Japanese and United States Criminal Justice System
ESSAY 1: Preparing a Case Comparison
Comparing criminal justice systems of different nations forces us to take a “deep dive” into the social, cultural, political and institutional terrain of the national cases we chose to examine and, at the same time, brings us to reassess our own criminal justice system as the point of reference from which we compare. A full analysis all facets of a criminal justice system would be a lengthy undertaking and it is certainly not something that you could give adequate treatment to in a short essay. What is more manageable is to take one aspect of a criminal justice system and look at that in some depth.
What I want you to do:
Pick a country, that you are interested in, and examine its criminal justice system in terms of one of its dimensions. Each dimension is essentially a topic and you will see a list of suggested topics below. If you wish to pursue a topic not on the list, be sure to consult with me first. The list I offer is by no means comprehensive but these are topics that you should be able to get information on without too much difficulty.
Start with a search of newspaper articles that are pertinent to your criminal justice aspect and to the country case that you wish to study. Start with Lexis/Nexus and the New York Times Index for this. So, for example, if you want to write about changes in how the police in India handle rape crimes, then look for newspaper articles that focus on efforts to reform the Indian police in that respect. These articles will help you to introduce the topic.
Your essay should address the following:
1) Introduction: Introduce the topic by drawing on the newspaper articles that you have found. What is the nature, and the history, of the controversy surrounding your topic?
2) Describe how that dimension of criminal justice that you are examining is implemented in the country that you have chosen as your case study. So, for example, if you are looking at police approaches to dealing with cases of rape; what are the police protocols, are there “special victims units,” are rape kits routinely administered, do prosecutors take on these cases, are there social pressures that discourage victims from coming forward, are there class distinctions that overdetermine how rape cases are handled, does the sentencing for these crimes have a deterrent effect, has the rate of these kinds of crimes gone down?
3) Have there been any reforms to how, the dimension that you are focusing on, is being implemented? Were their advocacy groups that worked through the political process to bring this about?
4) What lessons can be drawn from your topic that might help to improve how that same dimension of criminal justice can be implemented in the United States?
Case Comparison – Japanese and United States Criminal Justice System
Your Name
Subject and Section
Professor’s Name
March 17, 2023
I want to examine the criminal justice system of Japan in terms of its use of the death penalty. Japan is one of the few industrialized nations still employing capital punishment, and there is an ongoing debate about whether this is a just and effective way to punish criminals.
According to a recent article in The Japan Times, the use of the death penalty in Japan has been declining in recent years. In 2020, only two death sentences were handed down, and no executions were carried out (Andreescu & Hughes, 2020). However, the article notes that this decline may be due more to the logistical difficulties of executions during the COVID-19 pandemic than to a fundamental shift in public opinion or government policy.
Japan's use of the death penalty dates back to the Meiji era in the late 19th century and has been controversial ever since (Johnson & Zimring, 2009). Supporters of capital punishment argue that it is a necessary deterrent to violent crime and provides justice for the victims and their families. Opponents, on the other hand, argue that it is cruel and inhumane and that it does not effectively deter crime.
One particular point of controversy in Japan's use of the death penalty is the secrecy surrounding the process. In Japan, death row inmates are not notified of their execution until the morning of the scheduled date, and their families are not informed until after the execution (Insider, 2022). Human rights organizations have criticized this lack of transparency. They argue that it violates the inmates' right to due process and makes it difficult to hold the government accountable for any mistakes or abuses.
Overall, the use of the death penalty in Japan remains contentious, with solid arguments on both sides. As Japan grapples with this issue, it will be essential to consider the legal and moral implications of capital punishment and its practical effectiveness in preventing crime and promoting justice.
Describe the Dimension
As mentioned earlier, I have chosen the country of Japan, and the dimension of criminal justice I will examine is the death penalty. According to the Amnesty International report of 2020, Japan is one of the 55 countries still using the death penalty as a form of punishment. In 2020, the country executed three people by hanging, bringing the total number of executions since 2013 to 45 (Death Penalty Information Center, 2023).
The controversy surrounding the death penalty in Japan is long-standing, with proponents arguing that it is an essential tool for maintaining social order and protecting society from violent criminals. However, opponents of the death penalty argue that it is a cruel and inhumane punishment that does not serve as an effective deterrent and that there is a risk of wrongful conviction. Moreover, there are concerns about the transparency of the death penalty system in Japan, including that death row inmates are not informed of their execution until the day it is carried out.
In Japan, the death penalty is carried out by hanging, and it is applied to people who have been convicted of certain crimes, including murder, terrorism, and treason. The country has a high conviction rate of around 99%, which has led to concerns about the risk of wrongful conviction and the fairness of the criminal justice system (Mac, 2018).
Japan has several unique features regarding how the death penalty is implemented. For example, death row inmates are kept in solitary confinement and can only meet with their lawyers and family members. In addition, the media is not allowed to report on executions until after they have taken place, which has led to criticism that the system lacks transparency.
One notable aspect of the death penalty in Japan is the use of "secret executions," which means that death row inmates are not informed of their execution date until the day it is carried out. This has led to criticism from human rights groups that it is a cruel practice that causes undue psychological suffering to the inmate and their family members.
Implemented Reforms
Similar to other countries which still use the death penalty, the use of the death penalty in Japan remains a contentious issue, with solid arguments on both sides. However, in recent years, there have been some changes in the implementation of the death penalty that may suggest a shift in public opinion or government policy.
One significant development is the decline in death sentences and executions in recent years. In 2020, only two death sentences were handed down, and no executions were carried out. While this decline may be due to logistical difficulties during the COVID-19 pandemic, it may also indicate a shift away from using the death penalty in Japan.
Another significant change has been the increase in cases where life imprisonment without parole is imposed as an alternative to the death penalty. In 2019, the Japanese government revised the Penal Code to allow for life imprisonment without parole for certain crimes, including murder, if the defendant's guilt is apparent ...