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| Author | : Masahiro Fujita |
| Publisher | : Springer |
| Total Pages | : 282 |
| Release | : 2018-07-04 |
| Genre | : Law |
| ISBN | : 9811003386 |
Download Japanese Society and Lay Participation in Criminal Justice Book in PDF, ePub and Kindle
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.
| Author | : Andrew Watson |
| Publisher | : Springer |
| Total Pages | : 177 |
| Release | : 2016-10-26 |
| Genre | : Social Science |
| ISBN | : 3319350773 |
Download Popular Participation in Japanese Criminal Justice Book in PDF, ePub and Kindle
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.
| Author | : Erik Herber |
| Publisher | : Routledge |
| Total Pages | : 268 |
| Release | : 2019-02-18 |
| Genre | : Law |
| ISBN | : 1351602330 |
Download Lay and Expert Contributions to Japanese Criminal Justice Book in PDF, ePub and Kindle
This book examines the little or not previously researched roles and contributions of non-legal professionals in Japanese criminal justice against the background of recent social and legal changes that either gave birth to or affected the roles played by these "outsiders". On the basis of a wealth of primary and secondary sources, including meeting records of policy makers and practitioners, surveys, interviews and court verdicts, the book zooms in on forensic psychiatrists’ role in the disappearance of criminally insane defendants from Japanese criminal courts; social workers’ new role in diverting a growing number of elderly, mentally disturbed repeat offenders from prison; the therapeutic dimension added to Japanese criminal justice proceedings with the introduction of a system of victim participation as well as the increasingly important role of forensic scientists’ contributions, notably DNA evidence, in Japanese courts. Finally, it examines lay judges’ contributions to sentencing practices as well as how these lay judges make sense of the other outsiders’ contributions. On the basis of very recent social and legal developments the book provides an original contribution to understandings of Japanese criminal justice, as well as more general socio-legal debates on the role of extra-legal knowledge in criminal justice. The book will be of value within BA and MA level courses on and to students and researchers of Japanese law and society as well as comparative criminal justice and socio-legal theory.
| Author | : Leon Wolff |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 235 |
| Release | : 2015-04-30 |
| Genre | : Law |
| ISBN | : 1784717495 |
Download Who Rules Japan? Book in PDF, ePub and Kindle
The dramatic growth of the Japanese economy in the postwar period, and its meltdown in the 1990s, has attracted sustained interest in the power dynamics underlying the management of Japanês administrative state. Scholars and commentators have long deba
| Author | : Dimitri Vanoverbeke |
| Publisher | : Routledge |
| Total Pages | : 233 |
| Release | : 2015-04-10 |
| Genre | : Social Science |
| ISBN | : 1317487346 |
Download Juries in the Japanese Legal System Book in PDF, ePub and Kindle
Trial by jury is not a fundamental part of the Japanese legal system, but there has been a recent important move towards this with the introduction in 2009 of the lay assessor system whereby lay people sit with judges in criminal trials. This book considers the debates in Japan which surround this development. It examines the political and socio-legal contexts, contrasting the view that the participation of ordinary citizens in criminal trials is an important manifestation of democracy, with the view that Japan as a society where authority is highly venerated is not natural territory for a system where lay people are likely to express views at odds with expert judges. It discusses Japan’s earlier experiments with jury trials in the late 19th Century, the period 1923-43, and up to 1970 in US-controlled Okinawa, compares developing views in Japan on this issue with views in other countries, where dissatisfaction with the jury system is often evident, and concludes by assessing how the new system in Japan is working out and how it is likely to develop.
| Author | : Rieko Kage |
| Publisher | : Cambridge University Press |
| Total Pages | : 279 |
| Release | : 2017-10-12 |
| Genre | : Law |
| ISBN | : 1107194695 |
Download Who Judges? Book in PDF, ePub and Kindle
Who Judges? is the first book to explain why different states design their new jury systems in markedly different ways.
| Author | : Jianhong Liu |
| Publisher | : Springer |
| Total Pages | : 352 |
| Release | : 2017-12-15 |
| Genre | : Social Science |
| ISBN | : 331969359X |
Download Crime and Justice in Contemporary Japan Book in PDF, ePub and Kindle
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.
| Author | : Sanja Kutnjak Ivković |
| Publisher | : Cambridge University Press |
| Total Pages | : 380 |
| Release | : 2021-07-29 |
| Genre | : Law |
| ISBN | : 110892297X |
Download Juries, Lay Judges, and Mixed Courts Book in PDF, ePub and Kindle
Although most countries around the world use professional judges, they also rely on lay citizens, untrained in the law, to decide criminal cases. The participation of lay citizens helps to incorporate community perspectives into legal outcomes and to provide greater legitimacy for the legal system and its verdicts. This book offers a comprehensive and comparative picture of how nations use lay people in legal decision-making. It provides a much-needed, in-depth analysis of the different approaches to citizen participation and considers why some countries' use of lay participation is long-standing whereas other countries alter or abandon their efforts. This book examines the many ways in which countries around the world embrace, reject, or reform the way in which they use ordinary citizens in legal decision-making.
| Author | : David T. Johnson |
| Publisher | : Springer Nature |
| Total Pages | : 139 |
| Release | : 2019-11-18 |
| Genre | : Social Science |
| ISBN | : 3030320863 |
Download The Culture of Capital Punishment in Japan Book in PDF, ePub and Kindle
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.
| Author | : Matthew J. Wilson |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 200 |
| Release | : 2015-08-28 |
| Genre | : Law |
| ISBN | : 1783479191 |
Download Japan and Civil Jury Trials Book in PDF, ePub and Kindle
With effective solutions in both criminal and civil disputes at a premium, reformers have advanced varied forms of jury systems as a means of fostering positive political, economic, and social change. Many countries have recently integrated lay partici
