Japans Criminal Justice System Essay Example | Topics and Well Written Essays - 3750 words

Japans Criminal Justice System - Essay ExampleOnce arrested, the period f postponement is three sidereal days under the authority f the police and then, with judicial authorization, a maximum f twenty days under prosecutor authority. Most f the time suspects are held during this period in a place f detention at the police station, known as a rilievo prison (Daiyo-kangoku). Suspects in detention cannot refuse the summons to gravel themselves for questioning by an officer f the investigating police or by a public prosecutor. Often the questioning is repeated day and night for twenty-three days. Many police procedures are used without definite foundation in statutory law or specific agreement by those concerned, but lawfulness is generally admitted by crusade law. (Bayley 11-15) The public prosecutor, actively involved in the investigation in case f need, can take away it independently without the police. By making the most f his discretionary power as to the desirability f proce edings, the prosecutor nearly always anticipates the decision that would be rendered by the court. This is because the charges against the suspect must be sufficiently certain for actual conviction. (Johnson 300-5) Moreover, suspects consider it more serious and damaging to be accused before a court than to be questioned and even held by the police they regard a verdict f remission to be an admission f the investigators fault. Indeed, cases sometimes arise in which a person convicted at frontmost instance, but acquitted on appeal or on judicial review, obtains compensation for wrongful prosecution. A further basic principle f criminal proceedings concerns the paramount importance assigned to a... Because the present Civil Code contains ambiguous and imprecise provisions with regard to evidence, judges seek to recompose and unify them in a simple form f principles and notwithstandingions if such facts exist, such a right shall be recognized, except when.... It is likely that, rath er than scrupulously reflecting the distribution f the burden f prof in terminology, the drafters f the Code did not have enough time to account for the opinions f judges who all recently had taken up their duties. Although contemporary positivist judges do not directly strike hard the Civil Code, academics whose main activity consists f research on theory and comparative law are often targeted, in most cases these academics are unaware f crucial practical considerations owing to the character f their training and career, separate from that f other jurists. Now that judicial structure is well-established and the provisional, reign f the borrowed plumes (from Europeans) f the Professorenrecht has ended, one might see magistrates confidence adumbrated in new ideas regarding interpretation f supreme law. However, whether it relates to investigative perfectionism in criminal matters or to attachment f presupposed ultimate facts in civil matters, preciseness arbitrator always concern s the precision f facts. It is essentially case facts that seem to occupy a enormous place in judicial thinking. These elements f factualism sometimes prevail over the major principles f rights and justice in their juridical evaluations. This is probably connected to the phenomena f non-justice, which will now be considered.