Japan's Prosecution Review Commission: On the Democratic Oversight of Decisions Not To Charge

ISBN-13: 9783031193729 / Angielski / Twarda / 2023 / 208 str.

David T. Johnson

Opis

This book explains Japan’s unique Prosecution Review Commission (PRC) which is composed of eleven lay people selected randomly from voter registration lists. Each of the country’s 165 PRCs reviews non-charge decisions made by professional prosecutors and determines which cases should be reinvestigated or charged. PRCs also provide prosecutors with general proposals and recommendations for improving their policies and practices. The book analyzes the history and operations of the PRC and uses statistics and case studies to examine its various impacts, from legitimation and shadow effects to kickbacks and mandatory prosecution.

More broadly, this book explores a problem that is common in many criminal justice systems: how to hold prosecutors accountable for their non-charge decisions. It discusses the potential these panels have for improving the quality of criminal justice in Japan and other countries, and it will appeal to scholars and students studying prosecution and democracy, criminal justice, criminology, lay participation, justice reform, and Japanese studies.

Spis treści

Chapter 1 – Prosecutors the Prosecution Review Commission
The Problems with Prosecutors

Power

Discretion

Misconduct

Ideology

Accountability

Inertia

Role Ambiguity

Three PRC Frames

Victims

Impunity

Democracy

Conclusion


Chapter 2 – Origins and Operations

Origins

The PRC Law of 1948

The PRC Reform of 2009

Operations

A Japanese Grand Jury?

A Japanese Special Prosecutor?

Conclusion


Chapter 3 – Impacts

A Bird’s-Eye View

Kickback Patterns

Kickback Effects

A Surge of Complaints

Conclusion: Legitimation, Kickbacks, and Shadow Effects


Chapter 4 – Mandatory Prosecution

Akashi Pedestrian Bridge Case

JR West Amagasaki Rail Crash Case

Okinawa Unlisted Stock Fraud Case

Rikuzankai Case

Senkaku Islands Ship Collision Case

Tokushima Town Mayor Assault Case

Golf Instructor Quasi-Rape Case

Judo Student Severe Injury Case

Tomei Road Rage Internet Libel Case

TEPCO Nuclear Meltdown Case

Conclusion


Chapter 5 – The TEPCO Case

Prosecution

Trial

Shaky Prediction?

No Duty to Shut It Down?

Absolute Safety Not Required?

What If?

Reactions to the Acquittals

Analysis

Prosecution and Truth

Comparisons

The Under-Prosecution of White-Collar Crime

The Limits of the Criminal Sanction


Chapter 6 – Lessons

A Failure to Prosecute Rape

Lessons

It Is Possible to Check Non-Charge Decisions

Origins

Legitimation Effects

Kickback Effects

Shadow Effects

Few Mandatory Prosecutions and Convictions

The Challenge of Controlling White-Collar Crime

Knowledge Gaps

Citizen Satisfaction

PRC Dangers

Prosecution and Democracy

Implications for Other Countries

Reform in Japan

O autorze

David T. Johnson is Professor of Sociology, University of Hawaii at Manoa, USA. He has published six previous books which have received numerous awards and honorable mentions.

Blurb

“Brilliantly combines scholarly reflections on Japan’s Prosecution Review Commission with practical suggestions for making prosecution more democratic.”

— Satoru Shinomiya, Professor of Law, Kokugakuin University, Japan

 “Highly recommended for readers interested in understanding the complexities of Japanese criminal justice and the relationship between prosecution and democracy.”

 — Dimitri Vanoverbeke, Professor of Law and Society, University of Tokyo, Japan

“David Johnson's work is always original, thorough, theoretically interesting, and empirically well documented. This book reveals his continuing capacity to use his deep knowledge of Japanese criminal justice to draw wider lessons.”

 —David Nelken, Dickson Poon Law School, King’s College London, UK

This book explains Japan’s unique Prosecution Review Commission (PRC) which is composed of eleven lay people selected randomly from voter registration lists. Each of the country’s 165 PRCs reviews non-charge decisions made by professional prosecutors and determines which cases should be reinvestigated or charged. PRCs also provide prosecutors with general proposals and recommendations for improving their policies and practices. The book analyzes the history and operations of the PRC and uses statistics and case studies to examine its various impacts, from legitimation and shadow effects to kickbacks and mandatory prosecution.

More broadly, this book explores a problem that is common in many criminal justice systems: how to hold prosecutors accountable for their non-charge decisions. It discusses the potential these panels have for improving the quality of criminal justice in Japan and other countries, and it will appeal to scholars and students studying prosecution and democracy, criminal justice, criminology, lay participation, justice reform, and Japanese studies.

David T. Johnson is Professor of Sociology, University of Hawaii at Manoa, USA. He has published six previous books which have received numerous awards and honorable mentions.