The Japanese Adversary System in Context: Controversies and Comparisons

ISBN-13: 9780333920602 / Angielski / Twarda / 2002 / 262 str.

Setsuo Miyazawa; Malcolm M. Feeley

Opis

The Japanese legal system is at a crossroads. The contributors to this book explore the most important features of the adversary process as it works in the Japanese criminal justice system. Topics include the right to remain silent, wire tapping, the role of defence counsel, plea bargaining, the power of prosecutors, juvenile justice and judicial independence. Many of the essays seek comparison with practices in Anglo-American countries.

Recenzje

'...a cogent analysis of contexts, controversies, and comparisons in contemporary Japanese criminal justice.' - T.M. Vestal, Choice

Spis treści

Notes on the Contributors Preface; M.M.Feeley & S.Miyazawa Introduction: An Unbalanced Adversary System-Issues, Policies, and Practices in Japan, in Context and in Comparative Perspective; S.Miyazawa Adversarial Legalism and American Criminal Justice; R.A.Kagan Reflections on Japan's Cooperative Adversary Process; D.Foote The Role of the Defence Lawyer in the Japanese Criminal Process; M.Murayama The Bench, the Bar and the State: Judicial Independence in the Japan and the United States; M.M.Feeley Effective Adversaries for the Poor; R.A.Hanson, B.J.Ostrom & A.M.Jones Adversarial Procedure Without a Jury: Is Japan's System Adversarial, Inquisitorial, or Something Else?; S.Shinomiya The Miranda Experience in Japan; T.Takano Plea Bargaining in Japan; D.Johnson Witness Immunity and Bargain Justice: A Look at the Japanese Concept of the Adversary System; M.Inouye Critical Issues in the Law-Making Policy of Japanese Criminal Procedure: The Wiretap Act and the Adversary System at the Pre-trial Stage; T.Murai Miranda , Confessions, and Justice: Lessons for Japan; R.A.Leo The Administration of Juvenile Justice in Japan: Focus on Adversarial Justice; N.Araki European Trends Toward Adversary Styles in Criminal Procedure and Evidence; G.V.Kessel Appendix Index

O autorze

NOBUYOSHI ARAKI Professor of Law, Rikkyo University, Tokyo DANIEL FOOTE Professor, Sociology of Law, University of Tokyo ROGER HANSON Consultant MASAHITO INOUYE Professor of Law, University of Tokyo DAVID JOHNSON Post Doctoral Fellowship, Harvard University ANN M. JONES Senior Research Associate, National Centre for State Courts, Denver ROBERT KAGAN Professor of Political Science and Law, University of California, Berkeley and Director of the Centre for the Study of Law and Society RICHARD LEO Lecturer TOSHIKUNI MURAI Professor of Law, Ryukoku University, Kyoto and President, Japanese Association for Criminal Law MASAYUKI MURAYAMA Professor of Law, Chiba University BRIAN J. OSTROM Principal Research Consultant, National Centre for State Courts, Williamsburg, VIrginia SATORU SHINOMIYA Lawyer TAKSHI TAKANO Member, Saitama Bar Association and Miranda Society in Japan GORDON VAN KESSEL Professor of Law, Hastings School of Law