裁判員裁判での死刑判決が高裁で覆された。
先例との比較などについては素人の裁判員がプロの裁判官に勝てるはずもなく、そもそもの制度設計が素人感覚を取り入れるという話であったにも関わらず、裁判員の判断を裁判官が却下するというのは言語道断であり、制度への冒涜である。制度の是非は外野が行う話であり、枠組みの中で働く裁判官は、制度の趣旨に沿って働くべきではないのか。このようなコンプライアンス精神のかけらもないような裁判官については罷免すべきであるが、その辺りは三権分立の厄介な部分でもある。裁判所という組織の中で自浄作用が働くことを期待したい。
危惧されるのは、こういった事例を契機に、裁判員に対して「裁判官と同じような判決となるように」ということが求められることである。結論が同じなのであれば裁判員裁判をする理由は全くない。米国の陪審員制度においても全く理解できない判決も時にはあるが、結論に従って運用されている。取り入れるのであれば取り入れる、取り入れないのであれば取り入れない、どちらかをきちんと選ぶべきであり、日本は裁判員裁判を採用したのであるから結論は遵守すべきである。人を殺せば死刑になりうるという条文があるにも関わらず、永山基準など判例で形式的に要件を定めてきたような裁判所のやり方に対し、これを是としないということで始まったのが裁判員制度であるはずである。あまりの本末転倒ぶりに憤りを感じざるを得ない。
そもそも裁判員は拒否権がなかなか認められず、苦役として憲法違反なのではないかという声もあるほどの負担を国民に強いた上で成り立っている制度である。それを「市民の声を聞いた」という外部へのアピール目的にのみ利用し、結論は従来からプロの裁判官が行っているものを正しいとして二審以降で覆すような裁判官の考えは不遜であり、国民に対する冒涜である。
プロの裁判官が下す決断の方が常に正しいのであれば、裁判員裁判を行う必要は全くなく、そのような話は起こり得なかった。すなわち、「プロの裁判官による判断は正しくない」と審判を下されているのである。にもかかわらず、裁判員裁判の判断に対して意見を言うのは立場を全く理解していないとしかいいようがない。
そもそも裁判官に高度な人間性が備わっているという保証はない。検察でも証拠の偽造が問題になったが、司法にしろ検察にしろ、司法試験を通った後に司法修習の中で相対的に優秀な人間が進むだけのことである。優秀であることが自らを万能と誤認する形でマイナスに作用していることもあり、一石を投じるための裁判員制度に対し、「裁判員も勉強して裁判官のような判断が下せるようにせよ」とは傲岸不遜そのものであり、徹底的な糾弾をすべきである。
裁判官の中にこのようなコンプライアンス精神のかけらもなくプライドだけ高い人間がいるからこそ裁判員裁判制度が導入されたのだろう。これに負けることなく、裁判員制度における判決の独自性を維持し、世論としてプロの裁判官との戦いを続けて貰いたい。
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