NCJ Number
77251
Date Published
1980
Length
31 pages
Annotation
This booklet summarizes a seminar looking at criminal justice in Japan, prosecutorial powers and discretion in Japan and the United States, and safeguards against the abuse of prosecutorial powers.
Abstract
An introduction outlines the basics of the Japanese criminal justice system and briefly compares the systems of Japan and the United States, pointing out the differences that bring into question Japan's defense of human rights, deliverance of justice, and applicability to the United States criminal justice system. The role of the prosecutor in Japan is highlighted from among panels' and seminar speakers' remarks, with attention given to Japanese prosecutorial powers and responsibilities, the common need in Japan for prosecutorial discretion, the status of the prosecutor as a government official, and the safeguards effected in Japan against abuse of prosecutorial powers. Consideration is then given to problems involved in exercising prosecutorial discretion in the United States. Seminar questions address whether or not a prosecutor is penalized for making an incorrect decision to prosecute, the extent to which the defense attorney is permitted discovery of the government's case against his client before trial, and whether Japan would consider the institution of immunity, at least for specific types of cases where infiltration into an organization is required. Concluding remarks compare Japanese and American systems and their cross-applicability. Workshop topics are mentioned, and eight references, speaker profiles, and a seminar agenda are provided.