Japan
ADDITIONAL RESOURCES
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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
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]
Pre-Trial
An individual may be arrested upon issuance of a warrant issued by a competent judicial officer. 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. 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[3]
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[4]. 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.[5] Defendants who have been acquitted may not be charged with the same crime[6]
See Criminal Justice Systems Around the World
QUICK FACTS
- 2009 Prison Population: 75,250.
Notes
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