutors and the lowest level of conformity with prosecutors' demands was 38
percent.
At least 28 of the defendants have appealed their sentences to higher courts,
while prosecutors have not appealed any of the cases.
==Kyodo

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