英で初の陪審員抜き裁判...被告の仲間が脅す（7月1日7時15分配信 読売新聞 ウェブ魚拓）
地元報道によると、辞退の理由は、被告の仲間が陪審員や家族を脅したためと見られ、検察は陪審なしの裁判を求めていた。次回裁判では、ただ１人の裁判官が判決を決めることになる。英国では１８世紀以降、殺人、強盗などの重大な刑事事件で陪審を採用している。独自の司法制度を持つスコットランド、北アイルランドをのぞくイングランド、ウェールズ地方では０３年の法改正で、陪審員が圧力を受ける可能性がある場合、例外措置として陪審抜きで裁判が行えるようになった。今回が、初適用となる。
これまで３度の陪審裁判の経費は２４００万ポンド（約３８億６４００万円）にのぼり、多くを陪審員の警護が占める。高等法院の首席裁判官は決定を下すに当たって、「４回目を行えば、陪審員の警護などで新たに６００万ポンド（約９億７０００万円）がかかる。合理的ではない」と述べた。
陪審制度を専門とするユニバーシティ・カレッジ・ロンドンのシェリル・トーマス名誉教授は、「この程度の事件で、陪審員を守れないようでは、組織犯罪がらみの陪審審理は今後できなくなる」と指摘している。
なかなか興味深い報道です。
元のBBC Newsは、次です。
BBC 18 June 2009 First trial without jury approved
BBC Newsには、以下の文章があり、2007年7月に法改正が施行され、陪審員なしでも可能となった。そうなると、遅かれ早かれ、陪審員なしの一審は開かれることになると予想されていたはず。私も、Criminal Justice Act 2003の44条と46条を見ることも読むこともなく、勝手なことを書いておりますので、間違っているかも知れませんが。
”The new trial will be the first Crown Court case in England and Wales to be heard by a judge alone using powers under Sections 44 and 46 of the Criminal Justice Act 2003, which came into force in July 2007.”
私にとって、England and Walesは、Common Lawの見本みたいな所に思っています。それぞれ皆勝手な解釈をする。だから、楽しい。でも、それで社会は成立しているし、法は存在する。
連投を失礼します。
日本にあてはめれば何だろうと思ったのですが、松本サリン事件があったと思いました。
松本でも、東京地下鉄でも、サリンを撒いたことが、声高に言われているが、松本サリン事件は、裁判官を狙った犯行であったと理解する。
そうなると松本サリン事件は、無差別殺人ではなく、社会に対する犯罪であり、犯行の事実の究明のみに絞られてはならない。犯罪そのものも極悪で、その上に目的が裁判官の殺害にあったなら、社会として極悪犯に厳しく立ち向かうべき。（既に、これ以上できないぐらい、社会はあの時に教団にいた人達に、厳しく立ち向かっているのでしょうが、裁判官殺害の意図が忘れられいるのでは思ったものですから。）
そもそも、ここまでしてまで、特に重大な犯罪について国民が裁判に直接参加する必要あるのかって話だと思います。
国民に司法を分かりやすくするとか、裁判の長期化を防止するとか、裁判に市民感覚を取り入れるとか、他の方法で実現できるんじゃないかなあ。なんで裁判員制度なんでしょう。まあイギリスではまた考え方が違うのかも知れませんけど。
日本においては「餅は餅屋」でいいのに、と思っています。
英米では、市民一人一人が持っている常識感とか倫理感覚や道徳観念を、社会や国家に委ねて成文化したのが法律であり、その法執行の権限を国家に代行させたのが行政であり、また司法であるとするコモンロー思想の歴史が根底にある。
それ故に、裁判所とか裁判官の権限というのは、市民が元々持っている権限を委ね、代行させているに過ぎないのだから、裁判に市民が参加（陪審）するのは当然のことで、疑問にすら思わないのでしょう。
片や日本などでは、優れて賢者君子が天命を授かって民を治めるという、堯舜之道に代表される中国古来からの観念を基に孔子孟子が確立した、優れた聖人君子が無知な民を統べて治めるとする儒教思想の歴史が根底にある。
統治者は天命という絶対の価値基準を背景に、無知蒙昧の民に道を教え、導き賜う絶対の権力者であるから、民から見た統治権限は神聖にして犯すべからずの絶対的存在に映る。故に立法は政治家に、行政は官僚に、司法は法曹に、それぞれの専門家に委ねること、すなわち「餅は餅屋」の思想が当然となるのでしょう。
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