The Participation Paradox: Reluctant Citizens, Satisfied Jurors, and the Boundary Conditions of Procedural Justice in Japan’s Saiban-in (Lay Judge) System

Why do lay judges report near-universal post-participation satisfaction (97%) despite substantial pre-participation reluctance (42%)? Using three datasets—nationally representative surveys (JGSS), a near-census participant survey (N = 5,048), and a comparative internet survey—we identify a Participation Paradox comprising three anomalies: high institutional trust coexisting with reluctance; pre-participation reluctance essentially unrelated to satisfaction; and experienced participants showing lower institutional trust (d = −0.51) while maintaining equivalent fairness perceptions—termed informed skepticism. Process quality, not outcomes, drives satisfaction; fairness effects on legitimacy are almost fully mediated (95.4%), consistent with Tyler’s framework. Taiwan’s contrasting trust trajectory identifies institutional maturity as a key moderator. We further propose distinguishing allocatability (distribution of legal costs) from responsibility-taking (first-person decision undertaking) as a conceptual scaffold for theorizing judgment acceptance—the tendency to accept specific decisions reached through fair processes independently of generalized institutional trust.

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Publication Details

Journal
CrimRxiv
Published
2026-09-21
DOI
https://doi.org/10.21428/cb6ab371.3e830e70
Primary Topic
Jury Decision Making Processes
Type
preprint
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The Participation Paradox: Reluctant Citizens, Satisfied Jurors, and the Boundary Conditions of Procedural Justice in Japan’s Saiban-in (Lay Judge) System

Masahiro Fujita
CrimRxiv
Jury Decision Making Processes
preprint

The Participation Paradox: Reluctant Citizens, Satisfied Jurors, and the Boundary Conditions of Procedural Justice in Japan’s Saiban-in (Lay Judge) System

Masahiro Fujita
preprint en

Abstract

Why do lay judges report near-universal post-participation satisfaction (97%) despite substantial pre-participation reluctance (42%)? Using three datasets—nationally representative surveys (JGSS), a near-census participant survey (N = 5,048), and a comparative internet survey—we identify a Participation Paradox comprising three anomalies: high institutional trust coexisting with reluctance; pre-participation reluctance essentially unrelated to satisfaction; and experienced participants showing lower institutional trust (d = −0.51) while maintaining equivalent fairness perceptions—termed informed skepticism. Process quality, not outcomes, drives satisfaction; fairness effects on legitimacy are almost fully mediated (95.4%), consistent with Tyler’s framework. Taiwan’s contrasting trust trajectory identifies institutional maturity as a key moderator. We further propose distinguishing allocatability (distribution of legal costs) from responsibility-taking (first-person decision undertaking) as a conceptual scaffold for theorizing judgment acceptance—the tendency to accept specific decisions reached through fair processes independently of generalized institutional trust.

CrimRxiv
Kansai University (JP)
Peace, Justice and strong institutions
Jury Decision Making Processes
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The Participation Paradox: Reluctant Citizens, Satisfied Jurors, and the Boundary Conditions of Procedural Justice in Japan’s Saiban-in (Lay Judge) System — Masahiro Fujita · CrimRxiv (2026) | TGRS Research Map | TGRS