Download or read book A Cultural Defense of the Japanese Criminal Justice System written by Mark C. Gillespie and published by . This book was released on 2017 with total page 142 pages. Available in PDF, EPUB and Kindle. Book excerpt: Criminal justice in Japan is often viewed from a Western standpoint as being strict and in some ways problematic. While many studies make mention of the peculiarities of the Japanese criminal justice system, very few have attempted to explain these peculiarities or to examine the system in context. The aim of this work is to demonstrate that while some criticism of criminal justice in Japan is warranted, much of it is based on an inadequate understanding of Japanese culture. The Japanese people respect authority and value social harmony (including the avoidance of conflict) to a much greater degree than do most Westerners; many of the perceived problems with their justice system (such as high conviction and confession rates) are a direct result of these cultural trends. Japanese citizens view law enforcement positively and crime very negatively, and they are more concerned with maintaining a harmonious society than with exercising individual rights. Although the system does contain real issues (such as police that do not inform suspects of their rights and excessive detention of suspects before indictment), it is not abusive or totalitarian, and it reflects social values and practices that the Japanese themselves agree with. The Japanese criminal justice system is not perfect, but it is efficient, fair, and in many ways more sensitive to Japanese cultural principles than is the Western view of justice.
Download or read book The Japanese Way of Justice written by David Ted Johnson and published by Oxford University Press, USA. This book was released on 2002 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: The major achievements of Japanese criminal justice are thus inextricably intertwined with its most notable defects, and efforts to fix the defects threaten to undermine the accomplishments."--BOOK JACKET.
Download or read book Japanese Society and Lay Participation in Criminal Justice written by Masahiro Fujita and published by Springer. This book was released on 2018-07-04 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book describes the state of the lay participation system in criminal justice, saiban-in seido, in Japanese society. Starting with descriptions of the outlines of lay participation in the Japanese criminal justice system, the book deals with the questions of what the lay participants think about the system after their participation, how the general public evaluate the system, whether the introduction of lay participation has promoted trust in the justice system in Japan, and the foci of Japanese society’s interest in the lay participation system. To answer these questions, the author utilizes data obtained from social surveys of actual participants and of the general public. The book also explores the results of quantitative text analyses of newspaper articles. With those data, the author describes how Japanese society evaluates the implementation of the system and discusses whether the system promotes democratic values in Japan.
Download or read book Crime and Justice in Two Societies written by Ted D. Westermann and published by Wadsworth Publishing Company. This book was released on 1991 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Cultural Defense written by Alison Dundes Renteln and published by Oxford University Press, USA. This book was released on 2005 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publisher's description: In a trial in California, Navajo defendants argue that using the hallucinogen peyote to achieve spiritual exaltation is protected by the Constitution's free exercise of religion clause, trumping the states' right to regulate them. An Ibo man from Nigeria sues Pan American World Airways for transporting his mother's corpse in a cloth sack. Her arrival for the funeral face down in a burlap bag signifies death by suicide according to the customs of her Ibo kin, and brings great shame to the son. In Los Angeles, two Cambodian men are prosecuted for attempting to eat a four month-old puppy. The immigrants' lawyers argue that the men were following their own "national customs" and do not realize their conduct is offensive to "American sensibilities." What is the just decision in each case? When cultural practices come into conflict with the law is it legitimate to take culture into account? Is there room in modern legal systems for a cultural defense? In this remarkable book, Alison Dundes Renteln amasses hundreds of cases from the U.S. and around the world in which cultural issues take center stage-from the mundane to the bizarre, from drugs to death. Though cultural practices vary dramatically, Renteln demonstrates that there are discernible patterns to the cultural arguments used in the courtroom. The regularities she uncovers offer judges a starting point for creating a body of law that takes culture into account. Renteln contends that a systematic treatment of culture in law is not only possible, but ultimately more equitable. A just pluralistic society requires a legal system that can assess diverse motivations and can recognize the key role that culture plays in influencing human behavior. The inclusion of evidence of cultural background is necessary for the fair hearing of a case.
Download or read book Crime and Justice in Contemporary Japan written by Jianhong Liu and published by Springer. This book was released on 2017-12-15 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an important overview of key criminology and criminal justice concerns in Japan. It highlights similarities between the practice of criminology research in Japan, as well as important differences, with other areas of Asia and with the West. In previous decades, Japan attracted international attention as the only industrialized country where the crime rate declined along with a rise in urbanization and economic development. Currently, Japan still enjoys a declining crime rate (the lowest among major industrialized countries) and a study of criminal justice practices in Japan may provide important insights for other regions. Japan also experiences important contemporary challenges which are shared by other regions: 1. Japan has the highest proportion of people over the age of 60 in the world. For criminology, this means key challenges in the victimization of older people, as well as the challenges of an aging prison population. 2. Besides the United States, Japan is the only developed country that still practices capital punishment, and its rate has been on the rise in the past 20 years. 3. Japan has also introduced new reforms in its law practice, including the introduction of new trial formats. The research in this book provides a helpful overview for scholars interested in criminology and criminal justice in Japan to understand the key issues of concern, and present a framework for future research needs. It will be of interest to researchers in criminology and criminal justice, international studies, Asian Studies, sociology, and political science.
Download or read book Japanese Criminal Justice written by A Didric Castberg and published by Praeger. This book was released on 1990-12-11 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: Japan enjoys a crime rate drastically lower than any other industrialized nation. Her drug problem is insignificant next to that of the United States. Didrick Castberg's volume offers a comprehensive look at the much admired, often misunderstood, Japanese criminal justice system. He analyses the system's institutions and personnel and presents case studies of its processes. The comparison of Japanese and U.S. systems facilitates English-speaking readers in understanding the otherwise perplexing Japanese system. Castberg's conclusion: very little of the Japanese system is adaptable to the U.S. or any other country. Its success is rooted in Japanese culture and dependent on the Japanese psyche. Without competition, this comparative volume provides the first overall view of the Japanese criminal justice system. Chapters cover law enforcement, legal education, prosecution, defense, the judiciary, and corrections. Japanese Criminal Justice is an essential addition to the personal libraries of criminal justice scholars as well as students of Japanese culture.
Download or read book The Culture of Capital Punishment in Japan written by David T. Johnson and published by Springer Nature. This book was released on 2019-11-18 with total page 139 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book provides a comparative perspective on capital punishment in Japan and the United States. Alongside the US, Japan is one of only a few developed democracies in the world which retains capital punishment and continues to carry out executions on a regular basis. There are some similarities between the two systems of capital punishment but there are also many striking differences. These include differences in capital jurisprudence, execution method, the nature and extent of secrecy surrounding death penalty deliberations and executions, institutional capacities to prevent and discover wrongful convictions, orientations to lay participation and to victim participation, and orientations to “democracy” and governance. Johnson also explores several fundamental issues about the ultimate criminal penalty, such as the proper role of citizen preferences in governing a system of punishment and the relevance of the feelings of victims and survivors.
Download or read book Crime and Criminal Policy in Japan written by Minoru Shikita and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 454 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Showa Era in Japan commenced in December 1926, when Emperor Showa ascended the Throne, and came to an end in January 1989, when His Majesty passed away, ushering in the new Heisei Era. The Showa Era was marked by drastic changes in the economy, society, and political and legal sys tems, which brought about an ebb and flow in criminality and precipitated various criminal policies. From an economical, political, and criminological perspective, the Showa Era stands out as a remarkable period in Japanese his tory. The Research and Training Institute of the Ministry of Justice, which has annually published the White Paper on Crime in Japan since 1960, received Cabinet approval to introduce a special topic section, "Criminal Policy in Sho wa" in the White Paper for 1989, which was published in October the same year. This White Paper is the first comprehensive publication that deals not only with the crime situation but also with the various activities of the criminal justice system, including the police, public prosecutors' offices, courts, correctional institutions, and probation and parole supervision organisations for 63 years.
Download or read book The Japanese Adversary System in Context written by M. Feeley and published by Palgrave Macmillan. This book was released on 2002-07-16 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Japanese legal system is at a crossroads. The contributors to this book explore the most important features of the adversary process as it works in the Japanese criminal justice system. Topics include the right to remain silent, wire tapping, the role of defence counsel, plea bargaining, the power of prosecutors, juvenile justice and judicial independence. Many of the essays seek comparison with practices in Anglo-American countries.
Download or read book Outline of Criminal Justice in Japan written by Japan. Saikō Saibansho and published by . This book was released on 1975 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Why is There Less Crime in Japan written by Kinko Satō and published by . This book was released on 1984 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Comparative Law written by Kenneth L. Port and published by . This book was released on 1996 with total page 854 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Recent Development in the Field of Criminal Justice in Japan written by Japan. Saikō Saibansho. Keijikyoku and published by . This book was released on 1950 with total page 70 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Official Responses to Problem Juveniles written by Jim Hackler and published by . This book was released on 1991 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Popular Participation in Japanese Criminal Justice written by Royal Society Research Professor at the University of East Anglia Andrew Watson and published by Palgrave MacMillan. This book was released on 2018-11-18 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the mixed courts of professional and lay judges in the Japanese criminal justice system. It takes a particular focus on the highly public start of the mixed court, the saiban-in system, and the jury system between 1928-1943. This was the first time Japanese citizens participated as decision makers in criminal law. The book assesses reasons for the jury system's failure, and its suspension in 1943, as well as the renewed interest in popular involvement in criminal justice at the end of the twentieth century. Popular Participation in Japanese Criminal Justice proceeds by explaining the process by which lay participation in criminal trials left the periphery to become an important national matter at the turn of the century. It shows that rather than an Anglo-American jury model, outline recommendations made by the Japanese Judicial Reform Council were for a mixed court of judges and laypersons to try serious cases. Concerns about the lay judge/saiban-in system are raised, as well as explanations for why it is flourishing in contemporary society despite the failure of the jury system during the period 1928-1943. The book presents the wider significance of Japanese mixed courts in Asia and beyond, and in doing so will be of great interests to scholars of socio-legal studies, criminology and criminal justice.
Download or read book The Cultural Defense written by Alison Dundes Renteln and published by Oxford University Press. This book was released on 2004-01-15 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: In what ways and to what extent should cultural background be taken into consideration in response to legal problems? The first book-length study of the topic, The Cultural Defense provides a comprehensive overview of the debate surrounding the admissibility of cultural evidence in the courtroom. Documenting an extraordinary range of cases in which individuals have attempted to invoke a cultural defense, this book provides an in-depth look at the complexities of invoking cultural arguments in the diverse bodies of law under which the cases fall. Cases considered include homicide and rape prosecutions, child abuse cases, drug use cases, the treatment of animals, and custody battles. Disputing current practices, Renteln contends that the cultural defense should, in both criminal and civil matters, be given formal recognition.
