OUTLINE OF CRIMINAL JUSTICE IN JAPAN

• NCJ Number: 62664
• Author(s): ANON
• Date Published: 1977
• Length: 58 pages
• Corporate Author: Japan Supreme Court
• Sale Source: National Institute of Justice/
• Publication Type: Statistics
• Language: English
• Country: Japan

Annotation

JAPANESE COURTS AND CRIMINAL JUSTICE PROCEDURES UNDER THE POST-WORLD WAR II CONSTITUTION ARE DISCUSSED AND COMPARED WITH THEIR COUNTERPARTS UNDER THE OLD CONSTITUTION. CRIME DATA FOR 1938-1976 ARE INCLUDED.

Abstract

JAPANESE COURTS ARE NOW EMPOWERED TO DETERMINE THE CONSTITUTIONALITY OF ANY LAW AND HAVE OBTAINED INDEPENDENCE FROM THE EXECUTIVE BRANCH; ADMINISTRATIVE SUPERVISION OF COURTS NOW LIES WITH THE SUPREME COURT RATHER THAN WITH THE MINISTER OF JUSTICE. COURT JURISDICTIONS, NUMBER OF COURTS, AND JUDGES UNDER THE OLD CONSTITUTION ARE COMPARED WITH THOSE UNDER THE NEW STATUTES. A NEW PENAL CODE AND CODE OF CRIMINAL PROCEDURE WERE ENACTED IN 1949 DUE TO THE CHANGE IN THE EMPEROR'S STATUS, ABROGATION OF THE STATE'S RIGHT TO GO TO WAR, INSTITUTION OF EQUALITY OF THE SEXES UNDER LAW, AND NEW GUARANTEES OF PEOPLE'S RIGHTS IN ARREST AND TRIAL. A LIST OF TRIAL AND ARREST STIPULATIONS IS INCLUDED. ALTHOUGH SOME CRIMES DECREASED AFTER THE WAR, ROBBERY, LARCENY, FRAUD, AND JUVENILE VIOLENCE INCREASED SIGNIFICANTLY. WITH POSTWAR IMPROVEMENTS, ALL BUT JUVENILE CRIME BEGAN TO DIMINISH. HOWEVER, TRAFFIC, FIREARMS, AND NARCOTICS CRIMES CONTINUE TO CAUSE PROBLEMS. AS JURIES ARE NOT USED IN TRIALS, JUDGES HAVE GREAT DISCRETION IN SENTENCING AND MUST FIND FACTS AND CONDUCT EXAMINATIONS OF EVIDENCE. BUT JUDGES SELDOM SENTENCE TO THE MAXIMUM ALLOWED, AND SUSPENDED SENTENCES OR PROBATION ARE COMMON. UNLIKE THE U.S. AND BRITAIN, ACQUITTALS ARE RARE DUE TO PRUDENCE IN TAKING PUBLIC ACTION, FEWER RESTRICTIONS ON EVIDENCE ADMISSIBILITY, AND COURT-INITIATED EVIDENCETAKING IN LIEU OF SATISFACTORY PROSECUTION EVIDENCETAKING. RATES OF APPEALS AND RESTRICTIONS GOVERNING THEM AND PROSECUTION ARE ALSO DISCUSSED. PRACTICAL RESULTS OF THE NEW CODE OF CRIMINAL PROCEDURE INCLUDE PUBLIC TRIALS IN THE FIRST INSTANCE, CHANGES IN APPEALS PROCEDURE, INCREASES IN THE NUMBER OF WITNESSES CALLED AT TRIAL, AND GUARANTEES OF EQUALITY BETWEEN THE STATE AND INDIVIDUALS IN LITIGATION. PICTURES, TABULAR DATA, AND CHARTS ARE INCLUDED. (PAP)