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Japan Criminal Justice System
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
The criminal justice system in Japan is the subject of this research. Japan is a traditional
nation, with some of the world's oldest people still living there and a number of different tea
rituals. It is also well recognized as the birthplace of Sushi, which is one of the most popular and
well-loved cuisines in the world. Japan has a long history of producing some of the most
distinctive artworks and poems in the world. Japanese social, political, and industrial institutions
will be examined in this task to show the student's understanding of the country. A crime Mr.
Alex committed in Japan, as well as the whole procedure leading up to her trial, will be
explained. If Mr. Alex were handled properly, the paper should describe the efficacy of Japan's
criminal justice system from a human rights viewpoint as well as a Biblical study of the criminal
justice system.
Keywords: Japan, Crime, Criminal Justice System, Justice
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Country Study
People and Society
Approximately 2 percent of the population is made up of immigrants, which makes
Japan's demographic a completely homogenous civilization (Columbia University, n.d.).
Japanese people like to work and socialize in groups because it makes them feel more
comfortable working and interacting with their family members and friends. They feel more
secure when they are mostly surrounded by others who are similar to themselves. In Japan, it is
unusual to come across a person who is alone or by themselves, and the majority of people like
to be in a harmonic connection with everyone. Japanese people place a greater emphasis on
societal duties than they do on personal interactions and relationships with a god. Japanese
people are also religious, with Buddhism and Shinto serving as their principal religions. As a
result, the Japanese place the most importance on their society, as they perform the majority of
their responsibilities and activities as a group.
Economy
With a robust economy on a global scale, Japan is one of the most developed nations on
the planet. Numerous hardworking employees, as well as an abundance of professionals with
advanced degrees, make up its staff. Approximately 74 percent of economic freedom is found in
Japan, as per the 2021 Index of Economic Freedom. Located in the Asian-Pacific area, it is the
6th most populous nation and its overall economic score above the regional norms. There are
various trade agreements between Japan and other countries (The Heritage Foundation, 2021).
The number of interest-free loans to small and medium-sized businesses hit by the epidemic has
also increased, providing them with a chance to re-establish themselves and develop once again.
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In addition, the nation has a low unemployment rate of roughly 2.3 percent, which makes it a
fast-growing market for foreign investment.
Relations with the United States
The United States places a high priority on its partnership with Japan and considers it to
be one of its major allies. Considering Japan is one of the world's most successful democracies,
this relationship has developed out of a shared desire for basic stability and prosperity (State,
2020). The alliances that the two countries have formed are based on fundamental values, such as
the sharing and preservation of political and economic freedoms, as well as the promotion of
prosperity for their inhabitants and the world community. It has been 61 years since the United
States and Japan signed a security agreement that has been extended on multiple times. Both
nations are also working together to promote and extend integrity in information technology
supply chains, as well as to ensure seamless and secure transactions using more modern
information technologies like as 5G networks. As a result, Japan's support for the United States
has revolved around the country's development and expansion.
Japan's Legal System and the Government's Connection
The fact that Japan has the lowest homicide rate indicates that the country's legal system
is thorough and effective. A positive connection exists between the Japanese government and the
judicial system as a result of government policies and actions ensuring that the justice system is
reasonable and fair with Japan's values (Kobayashi, 2020). It also assures that all judicial
activities are democratic and peaceful in nature, as determined by the government. As part of the
country's centralized government, the judicial system is based on arbitral proceedings, Asian
models, cultural aversion to legal proceedings, and Anglo-American principles. It is the same as
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any other system in that it involves trials and hearings in court as well as criminal prosecutions
and sentencing as well as jail time and extradition.
International Concerns
Japan is now the only Asian country that confronts the fewest transnational dangers,
including terrorism and religious conflict, as a consequence of their homogeneous society. Japan
is also the only Asian country that also has the fewest transnational threats, such as terrorism and
religious friction. North Korea, which does has a large number of Korean population, has shown
strong opposition to the regime. They have land issues with the Northern Territory, which
account for most of their disagreements with them. These issues have existed since well before
World War II, and the issues have affected a number of different nations at the same time. The
Senkaku Island issue, which is a battle between China and Japan, is one of the territorial
problems that Japan is dealing with. Earthquakes, which put the lives of their citizens in peril, are
another global concern that Japan and other Asian nations are dealing with, according to
Brookings (2014).
Foundation for Rules of Law
The foundation of Japanese law is codified law, which is a mix of the constitution and
five laws that are vital to the country's legal system. Civil procedures, criminal procedures, and
commercial procedures are all covered by these regulations. It also includes the legislative core,
which consists of various courts that are responsible for considering matters of varying severity.
It is the rule of criminal law that a person charged with a crime will always be presumed
innocent unless and until they are found guilty by the court of law. The defendant will always be
granted some degree of benefit of the doubt in the eyes of the law. They pay attention to their
assertions and explain their actions by claiming to be innocent of the charges against themselves.
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Because of this, it is reasonable to assert that civil law is the foundation of the criminal justice
system. This contributes to the safety of residents. Also assures that all parties in a court get
equal treatment regardless of where they are from in terms of their citizenship.
Crime
Despite Japan's unfriendliness to immigrants, Mr. Alex did not anticipate encountering
any serious prejudice or discrimination there since he felt that the United States and Japan had a
positive bilateral connection (Oishi & Hamanda, 2019). As an aggressive man, Mr. Alex often
found himself in the heart of heated verbal disputes with Japanese people who were prejudiced
against him and treated him unfairly, according to his own account. Generally, he avoided
prolonging the arguments and just went away, until one day when he was heading home from
class and came across a group of Japanese graffiti artists painting his new vehicle and demanding
that he return to his own country. The only way Alex could get away from the constant barrage of
insults was to get into his vehicle and go home, but someone shoved him to the ground, and he
fell. As his rage grew, Alex was unable to contain it and began fighting with the people on the
streets of London. Alex was injured, but he was able to injure around three persons from the
crowd, and the area was quickly swarmed by police officers within minutes of the incident. One
member of the audience had reported him to the authorities, stating that he had attacked three
persons and caused them bodily injury. Alex, according to this individual, tried to murder them
as well. Alex was completely oblivious of how much he had done and whether or not anybody
had filmed the encounter.
Law of Japan
Fighting is considered an attack on the victim in Japan unless such fight occurs in the
course of self-defense. Japanese laws primarily permit the military to fight in self-defense;
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however, there are no regulations allowing people to engage in combat with one another, even as
a kind of self-defense. Since Japan places a high emphasis on the peace and safety of all citizens,
all types of violence are rigorously outlawed in the nation, and specific regulations are in place
from articles one to three. Japan's domestic violence laws also prohibit any sort of domestic
violence against anybody, whether they are Japanese or not. Threatening someone is a criminal
offense in Japan, according to Article 222 of the country's constitution. Article 6 of the
Constitution prohibits a person from causing property harm to another person as a result of
discrimination or inequality. Any individual determined to be responsible for the damages will be
required to repair the harm correctly and pay the victims for their losses.
Interaction with Law Enforcement Officers
Following a lengthy struggle to remove Mr. Alex from his opponents, the police officers
inquired as to what had transpired in the battle. Mr. Alex was taken into police custody after the
authorities explained to him why they would be taking him away from his residence. The
authorities also asked that he maintain silence and composure, warning him that his words and
actions may be used against him in court over the course of his case's proceedings. A fair and
non-violent interrogation method was followed, and Alex was shown the videotape of the whole
incident throughout. In order to understand what had happened and why he had been obliged to
injure the three persons who were participating in the brawl, he was asked to explain himself. A
public defender or an attorney of his choice was available to him, as long as there was no way for
him to pay for one. When Alex realized the police officers were baffled by the whole episode, he
went into detail and requested a lawyer be summoned.
Detention
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In order to ensure that Alex's immigration documentation was in order, the police officers
performed an immigration check. The information he provided the police corresponded to the
information that was already in the system on him. The police investigated Alex's criminal
background to see whether he had been convicted of any charges in the United States before
detaining him. Because it was difficult to determine the whole narrative and whether Alex was
the victim or the perpetrator in this instance, the detention procedure would take longer than
expected. A few days passed before Alex was taken into jail for a hearing in connection with the
incident.
Judicial Proceedings
Specifically, Alex was charged with two counts of physical assault against three Japanese
citizens as well as making verbal threats against them. Despite the fact that it was not yet evident
whether he acted in self-defense or out of rage, his actions were captured on video, including
how he physically beat up the persons who had shoved him. The three individuals were
additionally charged with racial discrimination and property damage as a result of their alleged
participation in the prejudice. An attorney discussed the situation from Alex's point of view, and
select members of the public were invited to the courtroom to see the proceedings. The video
footage was also provided to the judge and was played in the courtroom for the benefit of the
jury and other witnesses. The footage revealed how Alex's vehicle was smashed by the three
men, how they shoved him, and how he fought back and yelled at them. Because of this, the
judge and jury ruled that Alex's fight was a kind of self-defense, although he should have phoned
the police instead of engaging in a fight. After deliberating, the judges and jurors determined that
he would either serve six months in jail or pay 500 000 Japanese Yen in compensation for the
medical expenditures of the three men. The three men also received their sentences, which
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included a fine to compensate Alex for the automobile damage as well as a one-year prison
sentence for harassing and discriminating against Alex on the basis of his country and ethnicity.
Consequently, Alex was awarded a compensation charge of 500,000 Yen for physically attacking
the three gentlemen, while the men were sentenced to prison and were also awarded a
compensation cost for Alex.
Japan's Criminal Justice System's Efficiency
As a result of its efforts to hear all sides of the story and apply the laws in an equitable
manner to both parties involved in a case, Japan's criminal justice system is very efficient and
just in its operations. In addition, the justice system followed the proper procedures while
enforcing the laws and norms (Travel. ga, 2021). Because of the effectiveness of police officers,
many residents in Japan place their faith in them to enforce the law and preserve order in all
areas of the country. It was the officer's quick thinking that enabled them to get to the site before
additional harm was done. Furthermore, Japan's criminal justice system is quite effective. When
it came to ensuring that all parties received equal justice, the court used the proper procedures
and channels to guarantee that any faults were addressed and penalized as necessary. When it
came to the courtroom and the detention process, the whole criminal justice system did not
accept any disparity or prejudice, making it dependable and efficient for the protection of all
people, Japanese and non-Japanese alike.
Detention of Alex from a Human Rights Viewpoint
Despite the fact that Japan is not particularly welcoming to newcomers, the legal system
tries its utmost to guarantee that everyone, regardless of immigration status, is treated equally
and fairly. He was granted the right to counsel, and he was treated fairly and sentenced for the
offenses he did. All human rights were appropriately applied in her case (Jung & Bae, 2020). As
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a result of Alex's treatment by the three Japanese men, she received compensation. Neither was
Alex compelled to speak during interrogation nor was he subjected to more abuse while in
custody. The judges acted impartially and explained why they made their decisions in accordance
with the constitution, ensuring that all sides of the case were represented in court. Alex's human
rights were respected during the whole detention procedure, hence the court process was mostly
fair.
The Criminal Justice System as Compared to the Holy Bible.
To be faithful to those who cannot defend themselves and to stand by them no matter
what, according to the Bible, is necessary. The Bible states, “Speak up for those who cannot
speak for themselves, for the rights of all who are destitute. Speak up and judge fairly; defend the
rights of the poor and needy” (Proverbs 31:8-9, NIV, 2011). Because of Japan's criminal justice
system, all people are treated on an equal basis, regardless of their socioeconomic or racial
background. When it came to Alex's discrimination case, the Japanese legal system listened
attentively and made certain that he received his due process and justice for the harsh treatment
he received from Japanese residents. Aside from that, the legal system made certain that the three
individuals who attacked Alex were properly punished, ensuring that he received justice as well
as restitution for the harm he had suffered.
It is also stated in the Bible that, “A new command I give you: Love one another. As I
have loved you, so you must love one another” (John13:34, NIV, 2011). Individuals must learn to
love one another in a fair and equitable manner. Several equality laws have been enacted by the
Japanese justice system to guarantee that persons do not get uneven treatment on the basis of
their race or national origin. As a result, it guarantees that both Alex, as well as the three
Japanese men, get appropriate punishment for their actions and that all parties benefit from their
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experiences. All parties were given the ability to express themselves, which was a strong
demonstration of love for all persons, despite the crimes they had done. It was a clear
demonstration of just for everyone when a fair decision was rendered in the court of law.
Conclusion
To summarize, Alex may have been the more visible victim due to the fact that he was
discriminated against as well treated unjustly. Despite this, he let his rage to get the better of
him and attacked the three men. The males were also threatened with death by Alex as he was
beating them, which was against Japanese law. The court, on the other hand, made certain that
the matter was appropriately decided, and that equality was promoted throughout the
proceedings. Judges and jurors were also fair in their consideration of the evidence and in
ensuring that they had heard all sides of the tale with sufficient reason before reaching a decision.
For example, if Alex had just reported his whole situation to the authorities before involving
himself in bodily violence, the police would have been on his side, and he never would have
faced any consequences.
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References
Columbia University. (n.d.). Contemporary Japan: Japanese Society, Homogeneity. Retrieved
from Asian Topics: http://afe.easia.columbia.edu/at/contemp_japan/cjp_society_01.html
Jung, G., & Bae, H. Y. (2020). Rights Make Might: Global Human Rights and Minority Social
Movements in Japan. Contemporary Sociology, 49(2), 209-212.
Kobayashi, C. (2020). Resolved: Japan's Justice System is Fair. Debating Japan, 3(2), 1-
6 Oh, K. (2014). Transnational Threats in East Asia. Retrieved from Brookings:
https://www.brookings.edu/opinions/transnational-threats-in-east-asia/
Oishi, N., & Hamanda, I. (2019). Quality of Life in Japan and Emigration: The Perspectives of
Japanese Skilled Immigrants in Australia. Quality of Life in Japan, 13, 193-214.
State. (2020). U.S. Relations With Japan. Retrieved from U.S. Department of
State: https://www.state.gov/u-s-relations-with-japan/
The Bible. (2011). John 13:34 - New International Version. Bible Gateway.
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The Bible. (2011). Proverbs 31:8-9 - New International Version. Bible Gateway.
Retrieved from https://www.biblegateway.com/passage/?
search=Proverbs+31%3A8-9&version=NIV
The Heritage Foundation. (2021). Japan. Retrieved from 2021 index of economic
freedom: https://www.heritage.org/index/country/japan
Travel. ga. (2021). An overview of the criminal law system in Japan. Retrieved from Travel.
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