Victim Participation System and Role of Victim Lawyers

  • Slides: 24
Download presentation
Victim Participation System and Role of Victim Lawyers in Japan March 11, 2021 Japan

Victim Participation System and Role of Victim Lawyers in Japan March 11, 2021 Japan Federation of Bar Associations Committee of Support For Crime Victims Akiko Mochizuki, Attorney-at-Law

History of Victim Support in Japan 1980 National Compensation System for Crime Victims 1999

History of Victim Support in Japan 1980 National Compensation System for Crime Victims 1999 Crime Victim Committee in Japan Federation of Bar Associations ( JFBA) ↑ us! Crime Victims Support Network (nonprofit organization) 2000 Crime Victim Protection Law National Association of Crime Victims and Surviving Families (nonprofit) 2001 Compensation System ー improved 2004 Basic Act on Crime Victims 2005 Primary Master Plan for Crime Victims 2008 Victim Participation System 2011 Second Master Plan for Crime Victims 2016 Third Master Plan for Crime Victims Present Fourth Master Plan for Crime Victims

Judge Prosecutor Defense Counsel Court Clerk Victim Participant Defendant Victim Participant’s Attorney Audience

Judge Prosecutor Defense Counsel Court Clerk Victim Participant Defendant Victim Participant’s Attorney Audience

Victims can participate in the following trials: ① Homicide (excluding murder due to negligence)

Victims can participate in the following trials: ① Homicide (excluding murder due to negligence) and Intentional injury ② Rape, forcible indecency ③ Illegal arrest and confinement ④ Kidnapping or abduction, human trafficking ⑤ Negligent driving causing death or injury ⑥ Attempted crimes of ① through ④ above Who can participate: victim, spouse, direct family members, siblings Need court’s permission

1 Attending the trial Victim attends the court on trial day. Victim sits next

1 Attending the trial Victim attends the court on trial day. Victim sits next to the public prosecutor. Court needs to consider Victim’s schedule to arrange trial dates. Court Clerk Victim Participant Defense Counsel

2 Stating opinions to Prosecutor Victim may express their opinion to the Public Prosecutor

2 Stating opinions to Prosecutor Victim may express their opinion to the Public Prosecutor about the Prosecutor’s discretionary authority: evidence examination request closing statement sentencing recommendation Prosecutor must explain why they choose to exercise or not (fully) exercise their authority mandated by law

3. Asking witness questions Witness : I will supervise him and never let him

3. Asking witness questions Witness : I will supervise him and never let him commit a crime again Victim Participant: How? He committed a crime while living with you and you didn’t even notice. Please explain specific plans to prevent future crimes.

4. Asking defendant questions Victim may ask defendant questions to prepare for their statement

4. Asking defendant questions Victim may ask defendant questions to prepare for their statement on finding of facts, and application of law To defendant, victim is allowed to ask not only about the mitigating circumstance but also about facts if needed

Making a statement Prosecutor We prosecute the accused for injury. Victim/ Bereaved family ×

Making a statement Prosecutor We prosecute the accused for injury. Victim/ Bereaved family × It was an attempted murder. We demand 5 years in prison. I demand 10 years in prison. I demand the defendant in prison for as long as possible.

Judge Victim participant Prosecutor Defense Counsel Court Clerk Victim Participant Defendant Victim Participant’s Attorney

Judge Victim participant Prosecutor Defense Counsel Court Clerk Victim Participant Defendant Victim Participant’s Attorney Audience

Judge Victim participant Prosecutor Defense Counsel Court Clerk Defendant Victim Participant’s Attorney Audience

Judge Victim participant Prosecutor Defense Counsel Court Clerk Defendant Victim Participant’s Attorney Audience

Financial support for victim participants Victim participants may receive court-appointed attorney’s service if their

Financial support for victim participants Victim participants may receive court-appointed attorney’s service if their financial resources are less than ¥ 2 million. Defendants have no choice of who would be their court-appointed attorney. Victims can nominate a specific attorney if the victim and the attorney so agree. Victims are paid transportation and accommodation expenses and daily allowance (¥ 1, 700/day) by the government.

Crime Victim Support by Lawyer - Criminal Procedure Occurrence of the Crime Legal consultation

Crime Victim Support by Lawyer - Criminal Procedure Occurrence of the Crime Legal consultation Filing damage report Investigation, Interrogation Dealing with the media Accompanying victim during interviews Prosecution Committee for the Inquest of Prosecution Trial Support victim when: examined as a witness delivering a statement of feelings Judgement (Sentencing) Prison/Jail Information of the offender prison location release date

Lack of Financial Support Occurrence of the Crime Legal Consultation Filing damage report Investigation,

Lack of Financial Support Occurrence of the Crime Legal Consultation Filing damage report Investigation, Interrogation Dealing with the media Accompanying victim during interviews Prosecution Committee for the Inquest of Prosecution Trial Victim participation Court-appointed attorney Support victim when: examined as a witness delivering a statement of feelings Judgement (Sentencing) Prison/Jail Information of offender prison location release date No Official Financial Support

Lack of Financial Support Occurrence of the Crime Legal Consultation Filing damage report Investigation,

Lack of Financial Support Occurrence of the Crime Legal Consultation Filing damage report Investigation, Interrogation Dealing with the media Accompanying victim during interviews Prosecution Committee for the Inquest of Prosecution Trial Victim participation $1.6 Court-appointed attorney 5 million in 2019 Support victim when: examined as a witness delivering a statement of feelings Judgement (Sentencing) Prison/Jail JFBA Supports Since 2007 Information of offender Asking victim’s opinion upon parole consideration Released from Prison/Jail Communicating victim’s sentiments to offender Victims with less than ¥ 3 million

Financial Support from Government and JFBA in 2019 Government Financial Support JFBA Financial Support

Financial Support from Government and JFBA in 2019 Government Financial Support JFBA Financial Support $1. 10 million $1. 65 million

Table 1: Victim Participation in Disrict Courts, 2009 -2019 1600 1400 1380 1485 1466

Table 1: Victim Participation in Disrict Courts, 2009 -2019 1600 1400 1380 1485 1466 1377 1297 1227 1200 1000 902 839 800 600 560 400 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019

Table 2: Attorneys for Victim Participants 1600 Victim Participants 1400 1380 1227 1200 1000

Table 2: Attorneys for Victim Participants 1600 Victim Participants 1400 1380 1227 1200 1000 902 1081 951 1102 1184 1157 1060 x 3 Victim Participant’s 873 839 1466 1377 1297 1000 1485 800 632 600 560 677 580 557 533 649 602 552 462 400 410 367 272 200 Court-appointed Attorneys 324 275 131 0 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 x 4. 5

Table 3: Attorneys supporting victims with JFBA’s financial support (outside of Victim Participation) 1800

Table 3: Attorneys supporting victims with JFBA’s financial support (outside of Victim Participation) 1800 1625 1600 Number of attorneys who supported crime victims using JFBA financial support 1107 1400 1200 1000 628 600 1319 Court-appointed Attorneys 649 657 515 410 378 400 272 0 1305 1470 895 800 200 1444 1645 533 552 2016 2017 602 324 131 126 2007 275 462 580 2008 2009 2010 2011 2012 2013 2014 2015 2018 2019

Victims had been treated as pieces of evidence

Victims had been treated as pieces of evidence

Isamu Okamura Representative organizer, National Association of Crime Victims and Surviving Families Lawyer. Wife

Isamu Okamura Representative organizer, National Association of Crime Victims and Surviving Families Lawyer. Wife was murdered

Table 4 Attorney paid with JFBA financial support 1800 1600 1400 Victim participants 1200

Table 4 Attorney paid with JFBA financial support 1800 1600 1400 Victim participants 1200 Victim participants’ Attorneys 1000 800 600 Court-appointed Attorneys 400 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019

! Attorney’s support for all victims

! Attorney’s support for all victims

Thank you very much!!

Thank you very much!!