Section 5: Criminal Justice in Japan

Comparative Criminal Justice by Adam J. McKee

Japan’s criminal justice system is a unique blend of modern legal principles and deeply ingrained cultural values, offering a distinct approach to law and order. Rooted in the civil law tradition, its framework draws heavily from German and French legal systems, emphasizing codified statutes, procedural clarity, and uniform application of the law. At the same time, it integrates traditional Japanese practices that prioritize social harmony, collective well-being, and reconciliation over confrontation. This synthesis results in a justice system that is not only efficient but also culturally attuned to the values of accountability and restoration.

 

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Note to Readers

While my Ph.D. is in Administration of Justice from an American institution, I have done my best to provide accurate information about other countries’ criminal justice systems. I welcome corrections or additional insights from experts and professionals—please contact me via email or the comment box below.

A defining feature of Japan’s system is its reliance on meticulous pretrial investigations and high conviction rates, reflecting the priority placed on thorough evidence gathering and careful legal processes. The system also incorporates innovative practices such as the saiban-in system, where lay judges work alongside professional judges in serious criminal cases, fostering public participation and trust. Yet, Japan’s justice system is not without controversy, particularly in its reliance on confessions and the potential for coercion during interrogations, raising important questions about procedural fairness.

Central to Japan’s approach is the integration of rehabilitation and reintegration into its corrections system. Programs emphasize education, vocational training, and psychological counseling, reflecting a cultural focus on repentance (hansei) and personal growth. Community policing, exemplified by the koban system, reinforces this commitment to prevention and public engagement, creating strong bonds between law enforcement and the communities they serve.

This chapter explores the Japanese criminal justice system in depth, highlighting how it balances codified legal frameworks with cultural traditions. It examines the role of law enforcement, judicial processes, and corrections in maintaining public safety while fostering rehabilitation and reintegration. By blending modern governance with cultural heritage, Japan’s system offers valuable insights into the interplay of tradition and innovation in criminal justice.

 

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File Created:  01/23/2025

Last Modified:  01/25/2025

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