Journal article

Shifting communication practices in Japanese courtrooms

Ikuko Nakane

Melbourne Asia Review | Asia Institute, University of Melbourne | Published : 2020

Abstract

Japanese criminal trials have shifted towards a more adversarial orientation following major law reform implemented over the past 20 years. Lawyers have had to adapt to the new context of professional communication with lay judges, who sit with professional judges in some trials rather than taking the role of citizen juries. For the defence and prosecution, a need to ‘win the battle’ with convincing courtroom performance and communication strategies have posed challenges, while judges still have the power to take an investigative stance to pursue the truth. This article explores how the shift towards an adversarial orientation manifests itself in the courtroom, and discusses the dilemma over..

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University of Melbourne Researchers