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Criminal Justice in Japan
Christopher Martin
Helms School of Government, Liberty University
Author Note
Christopher Martin
I have no known conflict of interest to disclose.
Correspondence concerning this article should be addressed to Christopher Martin.
Email: cmartin80@liberty.edu
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Abstract
This study will focus on the legal process in Japan, specifically the Japanese criminal
justice system. Japan is a country immersed in tradition, and its population includes some of the
oldest individuals still alive anywhere in the globe. Along with a variety of other tea customs and
practices. Additionally, it is widely acknowledged as the country that gave birth to sushi, one of
the most recognized and well-liked types of food found all over the globe. In its long and
illustrious history, Japan has been responsible for the creation of some of the world's most
original works of art and poetry. As a means of demonstrating the student's familiarity with
Japanese culture, this assignment will focus on the nation's many social, governmental, and
commercial organizations. An offense that was committed by Alex in Japan, along with the entire
process that led up to his trial, will be discussed in more detail. The report should explain the
effectiveness of Japan's criminal justice system from a human rights point of view if Alex were
to be dealt with in the appropriate manner. In addition to this, a study of the Bible's perspective
on the legal system will be included.
Keywords: Japan criminal justice system, crime, biblical, tradition
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Criminal Justice in Japan
The Country
The People
Immigrants make up around 2% of the total population. Because of this, Japan's
population is entirely composed of individuals from the same culture (Columbia University,
n.d.). The Japanese like the camaraderie and productivity that comes with working in groups.
This is due to the fact that they experience an increase in their level of comfort when working as
well as socializing with their friends and family members. When individuals are often
accompanied by people that are the same as themselves, they have a sense of increased safety.
Throughout Japan, it is rather uncommon to stumble across a single individual who is by
themselves or who is wandering the streets alone. Additionally, the vast majority of people have
the desire to have a harmonious relationship with all individuals. The Japanese people put a
larger focus on the responsibilities that they have to society as a whole as opposed to the personal
contacts and connections that they have with their gods. Shinto and Buddhism are the two most
prominent faiths in Japan and the majority of the population practices both. As a direct
consequence of this, the Japanese people put the utmost significance on their society. As a result
of the fact that they carry out the overwhelming amount of their obligations and actions together.
Economy
Japan ranks among the most advanced countries on the globe because it has a thriving
economy that operates on a global basis. Its crew is comprised of a large number of workers who
put in a lot of effort every day, in addition to an abundance of experts that have advanced
degrees. The nation enjoys around 70 percent of the economic freedom that is possible. In
accordance with the Index of Economic Freedom for the Year 2022. It is a country that is situated
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in the Asian-Pacific region, has the sixth highest population, and has an overall economic score
that is higher than the standards for the region. Japan and other nations have reached a number of
trade agreements on a variety of topics (Theglobaleconomy.com, 2022). A growing number of
small and medium-sized enterprises that have been impacted by the pandemic have been eligible
for loans without interest. They are given the opportunity to restart their lives and grow as a
result of this assistance, which is a big support. In addition, the nation's unemployment rate is
very low, coming in at around 2.8 percent. (Macrotrends.net, 2022) Because of this, it is a market
that is open to international investment and is developing at a rapid rate.
United States Relationship
The United States regards Japan as one of its most important friends and puts a great
value on the connection that it has established with that country. Taking into consideration the
fact that Japan is among the most prosperous democracies in the world. This connection was
established as a result of a mutual yearning for domestic tranquility and financial success
(State.gov, 2022). Both nations' commitment to upholding certain core principles underpins the
partnerships that they have forged with one another. Including things like the equitable
distribution of political and economic liberties and their continued protection. Along with the
encouragement of economic growth for the communities to which they belong and the global
community as a whole. There has been a security agreement between the United States and Japan
for the last 61 years, during which time it has been renewed many times. Both countries are
cooperating with one another to improve and broaden the use of high standards of integrity in
supply chains for information technology. In addition, to guarantee that transactions are carried
out in a way that is both smooth and safe via the use of more contemporary information
technologies such as 5G networks. (Trade.gov, 2020) As a direct outcome of this, Japan's
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assistance to the United States of America has centered on the growth and progression of that
nation.
Legal System and Government
The fact that Japan boasts the world's lowest murder rate is evidence that the nation's
judicial system is both comprehensive and efficient. The Japanese government and even the
court system have a productive relationship with one another. As a direct consequence of policies
and measures taken by the government, Japan's judicial system has become more rational and
fair, in line with Japan's principles (Britannica.com, 2022). In addition to this, it guarantees that
all court proceedings be democratic in character and conducted in a peaceful manner, as
established by the government. The judicial system of the nation is part of the centralized
administration of the country, and it is founded on arbitral processes, Asian traditions, historical
aversion to legal actions, and concepts from Anglo-American law. In the same way that other
judicial systems have trials and hearings in court, so does this one. Additionally, there is the
possibility of criminal prosecution and sentence, in addition to incarceration and expulsion.
International Matters
At this point in time, Japan is the only country in Asia that faces a significantly reduced
risk from transnational threats. This is to encompass acts of terrorism as well as religious strife,
both of which are a direct result of their uniform society. Japan is the only country in Asia to
have the fewest international threats, including terrorism and religious strife. This makes Japan
unique among Asian nations. (Oh, 2016) Strong resistance to the system may be seen in North
Korea, although it has a significant number of Korean people living there. The majority of their
conflicts with them may be traced back to a quarrel over land that they had with the Northern
Territory. These problems have been there for a significant amount of time preceding World War
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II. These problems have simultaneously had an influence on a variety of different countries all
around the world. Another territorial challenge that Japan is contending with is the issue with the
Senkaku Islands. This has become a battleground between Japan and China. According to
Brookings, another major problem that Japan, as well as many other Asian countries, are dealing
with is the threat of earthquakes, which puts the lives of their population in jeopardy (Oh, 2016).
The Rules of Law
The codified law of Japan that consists of a combination of the constitution and five
statutes that are essential to the legal system of the country. It serves as the basis for Japanese
legal doctrine. These rules encompass all types of legal operations, including civil procedures,
criminal processes, and commercial guidelines. (Ojp.gov, 1990) In addition to this, it comprises
of the legislative base, which is comprised of numerous courts that are tasked with deliberating
on problems of varying degrees of seriousness. A person who has been accused of committing a
crime is always believed to be innocent under the principles of criminal law, and this
presumption will remain in place until and until the individual is proven guilty of the crime by a
judge or jury. In the perspective of the law, the accused will always be given a certain amount of
benefit of the doubt in some capacity. They give credence to their arguments and justify their
behavior by asserting that they are not guilty of the allegations that have been leveled against
them. When seen from this perspective, it seems plausible to say that civil law is really the
cornerstone upon which the system of criminal justice is built. This makes a positive contribution
to the citizens' sense of security. It also ensures that every participant in a court receives the same
treatment, despite of where they originated from or what citizenship they have, which is an
important safeguard. (Ojp.gov, 1990)
Crime at Hand
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Alex was under the impression that he would not face any significant forms of prejudice
or discrimination while living in Japan, despite the fact that Japan is unfriendly toward
foreigners. He believed that the United States of America and Japan have a constructive
relationship with one another on a bilateral level (Oishi & Hamanda, 2019). Alex, who was
known to be a guy who was not afraid to assert himself, frequently got himself in the middle of
intense verbal arguments. In an effort to include Japanese individuals who, based on his own
account, had prejudices towards him and addressed him cruelly. In most cases, instead of
engaging in behavior that would draw out the conflict, he just left. This was until the day that he
was walking home from school when he stumbled across a bunch of Japanese contemporary
artists. They were spray painting his new automobile but also insisting that he go back to the
nation he was originally came from. Alex's only option for escaping the never-ending stream of
obscenities was to get in his car and drive away from the scene. Nevertheless, he was pushed to
the ground by another individual, and this caused him to fall. Alex found it difficult to control his
anger as it escalated, and he started to fight with individuals he saw while walking down the
street. Alex sustained wounds, but he was also successful in inflicting injuries on about three
other people in the crowd. Within a few of minutes after the event, a large number of law
enforcement personnel rushed to the scene and rapidly surrounded the area. Someone in the
crowd had filed a complaint against him with the administration. They said that he assaulted
three people and caused them to suffer physical injuries as a result of his actions. Alex allegedly
attempted to kill them as well, according to this third party. Alex had no idea how much harm he
had caused by any stretch of the imagination. In addition, to find out if or not somebody had
videotaped the incident.
Japanese Law
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In Japan, a fight is regarded as an assault on the victim unless it is fought in the process
of the participant defending themselves from an attack. The laws of Japan basically allow for the
military to engage in combat for the sake of self-defense. Nevertheless, there are no rules that
enable individuals to fight one another, not even as a form of self-defense. This is because
fighting is considered to be an act of aggression. (Eldridge & Katsuhiro, 2019) Because Japan
puts a great priority on maintaining peace and ensuring the well-being of all of its residents, any
and all forms of violent behavior are strictly prohibited across the country, and precise
prohibitions may be found in articles one through three of the legislation. The rules that ban
domestic violence in Japan also make it illegal to use any kind of domestic abuse against
anybody, regardless of whether or not they are Japanese. According to Article 222 of the
Constitution of Japan, it is illegal to make a threat against another individual in the nation. It is
against the law for a person to cause property damage to another individual as a direct
consequence of discrimination or inequality, as stated in Article 6 of the Constitution. (Ojp.gov,
1990) Any person who is found to be accountable for the losses will be obliged to make the
necessary repairs to rectify the situation. In addition, compensation will be given to the
individuals for the damages they incurred. (Ojp.gov, 1990)
Contact with Law Enforcement
When the police officers finally succeeded in separating Alex from his rivals after a
protracted fight, they questioned what exactly had taken place during the conflict. After
providing Alex with an explanation as to the reasons for removing him from his home, the
officers placed Alex under arrest and took him to jail. In addition to requesting his quiet, the
authorities requested that he keep his composure. The next step was to give him a stern warning
that over the course of the legal processes surrounding his case, his previous statements and
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conduct may be used as evidence against him. The questioning technique that was used was fair
and did not include any violence. The footage of the whole event was then played for Alex to see
in its entirety. It was requested of him that he provide an explanation as to what had occurred and
why he felt compelled to damage the three people who were taking part in the fight. This was
done in order to better comprehend what had transpired. If he did not have the means to pay for a
counsel, he had the option of using the public defense system or hiring a private attorney of his
choosing. Alex was aware that the law enforcement personnel were perplexed by the whole
event. He explained everything in great detail and asked that an attorney be called immediately.
Incarceration
An immigration check was carried out by the authorities so that they could verify that
Alex's papers regarding his immigration status were in order. The information he gave the police
was consistent with the data that was previously stored in the computer system on him. The
investigation into Alex's past illegal activity was then continued by the police. Before arresting
him, this was done so that it could be determined whether or not he had been found guilty of any
offenses in the United States. It was impossible to piece together the whole story and identify if
Alex had been victimized or if he was the offender in the situation. In this particular
circumstance, the process of being held in custody would take far longer than anticipated. After a
few periods of waiting, Alex was eventually brought before the judge. In this location, the
hearing on the event that he was involved in will take place.
Court Process
Alex was accused of assaulting three Japanese people and threatening them with
violence. His actions, particularly how he violently struck the people who had assaulted him,
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were recorded on tape, although it was not immediately clear if he reacted in self-defense or
because of anger. Due to their alleged involvement in the prejudice, the three persons were
further charged with acts of racial prejudice and damage to property. Some members of the
general public were given seats in the courthouse to see as Alex's counsel presented Alex's side
of the story. The video evidence was shown to the judge, as well as everyone else in the
courtroom when it was played. This was done for the purpose of educating the jurors as well as
any other witnesses. The camera showed how the three guys damaged Alex's car after he was
inside it. It showed how he retaliated and shouted at them after they assaulted him. It also
showed how they shoved him. Although Alex should have called the police before getting into a
fight, the court and jury found that he had a right to defend himself. The judges and jury came to
the conclusion the defendant was guilty after deliberating on the case. Alex had two options:
either he could spend three months in prison, or he could make restitution in the amount of JPY
300,000 for the three men's medical bills. (Resourcehub.bakermckenzie.com, 2022) Alex was
also given a fine as part of his sentencing, which was intended to recompense him for the
damage done to his vehicle by the three males. In addition, a sentence of 2 years in jail for
harassing Alex on the basis of his country of origin and ethnicity, which resulted in
discrimination against Alex. As a result of this, Alex was given a compensation penalty of JPY
300,000 for physically assaulting the three males. The guys were found guilty and given jail
time; in addition, they were ordered to pay Alex's medical expenses as compensation.
(Resourcehub.bakermckenzie.com, 2022)
Efficiency of Japanese Justice System
The Japanese criminal justice system is renowned for its fairness and effectiveness. This
is due to its dedication to hearing all sides of a case and applying the law uniformly. The judicial
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system also followed established protocols for applying the law and establishing penalties for
violations (Ojp.gov, 1990). Almost all Japanese people put their confidence in the police to
uphold the law and maintain order because of how well they do their jobs. The officer's fast
thinking prevented more damage by allowing investigators to reach the scene quickly. It's fair to
say that Japan has a very efficient criminal justice system. The court followed all of the
appropriate protocols and mechanisms to ensure that all parties were treated fairly and that any
wrongdoing was rectified and punished appropriately. The criminal justice system in Japan is
trustworthy and effective because it does not tolerate discrimination or bias in the courts or
throughout the detention process. This applies to both Japanese and foreign nationals.
Human Rights Viewpoint
Despite the fact that Japan is not an especially warm country to those who are seeking to
immigrate there, the country's legal system makes every effort to ensure that everyone is treated
fairly and equitably. A lawyer was provided for him, and he was given a just punishment for his
actions. In this situation, every protection guaranteed by international law was strictly observed
(State.gov, 2022). Alex was awarded compensation as a consequence of the way in which he was
treated by the three men. During the course of Alex's questioning, he was never coerced into
speaking, and he was never subjected to any more assault while he was detained. The judges
rendered their judgments in a fair and transparent manner, providing reasons for their rulings
when necessary. Also, this made sure that everyone with a stake in the outcome of the case had a
voice in the proceedings. Since Alex's rights as a human being were upheld during his
confinement, the trial was likely to be a fair one.
Biblical Worldview
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As stated in the Bible, it's imperative that we remain loyal to the weak and helpless and
protect them at all costs. “Defend the weak and the fatherless; uphold the cause of the poor and
the oppressed. Rescue the weak and the needy; deliver them from the hand of the wicked”
(Psalm 82:3-4, NIV, 2011). The criminal justice system in Japan ensures that all citizens are
given equal protection under the law. This is true irrespective of the person's income or ethnic
status. When Alex complained of discrimination in Japan, the judicial system took his complaints
seriously. This ensured that he was given a fair trial and that those responsible for his
mistreatment in Japan were held accountable. Alex was able to get justice and compensation for
the injuries he sustained as a result of the attack, which was made possible by the court system's
efforts to ensure that the three persons responsible for the assault were appropriately punished.
The Bible also states, “But love your enemies, do good to them, and lend to them without
expecting to get anything back. Then your reward will be great, and you will be children of the
Most High, because he is kind to the ungrateful and wicked” (Luke 6:35, NIV, 2011). Loving one
another justly and fairly is what all people must learn. In order to prevent discrimination on the
basis of a person's race or national origin, the Japanese government has passed a number of
equality laws. As a result, not only will Alex and the three men get just punishment, but Alex and
the three men will also receive fitting punishment. That everyone involved learns something
from the situation. A significant expression of love for all individuals was shown by allowing all
parties to express themselves, despite the wrongs they had committed. When the court reached a
judgment that was fair for all parties involved, justice was clearly shown.
Conclusion
To recap, it's possible that Alex was the victim who received the most attention
throughout this incident. The reality is that he not only was treated unfairly but also subjected to
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discrimination. On the other hand, he succumbed to his wrath and assaulted the other men. Alex
subjected the three guys he was hitting to violence, which was illegal under Japanese law. Alex's
actions violated the rights of all parties involved. The court did, however, make absolutely
certain that the case was settled in the most proper manner. Additionally, that equality was
emphasized at every stage of the procedures. During their evaluation of the evidence, both the
judge and the jury members acted fairly. This ensured that they had understood both sides of the
story and had adequate cause to come to a judgment before doing so.
“Do not judge, or you too will be judged. For in the same way you judge others, you will
be judged, and with the measure you use, it will be measured to you” (Matthew 7:1-2, NIV,
2011).
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https://www.britannica.com/place/Japan/Government-and-society
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https://www.brookings.edu/opinions/transnational-threats-in-east-asia/
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