CRIMINAL JUSTICE ADAPTATIONS AND INNOVATIONS IN JAPAN (FROM INNOVATIONS IN CRIMINAL JUSTICE IN ASIA AND THE PACIFIC, 1979, BY WILLIAM CLIFFORD AND S D GOKHALE SEE NCJ-60211)

• NCJ Number: 60222
• Author(s): W CLIFFORD
• Date Published: 1979
• Length: 14 pages
• Corporate Author: Australian Institute of Criminology
• Publication Format: Document
• Language: English
• Country: Australia

Annotation

THIS ARTICLE DESCRIBES JAPAN'S CRIMINAL JUSTICE SYSTEM AS A SPECIAL MIXTURE OF INCORPORATED WESTERN LAW, INDIGENOUS ADAPTATION, AND A MUTATION OF PRINCIPLES IN PRACTICE.

Abstract

PRIOR TO THE MEIJI RESTORATION OF 1868, JAPANESE LAW WAS A MELANGE OF SOCIAL, ETHICAL, AND RELIGIOUS RULES. THE MEIJI ERA MARKED THE OPENING UP OF JAPAN TO WESTERN TRADE, CULTURE, AND TECHNOLOGY. AS IT BECAME APPARENT THAT JAPAN HAD FARED POORLY IN ITS TREATIES WITH THE WEST, THE GOVERNMENT SENT STUDENTS TO BE TRAINED IN WESTERN LEGAL SYSTEM. IN THE 1880'S, THE COUNTRY INTRODUCED A CODE OF LAWS AND A CONSTITUTION BASED ON WESTERN PRINCIPLES. ALTHOUGH ALL ASPECTS OF THE JAPANESE CRIMINAL JUSTICE SYSTEM CAME TO BE BASED ON WESTERN CRIMINAL JUSTICE SYSTEMS AND EVEN THOUGH CONSTANT REFORMS HAVE BEEN MADE TO THE SYSTEM, THE SYSTEM CONTINUES TO REFLECT UNDERLYING JAPANESE TRADITIONS AND BELIEFS. MUCH OF THE PEACEKEEPING DISPUTE SETTLEMENT FUNCTION REMAINS IN THE COUNTRY'S SYSTEM AS OPPOSED TO THE SERVICE OF ABSTRACT JUSTICE. FOR EXAMPLE, JAPANESE POLICE RESOLVE DISPUTES SO THAT THE COURTS NEED NOT BE INVOLVED. THE THE COMMUNITY'S SENSE OF HONOR TO KEEP RESIDENTS FROM COMMITTING CRIMES. THE HEART OF THE CRIMINAL JUSTICE SYSTEM IS FOUND IN ITS PUBLIC PROSECUTORS WHO NOT ONLY PROSECUTE ALL CASES AND WORK FOR THE PROSECUTOR GENERAL WHO SETS POLICY THROUGHOUT THE COUNTRY, BUT ALSO STAFF AND SUPERVISE ALL MINISTRY OF JUSTICE DEPARTMENTS INCLUDING THE POLICE, COURTS, AND CORRECTIONS AGENCIES. NOTES ARE PROVIDED. (KCP)