Differences in Decision Making Processes in the Lay Judge System

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  • 裁判員参加意向を規定する要因および意思決定プロセスの差異
  • 裁判員参加意向を規定する要因および意思決定プロセスの差異 : 制度施行前後の比較
  • サイバンイン サンカ イコウ オ キテイ スル ヨウイン オヨビ イシ ケッテイ プロセス ノ サイ : セイド シコウ ゼンゴ ノ ヒカク
  • 制度施行前後の比較
  • A Comparison of Citizens in 2007 and 2012

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This study examined the relationship between the amount of legal knowledge, knowl-<br>edge of the lay judge system, cognitive factors (i.e., perceived risk to one’s life, perceived<br>cost to act as a saiban-in “lay judge,” perceived benefit to act as a saiban-in), emotions<br> (anxiety, stress, and anticipated regret), and behaviors (i.e., intentions and requests to<br> act as a saiban-in) in the lay judge system. First, we surveyed a sample of 307 citizens<br>in 2007 and 700 citizens in 2012, and compared the decision-making processes in these<br>two years using structural equation modeling. The results indicated that the effect of<br>perceived benefit to act as a saiban-in on intentions was weaker in 2012 than 2007.<br>In contrast, the effect of perceived cost was stronger in 2012 than in 2007. This may<br> explain why the intention to act as a saiban-in was low in 2012, despite the greater<br> knowledge of saiban-in processes in 2012 than in 2007. Second, the groups in 2012 were<br> (1) males with a decision-making style defined by low responsibility scores, (2) males<br>with high responsibility scores, (3) females with low scores, and (4) females with high<br>scores. We examined the decision-making processes among the groups. For all groups,<br>there was a cognitive process that perceived risk to one’s life affected intentions to act<br>as a saiban-in, mediated by the perceived cost to act as a saiban-in. However, emo-<br>tional process differed among groups. Therefore, in order to increase intentions to act<br> a saiban-in, it is necessary to provide information that draws on individual differences<br>(e.g., gender, decision-making style), particularly including emotional content.


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