Democracy Inaction: Governmental Justification for Capital Punishment During the De Facto Moratorium Periods (2009–2010 and 2010–2012)

Abstract

Focusing on the two recent de facto moratorium periods, the author examines the public and governmental discourse on the death penalty during these eras. The chapter investigates the newly introduced saiban-in seido (quasi-jury system) and critically assesses the validity of ‘wide support’ of this system by the general public and lay assessors. Identifying the emerging issue of lay assessors’ feelings of guilt in lending a hand to state killing, the author reassesses the legitimacy of governmental use of the death penalty in Japan. The chapter investigates the extent to which the newly introduced saiban-in seido was strategically used to underscore the government’s position on capital punishment.