Japan: Difference between revisions
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==Defendants' Rights== | ==Defendants' Rights== | ||
Defendants are entitled to notice of charges<ref>Constitution of Japan, Art. 33</ref> and adequate counsel at time of arrest.<ref>Constitution of Japan, Art. 33</ref> | Defendants are entitled to notice of charges<ref>Constitution of Japan, Art. 33</ref> and adequate counsel at time of arrest.<ref>Constitution of Japan, Art. 33; "The accused or a suspect in custody may, without having an official present, have an interview with his or her defense counsel or any other person who is going to be his or her defense counsel upon request of the person who is entitled to appoint defense counsel ... and may deliver or receive any documents or any other articles to or from the defense counsel or said person." Japan Criminal Procedure Code Article 39(1)</ref> | ||
Defendants have the right to remain silent: "In the case of interrogation ..., the suspect shall, in advance, be notified that he or she is not required to make a statement against his or her will."<ref> Japan Criminal Procedure Code, Art. 198(2)</ref> | Defendants have the right to remain silent: "In the case of interrogation ..., the suspect shall, in advance, be notified that he or she is not required to make a statement against his or her will."<ref> Japan Criminal Procedure Code, Art. 198(2)</ref> | ||
Revision as of 23:13, 22 February 2011
ADDITIONAL RESOURCESLEGAL TRAINING RESOURCE CENTER |
Background
Modern Japan was formed in 1945 after the Allied Forces defeated Japan in World War II. After the war Japan was controlled by American forces. The country's constitution took effect on May 3, 1947 and created a democratic government with significant reforms.
Japan is a homogenous country with almost 99 percent Japanese. The country is a series of islands that were unified in 1590. Today, Japan has a population of 127,000,000 citizens.
Japan's criminal justice system is said to have one of the highest conviction rates in Asia. Despite constitutional provisions banning torture, forced confessions are said to be frequent. Many defendants are convicted on nothing more than a confession with little or no corroborating evidence.
Sources of Defendants' Rights
Japan's criminal justice system is generally considered inquisitorial and is based on the civil law model in which the judge plays a significant role in investigation and trial. Article 31 through 40 of the Constitution of Japan enumerate many rights the accused are entitled to in Japan. These provisions are interpreted by the Supreme Court of Japan.
Defendants' Rights
Defendants are entitled to notice of charges[1] and adequate counsel at time of arrest.[2]
Defendants have the right to remain silent: "In the case of interrogation ..., the suspect shall, in advance, be notified that he or she is not required to make a statement against his or her will."[3]
Pre-Trial
An individual may be arrested upon issuance of a warrant issued by a competent judicial officer. In serious cases, police may make a warrantless arrest. However, the warrant must be obtained immediately thereafter. It must specify the offense. Extensive pre-trial detention is prohibited under Article 34 of the Constitution and an arresstee must be produced in open court immediately upon request. Police have 48 hours to produce a defendant before the prosecutor.[4] Then, the prosecutor has 24 hours to decide whether to prosecute.[5] If he choses to prosecute, the defendant must be brought to court. Searches and seizures generally require a warrant issued for adequate cause.
"The infliction of torture by any officer and cruel punishements are absolutely forbidden" under the Constitution of Japan[6]
Trial
Japan eliminated the jury trial in 1943. Today, the majority of criminal cases are tried before either one or three judges, depending on the charge. Defendants have the right to a public and open trial. Defense attorneys may cross-examine witnesses and have the right to compulsory process[7]. In 2009 new legislation reintroduced the jury system in the form of lay judges. However, these are only available in certain serious cases. Judges take an active role in the trial, calling witness, requesting evidence and determining both the guilt and sentence phases of the case.
Post-Conviction
Both defendants and prosecutors have the right to appeal a trial court decision. Appeals to the Supreme Court are limited to questions of a Constitutional nature. If the defendant was detained during the case and is later declared not guilty, they may be entitled to compensation from the state for the period of detention.[8] Defendants who have been acquitted may not be charged with the same crime[9]
See Criminal Justice Systems Around the World
QUICK FACTS
- 2009 Prison Population: 75,250.
Notes
- ↑ Constitution of Japan, Art. 33
- ↑ Constitution of Japan, Art. 33; "The accused or a suspect in custody may, without having an official present, have an interview with his or her defense counsel or any other person who is going to be his or her defense counsel upon request of the person who is entitled to appoint defense counsel ... and may deliver or receive any documents or any other articles to or from the defense counsel or said person." Japan Criminal Procedure Code Article 39(1)
- ↑ Japan Criminal Procedure Code, Art. 198(2)
- ↑ Japan Criminal Procedure Code, Art. 203(1)
- ↑ Japan Criminal Procedure Code, Art. 205
- ↑ Constitution of Japan, Art. 36
- ↑ Constitution of Japan, Art. 37(2)
- ↑ Constitution of Japan, Art. 40
- ↑ Constitution of Japan, Art. 39
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