MARINE CORPS AIR STATION IWAKUNI, Japan -- "You can't handle the truth!," screamed Jack Nicholson as the famed fictional character, Marine Corps Col. Nathan R. Jessep in "A Few Good Men."
Outside of Hollywood, the American justice system is a part of America unbeknownst to many Japanese. For this reason, the Station Judge Advocate here holds mock trials generally four times a year to give Japanese prosecutors and future attorneys a chance to see the American justice system up close and personal and not just on a television screen.
A group of such individuals were invited, Oct. 13, to participate in a mock trial. The Japanese prosecutors and future lawyers both watched the courtroom procedures and participated in the jury for a special court martial.
The office of the Station Judge Advocate has hosted mock trials for our Japanese counterparts for approximately 15 years, according to Lt. Col. Charles W. Stubbs, Station Judge Advocate and native of Wheatland, Okla. The relevance of the mock trial is important to these Japanese attorneys because in a few years, the Japanese legal system will more closely resemble the American judicial system than does is today.
"Our goal has been to increase the level of understanding of the military justice system among our Japanese counterparts," said Stubbs. "The Japanese are migrating to a jury system similar to ours and our mock trials give them the opportunity to participate in the experience and ask questions to Marine Judge Advocates who are experienced in the jury system. The Japanese jury system will be in effect by 2009."
The accused Marine involved in the mock trial, Pfc. Allan R. Stover, a military justice clerk, was charged with Article 86, unauthorized absence, and Article 112a, use of a controlled substance. Stover plead guilty and was found guilty. His sentence was derived by members of the jury, which were made up of the Japanese prosecutors. Subsequently, the jury confined him for six months, forfeiture of two-thirds pay and a bad-conduct discharge.
"It was a nerve racking experience knowing your fate is depended upon other individuals," said Stover, native of Elkton, Md. "I am glad it wasn't a real court-martial. I can only imagine what the pressure would feel like sitting next to a defense counsel, awaiting a real sentence."
"While both courts administer justice, the Japanese system does not currently utilize jury members," said Stubbs. "While this is only one example, it probably provides the starkest contrast between the two systems."
After the mock trial ended, the Japanese prosecutors left Iwakuni with a little more knowledge of how the American military justice system works.
"Hopefully, we will have a positive impact upon our Japanese colleagues as they transition to a jury system," said Stubbs. "We've been able to provoke some thoughts as to some of the issues they may encounter as they complete the transition."