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Welcome to Hiroshi Fukurai's Homepage

Professor of Sociology & Legal Studies

1156 High Street,

College Eight,

University of California, Santa Cruz,

Santa Cruz, CA 95064 U.S.A.

Office: 337 College Eight

Phone: 831-459-2971 (office) 831-3518 (fax)

E-mail: hfukurai@ucsc.edu

Back to UCSC Sociology

Henoko, Okinawa -- Projected U.S. Marine Airfield Site & a Group of Japanese Protesters

U.S. Military Bases in Okinawa & Pictures of Helicopter Crash at Okinawa International University

Profile

Hiroshi Fukurai is Professor of Legal Studies and Sociology at the University of California, Santa Cruz. His speciality includes world jury systems, race and law, indigenous approach to international law, and quantitative analysis. His current research explores the potential utility of lay adjudication in an effort to create an effective deterrent and investigative mechanism against governmental abuse of power.

His numerous articles and op-ed pieces reflect his research on the importance of lay adjudication. In the U.S., his research calls for the enhancement of the civil function of the grand jury at the federal jurisdiction level in order to promote civic investigations of unethical and possibly criminal misconduct of the U.S. government and its officials ("Dick Cheney's Indictment Signals Need for a Federal Civil Grand Jury" in UCSC/News & Events, 2008; and "The Proposal to Establish the System of the Federal Civil Grand Jury in America" at the 2008 LSA Conference).

Outside the U.S., his research calls for the establishment of the jury and other lay participatory systems in Asia, Africa, and Central/South America (“Is Mexico Ready for a Jury Trial? Comparative Analysis of Lay Justice Systems in Mexico, the U.S., Japan, New Zealand, South Korea, and Ireland" in Mexican Law Journal (2010); "The Rebirth of Japan's Petit Quasi-jury and Grand Jury Systems" in Cornell International Law Journal (2008); “Civic Participatory Systems in China and Japan” in the Special Issue of the International Journal of Law, Crime, and Justice (2011, coauthored with Zhuoyu Wang); and "Saiban-in Seido (Lay Assessor's System), Kensatsu Shinsakai (Prosecutorial Review Commission (PRC)), Okinawa's Quest for Self-Determination and Political Sovereignty" in Okinawan Journal of American Studies (2009)). At present, he is examining lay adjudication of military crimes in Japan, Korea, and other nation-states with substantial military installations (“People’s Panels v. Imperial Hegemony” in Asian-Pacific Law and Policy Journal (2010, forthcoming); “Deterrence against military crimes in Okinawa, Japan” in Okinawa Times (June 3, 2010); “Lay adjudication of military crimes” in Mainichi Shimbun (June 25, 2010); and “Jury Trial of U.S. Soldier in Okinawa” in Korea Herald (June 8, 2010)).

His four books are indicative of his commitment to adjudicative justice and equality in law; Race in the Jury Box: Affirmative Action in Jury Selection (2003), Anatomy of the McMartin Child Molestation Case (2001), Race and the Jury: Racial Disenfranchisement and the Search for Justice (1993, Gustavus Meyers Human Rights Award), and Common Destiny: Japan and the U.S. in the Global Age (1990).

His scholarly work on civic legal participation and its democratizing effects has been deeply affected by his long-time engagement as a jury consultant in evaluating racial and class compositions of lay participants in American courts. His multidisciplinary and collaborative research was further inspired by American and international colleagues in the Law and Society Association (LSA), especially in two Collaborative Research Networks (CRN) of “Lay Participation in Legal Decision Making” and “East Asian Law and Society.”

He was voted into the prestigeous LSA Board of Trustee in 2010. He served on the LSA editorial board for the Law and Society Review, helped co-organize the East Asian Law and Society CRN, and was one of three organizers to hold the Inaugural East Asian Law and Society Conference in Hong Kong in February 2010, in which nearly 160 participants gathered from the U.S., Japan, Korea, China, Taiwan, Malaysia, Australia, Canada, Iran, England, Germany, and other nations in the world. He is currently serving as a co-editor of two edited book volumes and two special issues of law and criminology journals in the publication of papers presented at the Hong Kong Conference. He is also one of key organizers of the Second East Asian Law and Society Conference in Seoul, South Korea in September-October 2011

Most Recent Interview on Fukushima Daiichi Nuclear Power Plant

KPFA in Berkeley, April 21, 2011

Research Areas

Click for C.V.

Current Research Interests

Global Jury Project -- Multi-national Surveys of College/University Students on Lay Participation and Deliberative Democracy
- Japan, South Korea, the U.S., Mexico, Ireland, New Zealand
Japan's Twin Systems of Lay Participation
- Saiban-in Seido (Lay Assessor or Quasi-Jury) System
- New Kensatsu Shinsakai (New Prosecutorial Reveiw Commission (PRC) or Japan's New Grand Jury System).
Korea's All-Citizen Jury System
- English translation of Korea's 2007 Jury Act (Act No. 8495, June 2007) is available here.
- Information is provided by Professor Jae-Hyup Lee of Seoul National University, School of Law
Lay Judge Trial of Military Personnel and Dependents
- Okinawa, Japan, concerning both American military and Japanese self-defense personnel
  - Research Collaboration with the International Institute for Okinawan Studies at the University of the Ryukyu, Okinawa, Japan
- South Korea's jury trial and jury reforms in 2013 to eliminate optional jury adjudication for certain heinous crimes
- Lay participation as deterrent to future military crimes
- Possible revision of the Status of Forces Agreement (SOFA) in Japan & South Korea, concerning the immunity and the unilateral imposition of extraterritorial rights given to military personnel
Mexico's Attempt to Re-Introduce Jury Trial
- 2008 Federal Judicial Reform with the introduction of basic criminal justice concepts except jury trials
  - Adversarial proceeding, presumption of innocence, burden of proof, reasonable doubt standards, oral and open proceeding.
  - Re-introduciton of jury trial as part of judicial reform proposals under the Merida Initiative (or Plan Mexico)

Class Schedule:

2012-2013 (Tentative)

Fall

Sociology & Legal Studies 128I "Race and Law "

Winter

Sociology (tentative) "American Nuclear Disasters in Fukushima" (Graduate Seminar)

Sociology 103A "Statistical Methods "

Spring

Sociology & Legal Studies 128M "International Law and Global Justice"

Sociology "Covariance Structural Anlaysis" (Graduate Seminar)

2011-2012

Fall

Sociology & Legal Studies 128I "Race and Law "

Sociology 204 "Quantitative Analysis" (Graduate Seminar)

Winter

Sociology & Legal Studies 128J "Law & Politics in Japan and East Asia"

Spring

Sociology & Legal Studies128M "International Law and Global Justice"

List of Courses Taught

Undergraduate	International Law & Global Justice
	Race & Law (Previously Race & Justice)
	Juries and Racism
	Sociology of Law
	Law, Crime, & Justice
	Race and the Justice System
	The World Jury on Trial
	Computers & Society
	Laws & Politics in Contemporary Japan and East Asia
	Comon Destiny for Japan and the U.S.
	Statistical Methods
	Advanced Survey Research
Graduate	Fukushima Nuclear Disaster and the Future of Nuclear Programs in Japan & East Asia
	International Law, Colonialism, & Global Justice
	Race, Crime, Law & Justice
	Global Lay Justice Systems
	Quantitative Analysis
	LISREL: The Covariance Structural Model
	Measurements of Sociological Parameters
	Experimental Design and Scaling

Selected Publications

BOOK & SPECIAL JOURNALISSUES :

BOOK:

Race in the Jury Box: Affirmative Action in Jury Selection , 2003, SUNY Press (with Richard Krooth).
Anatomy of the McMartin Child Molestation Case. 2001, University Press of America (with Edgar W. Butler, Jo-Ellan Huebner-Dimitrius, Richard Krooth), translated into Japanese in 2004 by the Japanese Society for Law and Psychology Library (Makuma-chin Saiban no Shinso, Kitaoji Shobo, eds. by Hideo Niwayama & Kaoru Kurusawa).
Race and the Jury: Racial Disenfranchisement and the Search for Justice. 1993, Plenum Publishing Corporation (with Edgar W. Butler and Richard Krooth), won the 1994 Human Rights Book Award by Gustavus Myers Center for the Study of Bigotry and Human Rights in North America.
Common Destiny: Japan and the United States in the Global Age. 1990, McFarland & Company, Inc. (with Richard Krooth).

SPECIAL JOURNAL ISSUES :

The Resurgence of Lay Adjudicatory Systems, of America, Asian-Pacific Law and Policy Journal, University of Hawaii, William S. Richardson School of Law (Volume 12, Issue 1, 2010) (with Kay-Wah Chan & Setsuo Miyazawa).
Introduction to the Special Issue: The Future of Lay Adjudication and Theorizing Today's Resurgence of Civic and Legal Participatory Systems in East and Central Asia, International Journal of Law, Crime, and Justice (Volume 38, Number 4, December 2010) (with Setsuo Miyazawa & Kay-Wah Chan).

MONOGRAPHS:

Migration to Baja California: 1900-1980. Center for Inter-American and Border Studies, Border Issues and Public Policy, No 26, 1987 (with Edgar W. Butler, James B. Pick, and Suhas Pavgi).

ARTICLES:

In Press, The Irony of Ironies for Japan's Memory on Human Disasters and Nuclear Experiences, in the Special Issue of Chicago Quarterly Review, 2011.
Japan's Quasi-Jury and Grand Jury Systems as Deliberative Agents of Social Change: De-Colonial Strategies and Deliberative Participatory Democracy, Chicago-Kent Law Review, 2011, forthcoming.
Japan's Prosecutorial Review Commissions: Lay Oversight of the Government's Discretion of Prosecution, University of Pennsylvania East Asia Law Review , 2011, 6: 1-42.
The Establishment of All-Citizen Juries as a Key Component of Mexico’s Judicial Reform: Cross-National Analyses of Lay Judge Participation and the Search for Mexico’s Judicial Sovereignty, Texas Hispanic Journal of Law and Policy,2010, 16: 52- 100 (with Richard Krooth)

Impact of the Popular Legal Participation on Forced Confessions and Wrongful Convictions in Japan’s Bureaucratic Courtroom: A Cross-National Analysis in the U.S. and Japan, U.S.-China Law Review, 2010, 38: 198-125 (with Kaoru Kurosawa)

The Resurgence of Lay Adjudicatory Systems in East Asia, Asian-Pacific Law and Policy Journal, 12: i-xi, 2011 (with Kay-Wah Chan and Setsuo Miyazawa)

People’s Panel v. Imperial Hegemony: Japan’s Twin Lay Justice Systems and the Future of American Military Bases in Japan and South Korea, Asian-Pacific Law and Policy Journal, 2011, 12: 95-142.

Introduction to the Special Issue: The Future of Lay Adjudication and Theorizing Today's Resurgence of Civic, Legal Participatory Systems in East and Central Asia , International Journal of Law, Crime, and Justice, 2011, 38: 141-148 (with Setsuo Miyazawa and Kay-Wah Chan)
Popular Legal Participation in China and Japan, International Journal of Law, Crime, and Justice, 2011, 38: 236-260 (with Zhuoyu Wang)
What Brings People to the Courtroom? Comparative Analysis of People's Willingness to Serve as Jurors in Japan and the U.S., International Journal of Law, Crime, and Justice, 2011, 38: 236-260 (with Zhuoyu Wang)

Jury Trial of U.S. Soldier in Okinawa, Editorial, Korea Herald, June 8, 2010

World is Watching First Lay Assessor Trial of American Soldier in Okinawa (Sekai ga chumokushita Okinawa beihei saiban), Mainichi Shimbun (Mainichi Daily News), June 25, 2010

Establishing Deterrence Against Military Felons in Okinawa Through Lay Adjudication (Beihei hanzai no hadomeni: Okinawa no saiban-in sei ni sekai chumoku), Editorial, Okinawa Times, June 3, 2010

Is Mexico Ready for a Jury Trial? Comparative Analysis of Lay Justice Systems in Mexico, the U.S., Japan, New Zealand, South Korea, and Ireland, Mexican Law Review (Clark Robert Knudtson and Susan Irene Lopez), 2010, (2) 1: 3-44.
Comparative Analysis of Popular Legal Participation in Japan and the U.S.: Differential Perceptions of Actual Jurors and College Students on the System of Lay Participation in Law, International Journal of Comparative and Applied Criminal Justice, 2009, 33: 37-59.
Sennin Tetsuzuki ni oken Ho Shinrigaku (Psychology of Law Applied to Saiban-in (Japan’s Jury) Selection), in Saiban-in Seido to Ho Shinrigaku (The Quasi-Jury System and Psychology and Law, eds. by Yoshinori Okada, et al.), 2009, pp. 82-95.
Transcommunal Projects to Establish a System of Civic Oversight of the Government: People’s Legal Participation and Power to Check the Government and Its Authority, Transcommunal Cooperation, 2008
Dick Cheney’s Indictment Signals Need for a Federal Civil Grand Jury, UC Santa Cruz News, 2008, December 5.
Legal Psychological Research in the Selection of Lay Participants for Jury Duty (Sennin Tetsuzuki ni okeru Ho Shinrigaku), Okada, Yoshinori, Masahiro Fujita, & Makiko Naka, Saiban-in Seido to Ho Shinrigaku (Japan's Lay Assessor System and the Psychology of Law), Tokyo, Japan, Kyousei, 82-95
Saiban-in Seido (Lay Assessor’s System), Kensatsu Shinsakai (Prosecutorial Review Commission (PRC)), and Okinawa’s Quest for Self-Determination and Political Sovereignty, Okinawan Journal of American Studies, 2008, 5: 31-42.
The rebirth of Japan's petit quasi-jury and grand jury systems: Cross-national analysis of legal consciousness and lay participatory experience in Japan and the U.S. 2007. Cornell International Law Journal, 40: 315-354.
Amerika bengonin ni motozuku saibanin seido tetsuzuki deno teian (Suggestions for Japanese Attorneys on How to Prepare Jury Selection for Quasi-Jury Trials). 2007.?Hanrei Taimuzu (Reports on Case Law), 1252: 22-27.
Kensatsu shinsakai deno juri narifikeshon no susume: Kokumin sihosanka ni yoru shakai henkaku to ishiki kaikaku o mosaku suru (Recommending jury nullification in the deliberation of prosecutorial review commissions) Baishin Saiban (Jury Trial) Baishin Saiban o Kangaeru Kai (Research Group on Jury Trial), 2007, 18: 4-5,7
Saiban-in seido ni okeru enzai boshi no kanosei: Jihaku chosho ni kansuru saiban-in no ishiki to nin'i-sei to no shototsu (Possibility of preventing wrongful conviction in Japan's quasi-jury system: Quasi-jurors' evaluations of confession documents and quasi-jurors’ evaluations of confessions), 2007. Kikan Keiji Bengo (Quarterly Criminal Defense) Gendai Jinbun Sha 51: 88-96
Shimin no shihosanka eno hikari to kage: Kensatsu shinsakai to amerika baishin o toshita shimin shiho sanka no kokusai hikaku (Light and shadow of popular legal participation: Cross-national analysis of Japan's prosecutorial review commissions and America. 2006. Kikan Keiji Bengo (Quarterly Criminal Defense) Gendai Jinbun Sha Tokyo, Japan 48 16-20.
The representative jury requirement: Jury representativeness and cross sectional participation from the beginning to the end of the jury selection process. 2006. Valerie P. Hans, ed. The Jury System: Contemporary Scholarship Ashgate UK.
Amerika baishin ni kansuru shakai shinrigaku risa-chi to nihon saiban-in seido kenkyu eno kanosei to hokosei (Reviews of socio-psychological research on American juries and the applicability to Japan's new quasi-jury system). 2006. Shinrigaku hyoron (Japanese Psychological Review) Society of Japanese Psychological Review Kyoto, Japan Vol.48, No.3 427-445
Sennin tetsuzuki no ryuiten to mondaiten (Structural problems in Japan’s quasi-jury selection process). 2005. Quarterly Criminal Defense Journal Gendai Jinbun sha Tokyo, Japan 42 53-57
Saibankan no Kanyo Saishoni (Minimizing the Judge's Participation for Quasi-jury Deliberatio), Mainichi Shimbun (Mainich Daily Newspaper), 2004, June 2.
Races People Play: The Theory of Racial Identity Transformation, Genbunken (Journal of Contemporary Culture and Society), 2004, 80 20-39.
Guaranteeing Racially Mixed Juries, Editorial: Open Forum (with Richard Krooth), San Francisco Chronicle, 2003, October 28, A21
Daigaku wo Kakuni Chiiki Ittaide Sangyou Kasseika wo (The Regional Formation of Clusters Around University Research Activities) Nikkei Shohihsha Keizai Foramu Kaiho (Japan Economic Newspaper: Consumer Economic Journal), 2003, March, 2-3.
Embracing affirmative jury selection for racial fairness, Racial Issues in Criminal Justice: The Case of African Americans , 2003, (ed. Marvin D. Free), Westport, Connecticut,: Praeger, pp. 239-253.
Critical evaluations of Hispanic participation in the Grand jury: Key-man selection, jurymandering, language, and representative quotas, Texas Hispanic Journal of Law and Policy , 2002, 5:7-39.
Identity, cultural adaptation, and accommodation of a Japanese family living in the United States, Nurturing Success: Successful Women of Color and Their Daughters , 2000, (ed. by Essie E. Lee), Westport, Connecticut: Praeger, pp. 150-156.
Where did Hispanic jurors go? Copmuter graphics and statistical analysis of Hispanic participation in grand juries in Califorina, 2000, Western Criminology Review , vol. 2, n. 2.
Social Deconstruction of Race and Affirmative Action in Jury Selection, La Raza Law Journal , 1999, 11:17-68.
Rethinking the representative jury requirement: Jury representativeness and cross-sectional participation from the beginning to the end of the jury selection process, 1999, International Journal of Applied and Comparative Criminal Justice , 23: 55-90.
Is O.J. Simpson Verdict an Example of Jury Nullification? Jury Verdicts, Legal Concepts, and Jury Performance in a Racially Sensitive Criminal Case, International Journal of Applied and Comparative Criminal Justice , 1998, 22:185-210.
A Quota Jury: Affirmative Action in Jury Selection, Journal of Criminal Justice , 1997, 25:477-500.
Affirmative Action in Jury Selection: Racially Representative Juries, Racial Quotas, and Affirmative Juries of the Hennepin Model and the Jury De Medietate Linguae, Virginia Journal of Social Policy and the Law , (with Darryl Davies) 1997, 4:645-681.
The ironies of Affirmative Action: UC Students' Views on Fallacies and Problems of Affirmative Action, California Sociologists , (with eight UCSC undergraduate students) 1997, 24:71-88.
Race, Social Class, Jury Participation: New Dimensions for Evaluating Discrimination in Jury Service and Jury Selection, Journal of Criminal Justice , 1996, 24:71-88.
Sociologists in Action: The McMartin Sexual Abuse Case, Litigation, Justice, and Mass Hysteria, American Sociologist , (with Edgar W. Butler, and R. Krooth), 1995, 25: 45-72.
Sources of Racial Disenfranchisement in the Jury and Jury Selection System, National Black Law Journal , 1995, 13(3): 238-275.
The Rodney King Beating Verdicts. In M. Baldassare, ed., The Los Angeles Riots: Lessons for the Urban Future . Boulder, Colo.: Westview Press, pp. 73-102.
Management of American University Branch Campuses in Japan: Socio-cultural Problems Faced by Texas A&M University in the Rural Japanese Town, Higher Educational Management Journal , 1994, Vol.6, No.2, pp.227-240

Translative Work (English toJapanese)

Newspaper:

o "Guaranteeing Racially Mixed Juries,", 2003, San Francisco Chronicle, October 28, Editorial: Open Forum, A21 (with Richard Krooth).

Personal Interviews and Other Media Outlets:

o "The Rebirth of Japan's Petit Quasi-Jury and Grand Jury Systems," presented at the symposium, " Citizen Participation in East Asian Legal Systems," at Cornell University Law School in September 22, 2006 (Video: Check 2nd video)

o "In Reform Bid, Japan Opts for Trial by Jury," 2004, Christian Science Monitor, June 4.

o "Racially Mixed juries Would Provide Checks and Balances in Criminal Justice System, Sociologist Hiroshi Fukurai says," 2003, UC Santa Cruz Currents Online, October 20.

o "Sociologist Testifies About How to Overcome Racial Bias in Jury Selection," 1997, UC Santa Cruz Currents Online, March 3.

Publications (in Japanese lannguage):

"Saibankan no Kanyo Saisho ni (Minimal Participation by Japanese Judges)," Mainichi Shimbun (Mainichi Daily Newspaper), 2003, June 2, p. 4.
"Kurasuta Tanjo no Joken: Kafirofunia Daigaku no Ke-su Sutadhi (Pre-conditions for the Creation of Industrial-University Research Clusters: UC Case Studies)," Urban, Sakai Urban Policy Institute, Vol. 15, 2003, pp. 76-77.
"Kokumin no Seifukikan heno chekku ando baransu (Checks and Balances Against the Governmental Agencies)," Saibanin Seido ga Yattekuru(Here Comes The Quasi-jury system), 2003, (ed. Osamu Niikura), pp.64-65.
"Daigaku wo Kakuni Chiiki Ittaide Sangyou Kasseika wo (The Regional Formation of Clusters Around University Research Activities)," Nikkei Shohihsha Keizai Foramu Kaiho (Japan Economic Newspaper: Consumer Economic Journal, 2003, March, pp. 2-3.
"Hatsugenseki: Matareru Saibanin Seido Donyu (Introducing Japan's new Quasi-Jury System)," Mainichi Shimbun (Mainichi Daily Newspaper), 2002, February 4, p. 5.
"Chekku to Baransu ni Motozuku Nihon Saibanin-Seido no Koso (Japan's Newly Proposed Quasi-jury System and the Introduction of Checks and Balances into the Japanese Legal System)," Ho to Rinri (The Sociology of Law: Law and Ethics), 2002, 56:195-215.
"Hanzai tousei no kanousei (Possibilities of Crime Control)," Nihon Hanzai Shakaigakukai: Dai 29 kai taikaihoukokuyoushi-Shu(Report on the 19 Conference of the Japanese Association of Sociological Criminology), 2002, December, pp.14-16.
"Chekku ando Baransu wo Kinosaseru Baisin-Seido (The Jury System and Its Checks-and-Balances Mechanism)," Hogaku-Seminar (Legal Seminar), 2001:56-58.
"Dokuji no Kokuminno Sihosanka-Seido Kakuritsu to Kokusaishakai no Nihon Hyoka (The Possible Establishment of Japan's Unique Legal System and Its International Reputation and Perceptions)," Gekkan Siho Kaikaku (Journal of Judicial Reform in Japan) 2001:10-13.
"Seihanzai no Moten (Blindspots in Sexual Crimes)," Aera Mook: Hanzaigaku ga Wakaru (Introduction to Criminology), 2001, pp.32-34.
"Hodo to Baisin (the Media and the Jury Trials)," Hogaku-Seminar (Legal Seminar) 2000 9:126-130, and 10:132-134.
"Kensatukan to Baisin-seido (The Prosecutors and the Jury Trial)," Keiji Bengo (Criminal Defense), 23: 68-71.

Personal Interviews (in Japanese):

"America Kyouiku Sisutemu no Miryoku (The Attractiveness of U.S. Educational Systems)," TOEFL Mail Magazine, 2003, February 13.

Personal Information (including photos, thanks to Dr. Kaoru Kurosawa and Mr. Hajime Matsumoto)

o Swimming almost everyday - I got a noticeable tan on my back and hip area

o Enjoy tennis, bike riding, and running (not much recently because of cold and windy weather)

July 9, 2004 at Yokohama Kaiko Kinennkaikan, giving a presentation on the McMartin Child Molestation Trial (the book was translated into Japanese in March 2004, thanks to Dr. Kaoru Kurosawa and Attorney Hideo Niwayama).

August 2, 2004 as a keynote speaker at Nichibenren Kaikan (Japan Federation of Lawyers Association) on the introduction of the Saibain-in Seido as a mechanism of a checks and balances system in Japan.

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UC Santa Cruz - Hiroshi Fukurai - October 25, 2007