MARINE CORPS AIR STATION IWAKUNI, Japan -- The Station Judge Advocate held a mock trial on March 2 at Marine Corps Air Station Iwakuni.
A group of 21 lawyers and interns from the Hiroshima Prosecutor's Office were invited to witness the procedures for a military special court martial and increase already good relations between the legal communities.
The Marine involved in the mock trial was charged with 243 days of unauthorized absence and had tested positive for cocaine in a drug test.
One of the differences between the Japanese and United States court system is the jury or court martial panel as referred to in the military.
According to Fumiaki Ooshiro, legal intern, there are other differences between the court system he is accustomed to and what he witnessed.
"In Japan prosecutors and the counsel normally face each other," said Ooshiro, as one example.
According to Lt. Col. Charlie Stubbs, Station judge advocate "Currently, Japan has no jury system. Judges determine both the facts and the sentence in the Japanese system. Japan is now investigating how the member/jury system works."
Stubbs added, "We are providing a demonstration to our Japanese colleagues about our military justice system while hopefully giving them some ideas and insights into the jury system. Also, in Japanese court the accused is not given the opportunity to talk with his representative during the trial because they are physically separated. The accused is segregated away from the prosecutor, council and judge."
The current Japanese court system can take several months before a finding of guilty or innocent and/or a sentence is determined.
"In a military trial, we usually continue with the trial until we are completely done," said Stubbs. "However, in a Japanese court room there are many sessions. Only for special reasons will we stop a trial midstream."
"In Japanese court, with all the breaks in between each session, four months can pass before a decision is rendered. But if we perform the trial, it will take a day or so before a decision is made," added Stubbs.
The interns sat through the mock trial and at the end were asked to decide on an appropriate sentence for the Marine's crimes. From the group of nine members, only six concurring votes were needed for a sentence to be given. After approximately three rounds of discussion, the accused was given a sentence of reduction to E-1, eight months in confinement, and two-thirds pay deduction for those eight months.
"Japanese interns are invited here approximately four times a year," said Stubbs. "Events like this provide an excellent opportunity for us to exchange ideas with the Japanese community."