The Japanese Way of Justice: Prosecuting Crime in JapanOxford University Press, 6. dec. 2001 - 344 strani Criminal proceedings in which people can lose life, liberty, or reputation tell us a great deal about the character of any society. In Japan, it is prosecutors who wield the greatest control over these values and who therefore reveal most clearly the character of the Japanese way of justice. In this book, David T. Johnson portrays Japanese prosecutors at work; the social, political, and legal contexts that enable and constrain their actions; and the content of the justice thereby delivered. Johnson is the first researcher, Japanese or foreign, to gain access to the frontline prosecutors who charge cases and the backstage prosecutors who manage and direct them. He shows that prosecutors in Japan frequently harmonize to imperlatives of justice that Americans often regard as irreconcilable: the need to individualize cases alike. However, their capacity to correct offenders and to obtain contrite, complete confessions from criminal suspects. Johnson argues that this extreme reliance on confessions occasionally leads to extreme efforts to extract them. Indeed, much of the most disturbing prosecutor behavior springs directly or indirectly from the system's inordinate dependence on admissions of guilt. 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. Clearly written and skillfully argued, this comparative analysis will be of interest to students of Japan, criminology, and law and society. It illuminates unexplored realms in Japan's criminal justice system while challenging readers to examine their assumptions about how crime should be prosecuted in their own systems of criminal justice. |
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3 | |
The Contexts of Japanese Justice | 19 |
The Content of Japanese Justice | 145 |
Conclusion | 277 |
The Survey Prosecutors Attitudes and Activities | 281 |
289 | |
315 | |
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acquittal agreed American prosecutors appeal argued arrest asked attorneys authority believe cause chapter charge chief claim committed comparative confessions consider consistency conviction conviction rate correction countries course court crime criminal justice critical culture cutors deciding decisions defense lawyers described difficult discretion District dossiers drug effect especially evidence example executives explain fact four give important indictment individual influence interrogation investigation Japan Japanese criminal Japanese prosecutors judges jury kessai least less major managers means objective obtain offenders operators organization percent perform person police political practice present pressure problem procedure procuracy procuracy’s prose prosecution punishment questions reasons reflect reform regard rehabilitation remorse reports respect response result role sentence serious statements survey suspects suspend prosecution tion Tokyo treat trial truth United victims
Priljubljeni odlomki
Stran 3 - Therein is the most dangerous power of the prosecutor: that he will pick people that he thinks he should get, rather than pick cases that need to be prosecuted. With the law books filled with a great assortment of crimes, a prosecutor stands a fair chance of finding at least a technical violation of some act on the part of almost anyone.
Stran 3 - The prosecutor has more control over life, liberty, and reputation than any other person in America.
Stran 3 - America. His discretion is tremendous. He can have citizens investigated and, if he is that kind of person, he can have this done to the tune of public statements and veiled or unveiled intimations. Or the prosecutor may choose a more subtle course and simply have a citizen's friends interviewed. The prosecutor can order arrests, present cases to the grand jury in secret session, and on the basis of his one-sided presentation of the facts, can cause the citizen to be indicted and held for trial....
Stran 3 - ... to be indicted and held for trial. He may dismiss the case before trial, in which case the defense never has a chance to be heard. Or he may go on with a public trial. "If he obtains a conviction, the prosecutor can still make recommendations as to sentence, as to whether the prisoner should get probation or a suspended sentence, and after he is put away, as to whether he is a fit subject for parole.