NCJ Number
99754
Journal
Crime and Delinquency Volume: 31 Issue: 4 Dated: (October 1985) Pages: 601-629
Date Published
1985
Length
30 pages
Annotation
This article documents criminal and civil case processing in the Japanese justice system, including arrest, detention, prosecution, and adjudication.
Abstract
The first section outlines three means by which cases enter the system, presents crime statistics and clearance rates for 1982, and considers police discretion. The second section traces the processes of detention and prosecution, with emphasis on the broad discretionary powers of the prosecutor in determining who will be detained and where, and whether cases will be prosecuted or suspended. The high rate of suspension is noted and discussed. The third section outlines the multitiered court system and describes the summary procedure by which a judge makes an in-camera determination of a suspect's guilt and sentence without requiring an appearance by the suspect or prosecutor. The usual trial procedures are enumerated. These include a modified public trial, with shortcut rules of evidence and less written work; trial with a single presiding judge; and trial with a discretionary or mandatory panel of judges (usually used in disputed cases). Also discussed are distinctive features of adjudications, including the use of capital punishment, the low acquittal rate, and the low imprisonment rate. Prison conditions are briefly noted. A comparative note, a flowchart of case processing, and 23 notes.