NCJ Number
58443
Date Published
1978
Length
12 pages
Annotation
ANY USE OF DISCRETION BY A PROSECUTOR IS ACCOMPANIED BY A RISK OF ABUSE. THIS PAPER EXAMINES THE OPERATIONS OF THE JAPANESE SYSTEM OF SUSPENSION OF PROSECUTION BY ANALYZING DATA FROM 1967 TO 1976.
Abstract
PROSECUTORIAL DISCRETION WAS DESIGNED TO REDUCE THE NUMBER OF CASES BEING HEARD BEFORE THE COURTS AND THEREBY SAVE TIME AND MONEY. HOWEVER, IF IT HAD NOT BEEN FOR AN UNDERLYING POLICY OF OFFENDER REHABILITATION THIS SYSTEM WOULD NOT HAVE SURVIVED THE PROFESSIONAL CRITICISM AND PUBLIC FEAR WHICH WERE PRESENT. PROPONENTS ARGUED THAT THIS PRACTICE FACILITATES REHABILITATION. THE PERCENTAGE OF CASES IN WHICH PROSECUTION WAS SUSPENDED, FROM 1967 THROUGH 1976, HAS RANGED FROM 10 PERCENT IN 1976 TO 18.6 PERCENT IN 1969. ARTICLE 248 OF THE JAPANESE CODE OF CRIMINAL PROCEDURE ESTABLISHES THREE BROAD CATEGORIES OF FACTORS WHICH PROSECUTORS CAN USE IN SUSPENDING PROSECUTION: (1) CHARACTER, AGE, AND ENVIRONMENT OF THE OFFENDER; (2) GRAVITY AND CIRCUMSTANCE OF THE OFFENSE; AND (3) CONDITIONS SUBSEQUENT TO COMMISSION OF THE CRIME. ONCE THE DECISION IS REACHED TO SUSPEND PROSECUTION, PROSECUTORS WORK WITH OFFENDERS AND OTHERS TO ENSURE SUCCESSFUL REHABILITATION. APPROPRIATE REHABILITATIVE SERVICES ARE PROVIDED. THE EFFECT OF THE RECIDIVISM RATE HAS BEEN EXAMINED. ANALYSIS OF A RANDOM SAMPLE OF 9,296 PERSONS, FROM A TOTAL OF APPROXIMATELY 246,000 PERSONS WHO WERE GRANTED SUSPENSION OF PROSECUTION IN 1964, FOUND THAT WHILE RESULTS ARE GENERALLY SATISFACTORY, THE RECIDIVISM RATE FOR SUCH PROPERTY OFFENSES AS THEFT, FRAUD, AND EXTORTION WERE CONSIDERABLY HIGHER THAN FOR OTHER CRIMES. AN EXAMINATION IS MADE OF CONTROLS PLACED ON THE PROSECUTOR'S RIGHT TO SUSPEND PROSECUTION; THE KEY CONTROL BEING THE INQUEST COMMITTEES. FOOTNOTES AND STATISTICAL TABLES WERE PROVIDED. (KCP)