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Author : David Ted Johnson
Publisher : Oxford University Press on Demand
Page : 340 pages
File Size : 46,9 Mb
Release : 2002
Category : Law
ISBN : 9780195119862
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 : David T. Johnson
Publisher : Unknown
Page : 0 pages
File Size : 41,6 Mb
Release : 2023
Category : Justice, Administration of
ISBN : 0197719627
In the Japanese criminal system, the prosecutor is the most important figure. Based on extensive fieldwork inside a large prosecutor's office and on extensive surveys and interviews, this book explains the role of Japan's 2000 prosecutors.
Author : Masahiro Fujita
Publisher : Springer
Page : 282 pages
File Size : 41,9 Mb
Release : 2018-07-04
Category : Law
ISBN : 9789811003387
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 : M. Feeley,S. Miyazawa
Publisher : Palgrave Macmillan
Page : 262 pages
File Size : 49,9 Mb
Release : 2002-07-16
Category : Political Science
ISBN : 1349661821
The Japanese legal system is at a crossroads. The contributors to this book explore the most important features of the adversary process as it works in the Japanese criminal justice system. Topics include the right to remain silent, wire tapping, the role of defence counsel, plea bargaining, the power of prosecutors, juvenile justice and judicial independence. Many of the essays seek comparison with practices in Anglo-American countries.
Author : Andrew Watson
Publisher : Springer
Page : 177 pages
File Size : 50,9 Mb
Release : 2016-10-26
Category : Social Science
ISBN : 9783319350776
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 : V. Lee Hamilton,Joseph Sanders
Publisher : Yale University Press
Page : 312 pages
File Size : 54,9 Mb
Release : 1992-01-01
Category : Social Science
ISBN : 0300060726
It is a fundamental human impulse to seek restitution or retribution when a wrong is done, yet individuals and societies assess responsibility and allocate punishment for wrongdoing in different ways. This book investigates how average citizens in the United States and Japan think about and judge various kinds of wrongdoing, how they determine who is responsible when things go wrong, and how they prefer to punish offenders. Drawing on the results of surveys they conducted in Detroit, Michigan, and Yokohama and Kanazawa, Japan, the authors compare both individual and cultural reactions to wrongdoing. They find that decisions about justice are influenced by whether or not there seems to be a social relationship between the offender and victim: the American tendency is to see actors in isolation while the Japanese tendency is to see them in relation to others. The Japanese, who emphasize the importance of role obligations and social ties, mete out punishment with the goal of restoring the offender to the social network. Americans, who acknowledge fewer "ties that bind" and have firmer convictions that evil resides in individuals, punish wrongdoers by isolating them from the community. The authors explore the implications of "justice among friends" versus "justice towards strangers" as approaches to the righting of wrongs in modern society. Their findings will be of interest to students of social psychology, the sociology of law, and Japanese studies.
Author : Sang-Jin Han,Kim Dae-Jung,Richard Von Weizsaecker
Publisher : Routledge
Page : 295 pages
File Size : 48,8 Mb
Release : 2015-12-22
Category : Political Science
ISBN : 9781317261025
"Divided Nations and Transitional Justice" is a collection of significant writings contributed by the late president Kim Dae-jung of the Republic of Korea and former president Richard von Weizsaecker of Germany. This book presents insightful views, lifetime career experiences, and expertise of the two prominent leaders in the critical fields of unification, peace, and justice and reconciliation. It centers on the cases of Korea, Germany and Japan, and considers how these countries have moved to address and come to terms with their wartime past. This book moves to deliver messages of hope and vision on how to further the values of peace, reconciliation and cooperation in the twenty-first century."
Author : Ted D. Westermann,James W. Burfeind
Publisher : Wadsworth Publishing Company
Page : 232 pages
File Size : 42,5 Mb
Release : 1991
Category : Law
ISBN : UOM:39015021892313
Author : Richard H. Mitchell
Publisher : University of Hawaii Press
Page : 268 pages
File Size : 52,5 Mb
Release : 1992-01-01
Category : History
ISBN : 082481410X
In his study of the treatment of political criminal suspects and prisoners from 1868 to 1945, Richard H. Mitchell makes a major contribution to our knowledge and understanding of Japan's criminal justice system at a most critical juncture in that country's history. Through careful research and sensitive evaluation of the source materials, Mitchell identifies two contrasting themes--a high degree of state repression and a concern for human rights--and shows how a system that clearly involved considerable brutality, torture, and illegal detention also exhibited elements of humanity and fairness. He argues that this contradiction is best understood by viewing prewar Japan as a "paternalistic police state," in which brutality was the other side of benevolence. The scope of inquiry of this study encompasses a broad range of issues. It assays laws for control of political dissent as well as the origins of the movement for human rights of criminal suspects and convicts, giving special attention to the behavior of defense lawyers. It sorts out the actors and their roles in upholding or violating individual rights and does a superb job of conveying the subtle difficulties faced by judges as well as the markedly "un-American" legal context of political trials. It describes and makes critical distinctions between conditions in prisons and facilities for special detention and surveillance, and it challenges a number of common assumptions, including long-cherished views about the differences between the 1920s and 1930s. Numerous cases of alleged police brutality are evaluated and police actions analyzed. Tenko (conversion), a novel method of dealing with political criminal suspects and convicts, is explored together with the little-known Criminal Compensation Law. Throughout, the yardstick by which treatment of accused and convicted criminals is judged is the state's own laws and regulations. In addition to evaluation by these internal standards, Mitchell devotes his final chapter to a very useful comparison with the situation in Europe during the same period. There is no other work in English on precisely this subject and no other related work of this scope. Although Mitchell's focus is on political offenders, there is enough material on the overall system to make this volume easily the best available resource on prewar Japanese criminal justice.
Author : Leon Wolff,Luke Nottage,Kent Anderson
Publisher : Edward Elgar Publishing
Page : 232 pages
File Size : 50,8 Mb
Release : 2015-04-30
Category : Law
ISBN : 9781784717490
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 : Yuki Tanaka,Timothy L.H. McCormack,Gerry Simpson
Publisher : BRILL
Page : 436 pages
File Size : 46,5 Mb
Release : 2011-06-09
Category : Law
ISBN : 9789004215917
The aim of this new collection of essays is to engage in analysis beyond the familiar victor’s justice critiques. The editors have drawn on authors from across the world — including Australia, Japan, China, France, Korea, New Zealand and the United Kingdom — with expertise in the fields of international humanitarian law, international criminal law, Japanese studies, modern Japanese history, and the use of nuclear, chemical and biological weapons. The diverse backgrounds of the individual authors allow the editors to present essays which provide detailed and original analyses of the Tokyo Trial from legal, philosophical and historical perspectives.
Author : 井原西鶴
Publisher : Unknown
Page : 136 pages
File Size : 40,7 Mb
Release : 1980
Category : Fiction
ISBN : UVA:X000140415
From the introduction: " ... the book ... is, in fact, a compendium of wry twists on the trial accounts popular at the time it was written. There is no principle character, except for a judge usually referred to as gozen, or "His Lordship," and the principlal concern is very broad: justice under the 京都所司代 in the seventeenth century. Some of the stories can be traced to the 板倉政要 (Essentials of the administration of Itakura), a collection of trial records and stories of the Kyōto Shoshidai ministers 板倉勝重 (administration from 1601-1619) and his son, 重宗 (administration from 1619-1654)."
Author : Anonim
Publisher : Unknown
Page : 354 pages
File Size : 43,6 Mb
Release : 2003
Category : Asia
ISBN : STANFORD:36105063880798
Author : Erik Herber
Publisher : Routledge
Page : 268 pages
File Size : 44,9 Mb
Release : 2019-02-18
Category : Law
ISBN : 9781351602334
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 : Richard H. Mitchell
Publisher : University of Hawaii Press
Page : 298 pages
File Size : 53,8 Mb
Release : 2002-03-31
Category : Law
ISBN : 0824825233
The Imperial Rayon Company corruption scandal (popularly known as the Teijin incident) was Japan's major interwar political bribery case. Compared to numerous Japanese corruption cases of the past century, the Teijin affair stands out as not only the most sensational of the pre-1945 era, but also the most important--perhaps because more than any other case, it has left an indelible mark on the public mind. Nevertheless, Japanese and foreign scholars have neglected this incident, which brought down an entire cabinet and produced a record-setting trial. The sixteen defendants, all prominent bureaucrats, ministers, and businessmen, were charged with illegally profiting from the sale of Imperial Rayon Company stock held by the Bank of Japan. In December 1937, after a more than two-year trial, all sixteen were found innocent when the judges declared that the case had been fabricated by the prosecution. Their verdict ranks in importance with the famous Otsu case judgment, the benchmark for judicial independence from the executive. Despite its importance, basic facts about the Teijin case remain obscure, as scholars repeat factual misinformation and produce farfetched conspiracy theories. This study, the first comprehensive, scholarly work on the subject in English or Japanese, investigates controversial and important issues regarding the origins, results, and significance of the incident. It illustrates transwar continuities within the judicial system by showing that the institutional flaws in the old criminal justice system, which were magnified by the Teijin investigation and trial, remain embedded despite reform attempts during the Occupation. While illuminating the basic institutional features that generated it, the author uses the incident to spotlight the considerable amount of political criticism and public conflict that existed in Japan in the 1930s.