Japanese Society And Lay Participation In Criminal Justice

Author : Masahiro Fujita
Publisher : Springer
Page : 282 pages
File Size : 49,5 Mb
Release : 2018-07-04
Category : Law
ISBN : 9789811003387

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Japanese Society and Lay Participation in Criminal Justice by Masahiro Fujita Pdf

This book describes the state of the lay participation system in criminal justice, saiban-in seido, in Japanese society. Starting with descriptions of the outlines of lay participation in the Japanese criminal justice system, the book deals with the questions of what the lay participants think about the system after their participation, how the general public evaluate the system, whether the introduction of lay participation has promoted trust in the justice system in Japan, and the foci of Japanese society’s interest in the lay participation system. To answer these questions, the author utilizes data obtained from social surveys of actual participants and of the general public. The book also explores the results of quantitative text analyses of newspaper articles. With those data, the author describes how Japanese society evaluates the implementation of the system and discusses whether the system promotes democratic values in Japan.

Author : Andrew Watson
Publisher : Springer
Page : 177 pages
File Size : 54,5 Mb
Release : 2016-10-26
Category : Social Science
ISBN : 9783319350776

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Popular Participation in Japanese Criminal Justice by Andrew Watson Pdf

This book analyses the mixed courts of professional and lay judges in the Japanese criminal justice system. It takes a particular focus on the highly public start of the mixed court, the saiban-in system, and the jury system between 1928-1943. This was the first time Japanese citizens participated as decision makers in criminal law. The book assesses reasons for the jury system's failure, and its suspension in 1943, as well as the renewed interest in popular involvement in criminal justice at the end of the twentieth century. Popular Participation in Japanese Criminal Justice proceeds by explaining the process by which lay participation in criminal trials left the periphery to become an important national matter at the turn of the century. It shows that rather than an Anglo-American jury model, outline recommendations made by the Japanese Judicial Reform Council were for a mixed court of judges and laypersons to try serious cases. Concerns about the lay judge/saiban-in system are raised, as well as explanations for why it is flourishing in contemporary society despite the failure of the jury system during the period 1928-1943. The book presents the wider significance of Japanese mixed courts in Asia and beyond, and in doing so will be of great interests to scholars of socio-legal studies, criminology and criminal justice.

Author : Erik Herber
Publisher : Routledge
Page : 268 pages
File Size : 44,6 Mb
Release : 2019-02-18
Category : Law
ISBN : 9781351602334

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Lay and Expert Contributions to Japanese Criminal Justice by Erik Herber Pdf

This book examines the little or not previously researched roles and contributions of non-legal professionals in Japanese criminal justice against the background of recent social and legal changes that either gave birth to or affected the roles played by these "outsiders". On the basis of a wealth of primary and secondary sources, including meeting records of policy makers and practitioners, surveys, interviews and court verdicts, the book zooms in on forensic psychiatrists’ role in the disappearance of criminally insane defendants from Japanese criminal courts; social workers’ new role in diverting a growing number of elderly, mentally disturbed repeat offenders from prison; the therapeutic dimension added to Japanese criminal justice proceedings with the introduction of a system of victim participation as well as the increasingly important role of forensic scientists’ contributions, notably DNA evidence, in Japanese courts. Finally, it examines lay judges’ contributions to sentencing practices as well as how these lay judges make sense of the other outsiders’ contributions. On the basis of very recent social and legal developments the book provides an original contribution to understandings of Japanese criminal justice, as well as more general socio-legal debates on the role of extra-legal knowledge in criminal justice. The book will be of value within BA and MA level courses on and to students and researchers of Japanese law and society as well as comparative criminal justice and socio-legal theory.

Author : Dimitri Vanoverbeke
Publisher : Routledge
Page : 233 pages
File Size : 44,6 Mb
Release : 2015-04-10
Category : Social Science
ISBN : 9781317487340

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Juries in the Japanese Legal System by Dimitri Vanoverbeke Pdf

Trial by jury is not a fundamental part of the Japanese legal system, but there has been a recent important move towards this with the introduction in 2009 of the lay assessor system whereby lay people sit with judges in criminal trials. This book considers the debates in Japan which surround this development. It examines the political and socio-legal contexts, contrasting the view that the participation of ordinary citizens in criminal trials is an important manifestation of democracy, with the view that Japan as a society where authority is highly venerated is not natural territory for a system where lay people are likely to express views at odds with expert judges. It discusses Japan’s earlier experiments with jury trials in the late 19th Century, the period 1923-43, and up to 1970 in US-controlled Okinawa, compares developing views in Japan on this issue with views in other countries, where dissatisfaction with the jury system is often evident, and concludes by assessing how the new system in Japan is working out and how it is likely to develop.

Author : Leon Wolff,Luke Nottage,Kent Anderson
Publisher : Edward Elgar Publishing
Page : 232 pages
File Size : 45,9 Mb
Release : 2015-04-30
Category : Law
ISBN : 9781784717490

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Who Rules Japan? by Leon Wolff,Luke Nottage,Kent Anderson Pdf

The dramatic growth of the Japanese economy in the postwar period, and its meltdown in the 1990s, has attracted sustained interest in the power dynamics underlying the management of Japanês administrative state. Scholars and commentators have long deba

Author : Jianhong Liu,Setsuo Miyazawa
Publisher : Springer
Page : 352 pages
File Size : 50,5 Mb
Release : 2017-12-15
Category : Social Science
ISBN : 9783319693590

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Crime and Justice in Contemporary Japan by Jianhong Liu,Setsuo Miyazawa Pdf

This book provides an important overview of key criminology and criminal justice concerns in Japan. It highlights similarities between the practice of criminology research in Japan, as well as important differences, with other areas of Asia and with the West. In previous decades, Japan attracted international attention as the only industrialized country where the crime rate declined along with a rise in urbanization and economic development. Currently, Japan still enjoys a declining crime rate (the lowest among major industrialized countries) and a study of criminal justice practices in Japan may provide important insights for other regions. Japan also experiences important contemporary challenges which are shared by other regions: 1. Japan has the highest proportion of people over the age of 60 in the world. For criminology, this means key challenges in the victimization of older people, as well as the challenges of an aging prison population. 2. Besides the United States, Japan is the only developed country that still practices capital punishment, and its rate has been on the rise in the past 20 years. 3. Japan has also introduced new reforms in its law practice, including the introduction of new trial formats. The research in this book provides a helpful overview for scholars interested in criminology and criminal justice in Japan to understand the key issues of concern, and present a framework for future research needs. It will be of interest to researchers in criminology and criminal justice, international studies, Asian Studies, sociology, and political science.

Author : David T. Johnson
Publisher : Springer Nature
Page : 139 pages
File Size : 47,9 Mb
Release : 2019-11-18
Category : Social Science
ISBN : 9783030320867

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The Culture of Capital Punishment in Japan by David T. Johnson Pdf

This open access book provides a comparative perspective on capital punishment in Japan and the United States. Alongside the US, Japan is one of only a few developed democracies in the world which retains capital punishment and continues to carry out executions on a regular basis. There are some similarities between the two systems of capital punishment but there are also many striking differences. These include differences in capital jurisprudence, execution method, the nature and extent of secrecy surrounding death penalty deliberations and executions, institutional capacities to prevent and discover wrongful convictions, orientations to lay participation and to victim participation, and orientations to “democracy” and governance. Johnson also explores several fundamental issues about the ultimate criminal penalty, such as the proper role of citizen preferences in governing a system of punishment and the relevance of the feelings of victims and survivors.

Author : Matthew J. Wilson,Hiroshi Fukurai,Takashi Maruta
Publisher : Edward Elgar Publishing
Page : 208 pages
File Size : 41,9 Mb
Release : 2015-08-28
Category : Law
ISBN : 9781783479191

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Japan and Civil Jury Trials by Matthew J. Wilson,Hiroshi Fukurai,Takashi Maruta Pdf

With effective solutions in both criminal and civil disputes at a premium, reformers have advanced varied forms of jury systems as a means of fostering positive political, economic, and social change. Many countries have recently integrated lay partici

Author : Rieko Kage
Publisher : Cambridge University Press
Page : 279 pages
File Size : 40,5 Mb
Release : 2017-10-12
Category : Law
ISBN : 9781107194694

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Who Judges? by Rieko Kage Pdf

Who Judges? is the first book to explain why different states design their new jury systems in markedly different ways.

Author : Ted D. Westermann,James W. Burfeind
Publisher : Wadsworth Publishing Company
Page : 232 pages
File Size : 46,7 Mb
Release : 1991
Category : Law
ISBN : UOM:39015021892313

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Crime and Justice in Two Societies by Ted D. Westermann,James W. Burfeind Pdf

Author : David Ted Johnson
Publisher : Oxford University Press on Demand
Page : 340 pages
File Size : 55,5 Mb
Release : 2002
Category : Law
ISBN : 9780195119862

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The Japanese Way of Justice by David Ted Johnson Pdf

The major achievements of Japanese criminal justice are thus inextricably intertwined with its most notable defects, and efforts to fix the defects threaten to undermine the accomplishments."--BOOK JACKET.

Author : Sanja Kutnjak Ivković,Shari Seidman Diamond,Valerie P. Hans,Nancy S. Marder
Publisher : Cambridge University Press
Page : 379 pages
File Size : 40,5 Mb
Release : 2021-07-29
Category : Law
ISBN : 9781108483940

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Juries, Lay Judges, and Mixed Courts by Sanja Kutnjak Ivković,Shari Seidman Diamond,Valerie P. Hans,Nancy S. Marder Pdf

Offers a comprehensive and comparative picture of how countries around the globe use ordinary citizens to decide criminal cases.

Author : Rosann Greenspan,Hadar Aviram,Jonathan Simon
Publisher : Cambridge University Press
Page : 407 pages
File Size : 40,7 Mb
Release : 2019-06-13
Category : Law
ISBN : 9781108415682

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The Legal Process and the Promise of Justice by Rosann Greenspan,Hadar Aviram,Jonathan Simon Pdf

Malcolm Feeley's classic scholarship on courts, criminal justice, legal reform, and the legal complex, examined by law and society scholars.

Author : David T. Johnson
Publisher : Unknown
Page : 0 pages
File Size : 43,7 Mb
Release : 2022
Category : Electronic
ISBN : 3031193741

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Japan's Prosecution Review Commission by David T. Johnson Pdf

"Brilliantly combines scholarly reflections on Japan's Prosecution Review Commission with practical suggestions for making prosecution more democratic." - Satoru Shinomiya, Professor of Law, Kokugakuin University, Japan "Highly recommended for readers interested in understanding the complexities of Japanese criminal justice and the relationship between prosecution and democracy." - Dimitri Vanoverbeke, Professor of Law and Society, University of Tokyo, Japan "David Johnson's work is always original, thorough, theoretically interesting, and empirically well documented. This book reveals his continuing capacity to use his deep knowledge of Japanese criminal justice to draw wider lessons." -David Nelken, Dickson Poon Law School, King's College London, UK This book explains Japan's unique Prosecution Review Commission (PRC) which is composed of eleven lay people selected randomly from voter registration lists. Each of the country's 165 PRCs reviews non-charge decisions made by professional prosecutors and determines which cases should be reinvestigated or charged. PRCs also provide prosecutors with general proposals and recommendations for improving their policies and practices. The book analyzes the history and operations of the PRC and uses statistics and case studies to examine its various impacts, from legitimation and shadow effects to kickbacks and mandatory prosecution. More broadly, this book explores a problem that is common in many criminal justice systems: how to hold prosecutors accountable for their non-charge decisions. It discusses the potential these panels have for improving the quality of criminal justice in Japan and other countries, and it will appeal to scholars and students studying prosecution and democracy, criminal justice, criminology, lay participation, justice reform, and Japanese studies. David T. Johnson is Professor of Sociology, University of Hawaii at Manoa, USA. He has published six previous books which have received numerous awards and honorable mentions. .

Author : Jacqueline E. Ross,Stephen C. Thaman
Publisher : Edward Elgar Publishing
Page : 576 pages
File Size : 42,5 Mb
Release : 2016-06-24
Category : Law
ISBN : 9781781007198

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Comparative Criminal Procedure by Jacqueline E. Ross,Stephen C. Thaman Pdf

This Handbook presents innovative research that compares different criminal procedure systems by focusing on the mechanisms by which legal systems seek to avoid error, protect rights, ground their legitimacy, expand lay participation in the criminal process and develop alternatives to criminal trials, such as plea bargaining, as well as alternatives to the criminal process as a whole, such as intelligence operations. The criminal procedures examined in this book include those of the United States, Germany, France, Spain, Russia, India, Latin America, Taiwan and Japan, among others.