CRIMINAL JUSTICE SYSTEM IN JAPAN (3)

• NCJ Number: 45331
• Author(s): T TANIZAWA
• Date Published: 1977
• Length: 23 pages
• Sale Source: National Institute of Justice/
• Language: English
• Country: Japan
• Note: PRESENTED AT THE 45TH INTERNATIONAL SEMINAR COURSE ON INCREASE OF COMMUNITY INVOLVEMENT IN THE TREATMENT OF OFFENDERS, FEBRUARY 10-MARCH 28, 1977

Annotation

AN OVERVIEW OF THE COURT STRUCTURE, TRIAL AND SENTENCING PROCEDURES, AND OTHER ASPECTS OF CRIMINAL CASE PROCESSING IN JAPAN IS PRESENTED.

Abstract

JAPAN HAS 1 SUPREME COURT, 8 HIGH COURTS (WITH 6 BRANCHES), 50 DISTRICT COURTS (WITH 242 BRANCHES AND LOCAL OFFICES), 50 FAMILY COURTS (WITH 338 BRANCHES AND LOCAL OFFICES), AND 575 SUMMARY COURTS. THE CHIEF JUSTICE IS APPOINTED BY THE EMPEROR, AND OTHER JUSTICES AND JUDGES ARE APPOINTED BY THE CABINET. THE COURTS OF FIRST INSTANCE IN MOST CRIMINAL CASES ARE THE DISTRICT COURTS AND THE SUMMARY COURTS. THE LATTER HANDLE MINOR CASES. APPEALS MAY BE DIRECTED TO THE HIGH COURT AND THEN TO THE SUPREME COURT. CRIMINAL CASES ARE DISPOSED OF EITHER THROUGH FORMAL TRIAL PROCEEDINGS OR SUMMARY PROCEEDINGS. IN 1975, 94.1 PERCENT OF THE 2,306,618 PERSONS PROSECUTED WERE SENTENCED THROUGH SUMMARY PROCEEDINGS. THE CHARACTERISTICS AND PROCEDURES OF FORMAL TRIALS IN A CRIMINAL CASE ARE REVIEWED, INCLUDING OPENING PROCEEDINGS, EXAMINATION OF EVIDENCE, AND CLOSING STATEMENTS. SENTENCING PRACTICES AND PENALTIES ARE REVIEWED, WITH REFERENCE TO REASONS BEHIND THE RELATIVELY LOW LEVEL OF SENTENCING DISPARITY IN JAPAN. RULES OF CRIMINAL PROCEDURE AIMED AT ASSURING SPEEDY TRIALS ARE CITED AND DISCUSSED. THE FOLLOWING CHARACTERICTICS OF JAPANESE CRIMINAL PROCEDURE ARE REVIEWED: EMPHASIS ON THE ADVERSARY PARTY PRINCIPLE, I.E., PROCEDURES INITIATED BY THE PARTIES, WITH THE COURT PLAYING THE ROLE OF IMPARTIAL UMPIRE; SUSPENSION OF JURY TRIALS; AND THE COMBINATION OF FACT-FINDING AND SENTENCING PROCEEDINGS IN A ONE-PHASE SYSTEM. THE HANDLING OF JUVENILE CASES IN FAMILY COURTS IS DESCRIBED BRIEFLY. (LM)