JAPAN’S CRIMINAL JUSTICE SYSTEM 1
Japan Criminal Justice System
Caitlyn C. Blakely
Helms School of Government, Liberty University
Author Note
I have no known conflict of interest to disclose.
Correspondence concerning this article should be addressed to
Email:
JAPAN’S CRIMINAL JUSTICE SYSTEM 2
Japan Criminal Justice System (CJS)
Abstract
The comparative analysis of criminal justice systems across different nations facilitates
the examination of strategies employed by countries to uphold legal frameworks and ensure
societal order within their respective jurisdictions. However, when examining criminal justice
systems across different countries, it becomes evident that some components, such as an attorney
general, jails, law courts, magistrates, and law enforcement administrations, exhibit similarities.
According to various studies, the CJS in Japan shows a distinctive amalgamation of ideas
stemming from Romano-Germanic civil regulation, Anglo-American joint decree, and
indigenous Japanese legal traditions. This essay will comprehensively discover the criminal
justice system of Japan from the standpoint of a fictional character who undergoes arrest for
committing crimes in various countries. This research paper will thoroughly analyze the
individual's encounter with the criminal justice system.
JAPAN’S CRIMINAL JUSTICE SYSTEM 3
Introduction
The comparative analysis of criminal justice systems across the globe is a valuable tool in
discerning the various approaches nations employ to uphold legal frameworks and ensure
societal harmony within their territorial confines. When examining criminal justice systems
across different countries, one can identify cohesions in various components, including the
presence of an attorney general's office, correctional facilities, courts of law, judicial authorities,
and law prosecution agencies (Green, 2019). The Similarities between the criminal justice
systems of Japan and other countries may be drawn due to shared historical roots in shared
cultural, religious, and political paradigms. Japan's criminal justice system is characterized by a
unique blend of historical norms, the civil law traditions of countries like France and Germany,
and American-style common law concepts. (Feruza et al., 2022). This research essay will
comprehensively analyze and elucidate Japan's criminal justice system, employing a fictitious
criminal case as a conceptual framework. Besides, this hypothetical situation shall inspire the
potential encounter with the nation's law enforcement organizations, judicial structure, and
correctional facilities.
Country Analysis (Japan)
Japan, a nation around the size of California, is notable for its rugged topography, with
mountains making up about 82% of the landscape. In contrast, Japan may be found far to the east
of the Asian continent. Japan has shown it can grow a wide variety of crops despite the poor
fertility of its soil. About 95% of Japan's population comprises people of Japanese ancestry,
giving the country a high degree of homogeneity. According to research by Johnson and
Vanoverbeke (2020), Koreans make up the largest minority group in the nation. The Japanese
have contributed significantly to world industry, commerce, and technology after the expected
JAPAN’S CRIMINAL JUSTICE SYSTEM 4
conclusion of WWII, adding to their already rich historical and cultural history. Nearly fourteen
million people call Tokyo, Japan's capital, home (Young, 2022). However, when the surrounding
metropolitan region is included, the population increases to almost 39 million. Japan's capital and
largest city, Tokyo, is also a cultural and economic powerhouse worldwide.
Society and the People of Japan
Japan has a projected population of 125.6 million people, with 92 percent dwelling in
metropolitan areas, including Tokyo, Fukuoka, Kobe, Yokohama, Kawasaki, Kyoto, and Osaka.
The literacy rate in Japan is one of the highest in the world, contributing to the country's
reputation as a leader in education. According to Aburto et al. (2020), Japan has the second-
highest life expectancy rate in the world. People in Japan have a potential life expectancy of up
to 85 years. However, there is a notable gender disparity, with women having a higher life
expectancy of 88 years compared to males, who have an average life expectancy of 81 years. For
most of Japan's historical trajectory, the nation has maintained a state of isolation from global
interactions. Nevertheless, with the onset of the 20th century, Japan initiated a process of border
liberalization (Green, 2019). Japan is distinguished by its homogeneity because around 97% of
its populace comprises people of Japanese lineage. In comparison, the remaining 2% of its public
includes people who belong to various ethnic communities that originate from Asia. However, it
should be noted that Japan has implemented a strategy of increasing the admission of migrants
into the nation in response to its rapidly aging population despite this policy not being widely
supported.
In the context of religious practices in Japan, it is noteworthy to highlight that the
predominant faiths observed by the populace are Shintoism and Buddhism (Johnson &
Vanoverbeke, 2020). One salient feature of Japanese culture resides in the collective mindset,
JAPAN’S CRIMINAL JUSTICE SYSTEM 5
deeply ingrained in notions of homogeneity and adherence, wherein collective welfare
supersedes individual advantages. According to various studies, the Japanese populace does not
experience a profound sense of shame or guilt when confronted with their transgressions. This
aspect can be accredited to the cultural background, which does not instill a belief system that
assigns personal remorse for wrongdoing (Aburto et al., 2020). When engaging in a morally
incorrect act, an individual is more inclined to experience a profound sense of shame due to the
transgression of established norms within their social group or broader society. Therefore,
deviant behavior can be conceptualized as a deliberate divergence from the established social
norms that individuals are anticipated to adhere to. As a result, these standards are deeply
ingrained within the cultural fabric of a given nation.
Economy of Japan
Japan's rapid industrialization, surging domestic demand for commodities, and aggressive
trading policy contributed to the country's rapid acquisition of economic might in the days
leading up to WWII's expected end. That's why Japan has the world's third-highest GDP, just
behind the U.S. and Germany. Automobiles, steel, and technological goods, especially
electronics, have propelled the Japanese economy to the forefront of global supply chains
(Feruza et al., 2022). In recent years, the service industry in Japan has become an essential
contributor to GDP growth and job creation. Japan's dependence on an aggressive trading policy
directly results from the country's scarcity of natural resources such as coal, oil, and minerals.
Multiple studies have shown that the Japanese work ethic is widely recognized as competitive
and comparable to that of other capitalist countries.
JAPAN’S CRIMINAL JUSTICE SYSTEM 6
Law Enforcement and Transnational Issues
Transnational concerns encompass a range of criminal undertakings, like human
trafficking, drug smuggling, money laundering, and armaments trafficking. These illicit activities
transcend national borders, posing significant challenges for governing authorities in affected
countries. The phenomenon of transnational crime in Japan has emerged as a pressing concern
for the nation, prompting scrutiny of the government's response, which appears to exhibit a
certain degree of delay in its engagement with this matter (Johnson & Vanoverbeke, 2020).
Despite the government enacting legislation about the illicit activities of money laundering and
drug trafficking, law enforcement agencies have encountered significant impediments due to
legal limitations, curtailing their ability to investigate and redress the prevailing issues afflicting
the nation effectively (Young, 2022). Despite Japan's notable financial gift to the U.N.
Development Program's Afghan counternarcotics trust fund and its shared concerns about illicit
drug trade originating from North Korea, there remains an opportunity for Japan to enhance its
involvement in tackling international criminal activities such as money laundering, smuggling,
and illicit drug trade.
Japan and the United States Relations
The United States and Japan established diplomatic relations in the middle of the
nineteenth century. American involvement in World War II began with the Japanese air attack on
Pearl Harbor in 1941. The United States began its occupation of Japan after World War II ended
in 1945, a time defined by establishing and administrating a new administrative structure
(Schroeder, 2019). In 1952, the USA terminated its occupation of Japan, restoring regular
diplomatic relations between the two nations. Since the war's conclusion, Japan has emerged as a
significant ally of the United Nations in the Pacific region. The two nations are profoundly
JAPAN’S CRIMINAL JUSTICE SYSTEM 7
committed to various objectives, including promoting peace in the area, safeguarding political
and economic liberties, advancing human rights, and fostering prosperity for their respective
populations (Schroeder, 2019). The two nations cooperate to address the pressing challenges of
global terrorism and transnational criminal activities and effectively tackle various political,
security, and economic concerns in the Indo-Pacific region and beyond.
Government Structure of Japan and its Affiliation to the Criminal Justice System
A monarchy based on constitutional principles that mainly serve ceremonial purposes
rather than exercising actual political power best describes the political system in Japan. Emperor
Naruhito is the current monarch sitting on Japan's royal throne. The U.S. Constitution and the
British Parliament substantially impacted the Japanese constitutional structure, known as the
Showa Constitution (Green, 2019). The Showa Constitution of Japan clearly outlines the
allocation of powers among the three branches of government, namely the judiciary, the
legislature, and the executive bodies. The legislative branch, the Diet, is tasked with exercising
legislative power and comprises two chambers: the House of Members and the House of
Counsellors. The House of Counsellors is often recognized as the revered upper house, with 242
members officially chosen to serve for six years (Young, 2022). The House of Representatives,
as the lower legislative chamber, comprises 480 selected lawmakers who serve four-year terms.
According to various studies, it has a position of more significant influence and authority when
compared to its counterpart chamber. The selection of the Prime Minister is vested in the House
of Representatives, an entity that concurrently exercises control over the allocation of financial
resources.
Following the culmination of WWII, endeavors to disperse the authority of governmental
entities, including those responsible for law enforcement and education, proved unsuccessful,
JAPAN’S CRIMINAL JUSTICE SYSTEM 8
thereby consolidating the national government as the preeminent arbiter of decisions within the
nation (Young, 2022). Within the political landscape of Japan, it is pertinent to acknowledge the
existence of two additional manifestations of governance, namely the local and prefectural forms
of government. Prefectures in Japan, numbering 47, resemble the administrative divisions known
as counties in both British and American contexts. Like the French regions, these prefectures are
functional governance units within the Japanese organizational framework. Ultimately, the local
and area governments carry out the process of selecting governors, mayors, and gatherings.
Police
A police officer's primary duties are to participate in crime prevention and investigation,
conduct proactive patrols, ensure that traffic laws are followed, and detain those suspected of
committing crimes, as stated in Article 2 of the Police Law. The National Police Agency, which
the Prime Minister governs, is the overarching agency overseeing the centrally structured
Japanese police force (Johnson & Vanoverbeke, 2020). Although there is a national police force,
each prefecture police force in Japan is organized at the territorial level and has some autonomy.
As part of its occupation efforts to encourage greater civilian engagement following World War
II, the United States formed more than 1600 independent police units and public safety
commissions (Young, 2022). The National Police Agency was subsequently reinstated in 1954 as
a result of the autonomous police agency's very brief existence. To guarantee political
impartiality within the police force, the 1954 Police Law placed the Commission under the Prime
Minister's authority and charged it with overseeing the nation's police forces.
The Public Safety Commission oversees, manages, and synchronizes the operations
conducted by prefectural forces within its direct purview. Nevertheless, the Commission has a
limited level of regard for police administrators and their power, so it delegates the consultant of
JAPAN’S CRIMINAL JUSTICE SYSTEM 9
the police to the National Police Agency. The prefectural police force is organized into precincts,
which individual police stations oversee. These precincts are then further split into smaller units
known as police boxes or Kobans (Young, 2022). Kobans developed in the nineteenth century
and were placed in high-traffic, significant areas to handle law enforcement duties. Today's
Kobans are often located in densely populated regions, and police officers in such locations
conduct routine patrols. Helping the lost, taking in information from the public, mediating
disputes, and counseling people in need are just some of the many roles that kobans play (Young,
2022). The Koban plays a vital role in the Japanese police system, acting as a nerve center for
favorable and unfavorable opinions. The Koban is indispensable for Japan's crime-prevention
efforts because it works to win over the public and strengthen bonds between residents and law
enforcement.
Courts
The Japanese judicial system consists of the Supreme Court and other courts. There are
four tiers to the court system, with the lowest (Summary Courts) having the most excellent
jurisdiction. The Supreme Court possesses administrative and judicial duties, with 15 members,
including one Chief Justice and 14 associate justices. From a judicial standpoint, the Supreme
Court evaluates cases by assessing their constitutionality (Johnson & Vanoverbeke, 2020).
Throughout its history, the Court has infrequently rendered decisions that deem statutes to violate
the Constitution. Attorneys and procurators are subject to regulation by the Court through
establishing limitations and handling disciplinary matters within the judicial system. The
Japanese Supreme Court is also in charge of founding and directing educational and scientific
centers. Final rulings from lower courts, such as district family and summary courts, are subject
to scrutiny by higher courts on appeal (Feruza et al., 2022). The cases are decided by a panel of
JAPAN’S CRIMINAL JUSTICE SYSTEM 10
three judges sitting in the triumvirate. The district courts review appeals from lower courts and
make the final decisions in original civil, criminal, and administrative cases. The legal authority
of the family court minor criminal accusations, like traffic infractions and crimes that may result
in a less severe punishment, such as theft, are heard by summary courts, as are civil disputes with
a value of less than 1.4 million Yen. The issue may be transferred to district court if the Court
determines the inadequate sentencing guidelines (Heller & Dubber, 2020). Japan's judicial
system is founded on the same foundations of civil law as those of France and Germany.
In contrast to the conventional law system used in nations like the United States, this framework
emphasizes the implementation of individual legislation or regulations. Those accused of serious
crimes have the presumption of innocence unless proven guilty (Braun, 2019). Therefore, it is up
to the prosecutor to provide evidence that proves guilt. Despite instituting a modern legal system,
there is a lingering reluctance to use it for its intended purpose in Japan.
Corrections
Compared to other countries' criminal justice systems, Japan stands out. Retribution,
deterrence, isolation, and rehabilitation are some of the traditional goals of punishment (Young,
2022). However, many countries value one or more of these goals more than the others. The
Japanese criminal justice system heavily focuses on rehabilitating offenders and punishing those
who have committed crimes. In Japan, criminal justice system members are considered guardians
of social morality. Therefore, the goal of deciding to hold a criminal is to provide benefits to
society as a whole. Depending on the seriousness of the crime committed, an apology at the end
of a court case may be appropriate (Hata et al., 2022). Retributive justice is served in Japan when
an individual is captured by law enforcement, typically via public disgrace, shame, and isolation.
Less harsh sentence methods aid in rehabilitation by creating the impression among criminals
JAPAN’S CRIMINAL JUSTICE SYSTEM 11
that the courts have shown mercy. According to Heller and Dubber (2020), the courts seem to
agree that a lengthy prison sentence fails to achieve the goal of rehabilitation. In Japan, there are
two penal facilities: prisons and detention centers. Houses of detention or holding facilities
temporarily confine people while they await trial or imprison those found guilty of a lesser
charge.
Scenario
I was enjoying a leisure trip with my partner in the bustling city center of Tokyo,
engaging in retail activities. While visiting a retail establishment, I felt hungry and thirsty,
prompting me to get a water bottle and a candy bar from the available inventory. Subsequently, I
proceeded to unseal the bottle, consume the water, and later ingest the candy. Upon my
departure, I moved to perambulate inside the establishment's premises and mistakably forgot to
pay to acquire bottled water and confectionery items. Regrettably, I was apprehensive about the
business owner's decision to notify law enforcement. Within a short period, police officers
approached me and proceeded to effectuate my arrest.
Arrest
I was conveyed to the law enforcement facility in an interrogation chamber. I patiently
occupied the room, anticipating my turn to converse with an officer that spanned many hours.
After a significant period, an individual in a position of authority entered the location in the
company of a language interpreter. The law enforcement officer explained that I would be
subjected to apprehension and questioning concerning the theft. I acknowledged that my inability
to reimburse the merchandise was an inadvertent error.
Nevertheless, the law enforcement official maintained a skeptical stance and refused to
acknowledge or validate my explanation (Abe & Nottage, 2020). However, I formally requested
JAPAN’S CRIMINAL JUSTICE SYSTEM 12
legal representation and expressed my desire to ascertain the duration of my custodial period and
the possibility of obtaining release. The law enforcement officer provided information on the
availability of a duty attorney who could be called on my behalf. The attorney on duty was
tasked with providing a comprehensive explanation of my legal rights and the procedures used
by the police. An official request was sent for the assistance of the duty attorney, and an answer
from the attorney was obtained within a few hours of the inquiry being made.
As per the legal counsel's statement, the police possess the lawful power to apprehend the
person for three days, with the possibility of an extended length of up to twenty days, as
prescribed by the laws in Japan (Young, 2022). The attorney informed me that, due to my status
as a foreigner, I had a high probability of being subjected to the maximum duration of detention.
The attorney provided me with the legal counsel that I had the entitlement to use his right to
refrain from speaking. However, the fact that the police would persist with their interrogation
and legal representation would not be present during the questioning process (Feruza et al.,
2022). The attorney assigned to my case informed me that the police would carry out their
investigation. Upon its conclusion, they will transfer the gathered material to the prosecutor, who
will decide whether to proceed with pressing charges (Braun, 2019). According to the duty
attorney, it was conveyed that Japan only provides the option of bail for people accused of a
crime once they have been formally charged. Since I was a United States citizen, it is reasonable
to anticipate that I would be detained for no less than 25 days.
Specific Law
According to the requirements specified in Article 235 of the Penal Code Act, especially
in number 45 of 1907, it is recognized that a person is considered to have committed the act of
stealing if they illegally usurp the assets belonging to another individual (Hata et al., 2022). As a
JAPAN’S CRIMINAL JUSTICE SYSTEM 13
result, the maximum penalty for this violation is 10 years in prison with hard labor or a fine of no
more than 600,000 yen. After 72 hours, I was officially charged with two counts of stealing
under Article 235. The defense has formally asked for an additional 20 days to investigate the
matter, as was expected by the reason (Green, 2019). For 25 days, I was not allowed to initiate
contact with my family or to participate in any meetings or discussions related to my defense.
Criminal law attorney Tomiyasu Ito claims that the Japanese court system is known as "hostage
justice." This approach, which involves holding suspects in prison until they are ready to confess,
is a significant factor in Japan's astonishingly high conviction rate of 98%. As a result of multiple
cases in which people have falsely confessed to crimes they did not commit to avoid the
possibility of protracted imprisonment, there is a rising call in Japan to repeal the hostage justice
system.
Judiciary Experience
According to Article 235, the maximum punishment for shoplifting is a term of
imprisonment of up to 10 years, followed by a requirement that the offender do community
service and pay a fine of 600,000 Yen. My quick confession to the police allowed the Court to set
my trial three months later. Unfortunately, my bail plea was denied, and I was detained in a
jailhouse near Tokyo, where I shall wait for a test. I arrived at the issue and immediately
confessed my guilt to the sitting judge. I said I was prepared to take financial responsibility for
the in-issue items and any necessary sanctions the Court decided upon (Abe & Nottage, 2020). I
expressed my regret for my actions to the Court and the corporation. Based on the information
provided, the Court sentenced me to an additional three months in jail and assessed a fine of
600,000 Yen, or around $4500, against me. As a result of the growing worry about stealing in
Japan, business owners are refusing to accept remorse or compensation.
JAPAN’S CRIMINAL JUSTICE SYSTEM 14
Biblical Perspective
According to Deuteronomy 1:16, the judges were given a directive to listen to the
conflicts among the people attentively and to administer impartial judgments. This instruction
applied to cases involving Israelites and foreigners who were residents inside the community.
The judge impartially distinguishes between the principles of justice rooted in Judeo-Christian
traditions and those prevalent in Japan. Romans 13:1-3 emphasizes the importance of individuals
adhering to the ruling authorities since it asserts that all power originates from God and should
be respected, despite potential concerns over the extent of compliance. A divine entity has
established the existing authority. Hence, those who rebel against governing authorities challenge
the established order believed to be divinely ordained. Consequently, such actions may result in
adverse consequences since those who rebel may ultimately face judgment. It is worth noting
that rulers often instill fear and apprehension among individuals who engage in wrongful
conduct rather than those who uphold moral righteousness. Would you like to get freedom from
the uncertainty associated with those in positions of power? Engage in morally upright actions,
and you will receive recognition.
Conclusion
The comparative analysis of criminal justice systems on a global scale illuminates the
underlying philosophical underpinnings of a nation's perspective on matters about crime,
punishment, and the preservation of societal harmony. The criminal justice system in Japan,
while not without its imperfections, appears to effectively cater to the needs of its populace and
align with the nation's cultural fabric. The profound influence of Confucian natural law
principles has historically shaped the criminal justice system in Japan (Braun, 2019). In the
cultural context of Japan, individuals are socialized to conform to the collective consciousness
JAPAN’S CRIMINAL JUSTICE SYSTEM 15
and societal norms. Hence, the primary objective of the criminal justice system in Japan entails
the dual purpose of deterring criminal behavior through retributive measures and facilitating the
rehabilitation of offenders by instilling a profound awareness of their transgressions. This is
typically achieved through the rigorous enforcement of legal statutes, exemplified by the practice
colloquially referred to as "hostage justice" in the present scenario.
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