By David T. Johnson
Prosecutors have extra regulate over lifestyles, liberty, and attractiveness than any association in Japan. sarcastically, this proposition elicits common contract yet few critical efforts to discover its motives, results, or value. The irony makes the procuracy a bit just like the climate: every body discusses it yet nobody does whatever approximately it.
This is the 1st booklet in English to research how Japan's 2000 prosecutors workout their bold powers. It paints an empirical comic strip of prosecutors at paintings, the contexts within which they examine, cost, and check out situations, and the content material of the selections thereby rendered. seeing that prosecutors wield mammoth discretion at each level of the felony method, and because legal lawsuits represent one of many relevant signs of the nature of a society, this research deals a window onto Japan. because this e-book is comparative, mainly with the us, it additionally provides insights into American legislations and society.
The jap method of justice is largely made up our minds incidentally prosecutors practice their jobs. If justice skill making an allowance for the wishes and conditions of person suspects, then prosecutors in Japan needs to obtain greater marks than their American opposite numbers. If justice implies treating like circumstances alike, then the capability of Japan's procuracy to take action is outstanding certainly. If justice should still advertise therapeutic, not only punishment, then jap prosecutors has to be reckoned extra restorative than prosecutors within the usa. And if justice is determined by uncovering and clarifying the reality, then readers will realize how primary this maxim is deemed in Japan. In those methods and extra, the japanese manner of justice is uncommonly simply.
Yet this account uncovers critical defects in addition. In processing intercourse offenders, for instance, jap prosecutors repeatedly and disrespect the sentiments of lady sufferers. of their ardour for retaining excessive conviction premiums, prosecutors sacrifice the pursuits of sufferers who yearn to be heard in open courtroom. of their insulation from political and public scrutiny, prosecutors occasionally appear unaccountable to valid authority and effect. And of their zeal to procure the reality via confessions, a few prosecutors plea cut price, general practitioner file, and behavior brutal interrogations, all of that are unlawful in Japan.
Japan is some distance from the U.S.. This booklet demonstrates that during many concerns of legal justice they're assorted worlds.