A Cultural Defense of the Japanese Criminal Justice System
Author | : Mark C. Gillespie |
Publisher | : |
Total Pages | : 142 |
Release | : 2017 |
ISBN-10 | : OCLC:1080416124 |
ISBN-13 | : |
Rating | : 4/5 (24 Downloads) |
Download or read book A Cultural Defense of the Japanese Criminal Justice System written by Mark C. Gillespie and published by . This book was released on 2017 with total page 142 pages. Available in PDF, EPUB and Kindle. Book excerpt: Criminal justice in Japan is often viewed from a Western standpoint as being strict and in some ways problematic. While many studies make mention of the peculiarities of the Japanese criminal justice system, very few have attempted to explain these peculiarities or to examine the system in context. The aim of this work is to demonstrate that while some criticism of criminal justice in Japan is warranted, much of it is based on an inadequate understanding of Japanese culture. The Japanese people respect authority and value social harmony (including the avoidance of conflict) to a much greater degree than do most Westerners; many of the perceived problems with their justice system (such as high conviction and confession rates) are a direct result of these cultural trends. Japanese citizens view law enforcement positively and crime very negatively, and they are more concerned with maintaining a harmonious society than with exercising individual rights. Although the system does contain real issues (such as police that do not inform suspects of their rights and excessive detention of suspects before indictment), it is not abusive or totalitarian, and it reflects social values and practices that the Japanese themselves agree with. The Japanese criminal justice system is not perfect, but it is efficient, fair, and in many ways more sensitive to Japanese cultural principles than is the Western view of justice.