If it is truly necessary to show citizen judges the photos of the bodies of victims, professional judges will explain that to all lay-judge candidates before appointments. Judges will allow candidates to refrain from serving as lay judges if they feel anxiety about seeing such photos.
The Supreme Court has informed district courts across the country of the Tokyo court’s agreement and encouraged judges to consider the idea.
If selected to serve as lay judges, members of the public will be required to observe their duty of confidentiality. However, they should not be required to perform their duty at the sacrifice of their mental health. Judges at district courts across the nation should pay closer attention to the mental conditions of those who serve as citizen judges.
In March this year, a woman who served as a citizen judge in the trial of a robbery–murder case at the Koriyama branch of the Fukushima District Court was diagnosed with acute stress disorder after being shown the brutal photos of the victim’s body. She has since filed a lawsuit demanding state redress.
Following this case, attention has been focused on how to provide mental care to lay judges, prompting judicial authorities to consider countermeasures.
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