The Japanese Way of Justice: Prosecuting Crime in Japan (Studies on Law and Social Control)

By David T. Johnson

Prosecutors have extra keep an eye on over lifestyles, liberty, and attractiveness than any association in Japan. sarcastically, this proposition elicits frequent contract yet few critical efforts to discover its reasons, effects, or importance. The irony makes the procuracy a bit just like the climate: each person discusses it yet not anyone does whatever approximately it.

This is the 1st booklet in English to investigate how Japan's 2000 prosecutors workout their bold powers. It paints an empirical comic strip of prosecutors at paintings, the contexts during which they examine, cost, and take a look at circumstances, and the content material of the choices thereby rendered. on account that prosecutors wield immense discretion at each level of the legal procedure, and because felony court cases represent one of many vital symptoms of the nature of a society, this research deals a window onto Japan. in view that this ebook is comparative, mainly with the U.S., it additionally gives insights into American legislations and society.

The eastern approach of justice is largely decided incidentally prosecutors practice their jobs. If justice skill considering the wishes and conditions of person suspects, then prosecutors in Japan needs to obtain greater marks than their American opposite numbers. If justice implies treating like situations alike, then the ability of Japan's procuracy to take action is remarkable certainly. If justice may still advertise therapeutic, not only punishment, then jap prosecutors needs to be reckoned extra restorative than prosecutors within the usa. And if justice relies on uncovering and clarifying the reality, then readers will realize how basic this maxim is deemed in Japan. In those methods and extra, the japanese method of justice is uncommonly simply.

Yet this account uncovers critical defects besides. In processing intercourse offenders, for instance, eastern prosecutors usually and disrespect the emotions of lady sufferers. of their ardour for holding excessive conviction charges, prosecutors sacrifice the pursuits of sufferers who yearn to be heard in open courtroom. of their insulation from political and public scrutiny, prosecutors occasionally look unaccountable to valid authority and impact. And of their zeal to acquire the reality via confessions, a few prosecutors plea discount, health care provider file, and behavior brutal interrogations, all of that are unlawful in Japan.

Japan is some distance from the us. This ebook demonstrates that during many issues of felony justice they're assorted worlds.

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Half 2 of the survey provided respondents with seventeen power paintings goals. for every goal, respondents have been requested to circle one in every of 4 solutions so one can “indicate how very important you think it truly is to aim to accomplish this target while getting rid of instances. ” The 4 responses have been (1) now not an aim, (2) now not a vital target, (3) a massive target, and (4) an important aim. I generated the checklist of targets from the scholarly literature on prosecutors, from numerous months of field observations ahead of developing the questionnaire, and from a pre-test of the survey. the subsequent research is predicated at the percent of prosecutors who looked every one paintings target as both “important” or “very vital. ” desk three. 1 ranks the pursuits from most vital to least vital and juxtaposes the result of an analogous survey administered to Seattle prosecutors in 1999. so much strikingly, desk three. 1 indicates that many paintings ambitions are salient to prosecutors in either Japan and the us. certainly, 13 of the seventeen goals have been thought of very important or extremely important by means of two-thirds or extra of all jap prosecutors, and 9 of the seventeen have been very important or extremely important to at the very least two-thirds of Seattle prosecutors. This finding belies the typical statement that prosecutors pursue a unmarried goal, resembling maximizing convictions or sentences or a few manufactured from the 2. furthermore, prosecutors in either nations say they wish least what pundits of the procuracy presume they need so much. nine desk three. 1 additional indicates that almost all goals (twelve of seventeen) are extra very important to jap prosecutors than to American prosecutors, by way of an ordinary of approximately 10 percentage in step with aim. this is often facts that prosecutors in Japan view their function extra commonly than do prosecutors within the usa. eight. within the Eighties extra prosecutors appeared discontent with their jobs. In an editorial titled “The Prosecutor Crisis,” one journal stated that approximately fifty prosecutors have been quitting the procuracy every year, normally out of dissatisfaction with the office’s body of workers and move judgements and its rigidly bureaucratic personality (Sunday Mainichi 4/26/87). equally, in 1989 the Tokyo Bar Federation pronounced the result of a survey administered to one hundred forty four former prosecutors who hand over the procuracy and joined the personal bar within the past twenty years. The fifty-six respondents responded 11 questions about their perceptions of the procuracy and their purposes for leaving it. Many expressed discontent over transfers, team of workers judgements, and the bureaucratic paintings surroundings. nine. In his learn of a big prosecutors office in California, Lief Carter requested prosecutors to expense the significance of 9 paintings pursuits and to judge how good the office complete every one. Carter doesn't offer a precis of the survey effects. He says, notwithstanding, that the 3 most vital targets for the California prosecutors have been (1) preserving a excessive point felony functionality; (2) keeping apart the blameless from the accountable; and (3) amazing a good stability among the conflicting pursuits and wishes of sufferers, police, judges, security assistance, and the general public.

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