NCJ Number
74384
Date Published
1980
Length
6 pages
Annotation
Japan's public prosecutor and volunteer probations systems are described, and problems likely to attend efforts to replicate them in Australia are identified.
Abstract
Australia's examination of Japan's public prosecutor system was prompted by Australia's need to expedite court hearings. In Japan, speed in court hearings has been helped by using summary procedures in which a defendant admits the offense or raises no objection to the procedure in cases where the fine would be less than $900. The public prosecutor discusses the case with the offender and recommends the fine. A summary court imposes the fine after a review of documents referred to it by the prosecutor's office; invariably the fine recommended by the public prosecutor is imposed. The defendant may apply for a formal trial within 14 days of receipt of the notification of the summary order. The prosecutorial discretion involved in this procedure is viewed as being unacceptable in Australia, because the prosecutors are for the most part police officers, and the placement of discretion in impartial and independent courts is emphasized. The Japanese emphasis on narrowing points of conflict between the public prosecutor and defense counsel prior to trial could be well placed in Australia, where a 'not guilty' plea mandates a total adversarial posture between defense and prosecution. The use of volunteer probation officers in Japan to reduce the caseloads of professional officers appears to work well, largely because of generally close community ties with offenders. There is little use of volunteers in probation in Australia. The mechanics of such a system would be unwieldy in Australia, because of the difficulty of professional supervision over volunteers, due to centralized probation offices. For related articles, see NCJ 74380.