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Japan’s Criminal Justice System
Christopher Gates
CJUS 701 – Comparative Criminal Justice Systems
Liberty University
Dr. David Ojo
May 29, 2022
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Japan’s Criminal Justice System
Abstract
The criminal justice system is different all over the world. This analysis or scenario
paper will discuss the issues if an individual was potentially arrested for the crime of murder in
Japan. Along with punishments of such crime, the economy, social standings, criminal justice
system, the standing with the United States, and the government structure of the country will all
be discussed in this scenario. When looking at criminal justice systems they are all a little bit
different than the one we all live in here in the United States.
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Country Analysis
Introduction
A brief introduction to the country of Japan is that it is an island or islands that are in the
Pacific Ocean. It is in the country of or area known as Asia. Just like all other islands such as
Hawaii the terrain of Japan is mainly rough and it has mountains. One of the biggest mountains
or volcanoes is there it is known as Mount Fuji. A lot of the people live in the valleys of Japan
and not in the mountains. Japan is one of the most advance technologist countries in the world
and this is because they as a culture and society push education very hard on their children from
an early age. Japan is westernized as they would say as western civilization has made its impact
on this country.
People and Society
To begin a long time ago in the 1600’s the people of Japan did have a social division that
separated the people of Japan. Since, around the 1800’s though this social division has pretty
much disappeared and everyone is now united except for the obivious discrimination that occurs
in every country for one reason or another. In Japan the citizens there speak Japanese and this
language has been upgraded because it comes from different places all over the Asian area.
The religion that the citizens of Japan practice is Shinto, Buddhism, and Christianity.
There is no real dominant religion in this country and for example one family can practice
multiple religions under one roof.
Economy, Relationship with United States, Transnational Issues
When it comes to economy Japan has one of the best in the entire world. It produces a lot
of motor vehicles, steel, and very advanced technological items. This is known as the service
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portion of the economy and it definitely secures Japan’s financial stability. All of this upgrading
of the economby happened after World War II. Before that Japan was not a very good economic
country at all.
Japan and the United States do not have any transnational issues and the relationship
between the two countries is good and this is because for example that the United States and
Japan even train military together for exercises because of the common enemies that they both
have the common interests in certain aspects of the world and economy.
Government Structure, Criminal Justice Structure, and Basis of Law
The government structure of Japan has a constitution and within this constitution it does
talk about the separation of powers between all branches of this government. Japan does have an
emperor that decides who the prime minister will be, the chief justice and making laws and
treaties.
The branches of government in Japan are the legislative, judicial, and executive. The
legislative is made up of two areas the house of representatives and the house of councillors. The
judiciary is completely separated from the other branches of government. It has a couple levels
supreme court, appellate court, and the district courts.
The basis of law in Japan is based on the civil law aspect of criminal justice. So, it is just
like the United States in when the individual is innocent until proven guilty and the prosecutor or
legal team has to prove with evidence that the individual is guilty without a doubt.
Committed Crime
What crime was committed
For the basis of this research paper the crime or crimes that were committed are going to
be rape and murder. One, normal evening a female was walking home from an event and during
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this time she was attacked by a U.S. citizen. She was hit with something and knocked out or so
he thought and while knocked out she was raped by this individual and left beaten and
undressed. Come to find out she was hit so hard in the head that she succumbed to her injuries
before she was found by people walking by the next morning.
Upon arrival by the police the individuals that found her noticed there was a fight that
insued. Once police got to the scene they secured the scene for evidence purposes. During this
time the detectives noticed that there were blood stains and skin on her hands and fingernails.
She fought back for her life for a period of time. Once she was taken to the medical examiner
they found semen in and around the woman as well. This means that they had the DNA needed to
find the individual that was responsible for this horrific act.
Specific law of crime committed
The first law or definition of a law that will be discussed is rape. Rape defined is “The
penetration, no matter how slight, of the vagina or anus with any body part or object, or oral
penetration by a sex organ of another person, without the consent of the victim” (The United
States Department of Justice, 2017). The next definition of a crime that happened in this paper
was murder. Murder is defined as “Murder is the unlawful killing of a human being with malice
aforethought. Every murder perpetrated by poison, lying in wait, or any other kind of willful,
deliberate, malicious, and premeditated killing; or committed in the perpetration of, or attempt to
perpetrate, any arson, escape, murder, kidnapping, treason, espionage, sabotage, aggravated
sexual abuse or sexual abuse, child abuse, burglary, or robbery; or perpetrated as part of a pattern
or practice of assault or torture against a child or children; or perpetrated from a premeditated
design unlawfully and maliciously to effect the death of any human being other than him who is
killed, is murder in the first degree” (Cornell Law School, 2022).
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Process of being first contacted to arrested opinons of law enforcement
During the initial process of gathering evidence and talking to individuals and making a
timeline they had some leads on to who was suspected of committing these crimes. Once that has
happened the police in Japan have the authority to not only arrest but can even detain suspects
for two days without bail. Once this happens you are read your rights and it is pretty much the
same as the United States in the fact that you have the right to remain silent and you have the
right to an attorney. You also have the right to tell the United States Embassy as well to hopefully
gain some help. Just know during this time with or without an attorney the Japanese police will
still question you about the crime and gather all the evidence they need to make a case against
you. Also, during this time they have to give the evidence to the prosecution team to go to a
judge and make a case for a warrant for you arrest during this two day time frame too. Most
likely if arrested or detained you will not be given bail as a foreigner.
Detention process as a foreign national
Judicial Process
When the judicial process starts it starts after the suspect as been arrested because of the
evidence above and the prosecution has stated their case to a judge while the suspect was
detained. Once that has happened the process is that the prosecution files a demand to have a
public trial or a formal trial because of the horrendous crime that was committed. During this
trial there is a prosecution and a defense just like in the United States and to go along with this
there is also opening statements, showing of evidence, closing statements, and then sentencing.
This process is just like we have in the United States as we here also go by the civil law basis
and so does Japan. In this case they will go for the death penalty because of the crime or crimes
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committed. If found guilty of these crimes the minium will be life in prison but most likely it will
be the death penalty and in Japan their execution style is hangings.
Incarcerration process for Crime Committed
Once you have been found guilty of the crimes above you will be transferred to the prison
that the court system has appointed you to depending on the crimes that you have committed. In
this case they will send you to one of the facilities that have a death row and can carryout
executions when the time is right. Once you are at the prison you are put into rooms that have
anywhere from six to twelve people living in them. The schedules that the Japanese prisons put
onto prisoners is very strict and it seems pretty harsh. For example one of the rules is that you
can only speak Japanese. This will be very difficult for a foreign national to obey this rule. If you
are lucky there are some rooms that are westernized for foreign nationals but this is not always
the case.
Once in the prison you are on a schedule and it is demanding. The Japanese are firm
believers in making you work the entire time you are in prison or awaiting your execution. It
seems like it is all work and exercise besides eating and at the end of the day you could possibly
have a couple of hours of free time if the guards allow you to.
Conclusion and Analysis
Effectiveness of Criminal Justice System in Japan
Japan’s criminal justice system is very tough. Not only is it fair but it is tough. It can be
said that it is one of the best systems in the world when you look at certain aspects of the system
itself. The very high conviction rate is one of the areas when your conviction rate is up in the
high 90 percentile that is very good. It has also one of the lowest crime rates in the world to go
along with gun ownership and some of the less incarcerated prisons in the world. If you think
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about it by reading above the deterrence from the conviction rates and what happens when you
commit crimes from paying high fines to possible hangings I would not want to commit any
crimes in this country either.
Human Rights Perspective on how treated
When looking at the human rights perspective of the criminal justice system as a whole in
Japan you see that it is fair but tough and some areas need to be worked on because of humane
issues that can happen. The justice system as a whole is just like the United States and that aspect
is and will be fine under human rights. The point that it can or could become an issue is in the
prisons and the death penalty. To start the death penalty or execution style they tend to use is by
hanging. This is not a very humane way to execute anyone or anything for that matter. Then it
comes to prison life. The hard schedules and constant working and exercise to go along with the
multiple of people living in one area and possibly just on mats on the floor is not a very good
way to handle prisoners and their living habits or health for long periods of time.
Analysis compared to the Holy Bible on their Criminal Justice System
When looking at all the research and the way the Japanese criminal justice system is it
seems fair but tough and with that come punishment but also fairness as a whole. There is a
saying “He has told you, O man, what is good; and what does the Lord require of you
but to do justice, and to love kindness, and to walk humbly with your God?” (Micah 6:8, ESV).
Not only is the Japanese criminal justice fair to the point where if you show remorse that they
can and will not punish you to the fullest extent and possibly just make you pay a fine. On the
other hand they will deal out justice for the crimes that you have committed in a very harsh way
and still walk away knowing that they had to because of the situation and will not hesitate to do
it again if need be.
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References
Notehelfer, F. (2022, June 2). Japan | History, Flag, Map, Population, & Facts. Encyclopedia
Britannica. https://www.britannica.com/place/Japan (Notehelfer, 2022)
Government of Canada. (2021). An overview of the criminal law system in Japan. Travel.Gc.Ca.
https://travel.gc.ca/travelling/advisories/japan/criminal-law-system (Government of
Canada, 2021)
The Secretariat of the Justice System Reform Council. (1999). The Japanese Justice System. The
Japanese Justice System. https://japan.kantei.go.jp/policy/sihou/singikai/990620_e.html
(The Secretariat of the Justice System Reform Council, 1999)
U.S. Embassy and Consulates in Japan. (2021, April 19). Japan Country Information – Criminal
Penalties. https://jp.usembassy.gov/services/japan-country-information-criminal-
penalties/ (U.S. Embassy and Consulates in Japan, 2021)
The Holy Bible : English Standard Version Containing the Old and New Testaments. Classic pew
and worship ed. Wheaton, Ill: Crossway Bibles, 2001. Print.
Country Reports. (2022). Japan Criminal Penalties | - CountryReports.
https://www.countryreports.org/country/Japan/criminal-penalties.htm (Country Reports,
2022)
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The United States Department of Justice. (2017, April 7). An Updated Definition of Rape. OPA |
Department of Justice. https://www.justice.gov/archives/opa/blog/updated-definition-rape
(The United States Department of Justice, 2017)
Cornell Law School. (2022). 18 U.S. Code § 1111 - Murder. LII / Legal Information Institute.
https://www.law.cornell.edu/uscode/text/18/1111 (Cornell Law School, 2022)
