The politics of police detention in Japan : consensus of convenience /
"Filling a huge vacuum of scholarship on the Japanese criminal justice system, The Politics of Police Detention in Japan: Consensus of Convenience shines a spotlight on the remand procedure for criminal suspects in Japan, where the twenty-three-day duration for which individuals can be held in...
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Main Authors: | |
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Published: |
Oxford University Press,
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Publisher Address: | Oxford, UK : |
Publication Dates: | [2016] |
Literature type: | Book |
Language: | English |
Series: |
Clarendon studies in criminology
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Subjects: | |
Summary: |
"Filling a huge vacuum of scholarship on the Japanese criminal justice system, The Politics of Police Detention in Japan: Consensus of Convenience shines a spotlight on the remand procedure for criminal suspects in Japan, where the twenty-three-day duration for which individuals can be held in police custody prior to being indicted is the longest amongst developed nations. In practice, the average length of suspect detention in police cells is even longer due to multiple charges being imposed, and there is very little use of detention facilities independent of the investigation, with only 2 percent of suspects held this way. The Politics of Police Detention in Japan addresses this omission, first, by drawing on Japanese history-of-law scholarship to identify the origins of the modern-day practice, tracing the source of legitimacy for the continuous remand of suspects with the police back to the Meiji era. There is further historical analysis addressing the post-war occupation of Japan under Allied forces through to the development of the National Police Agency. Secondly, the author conducts a political analysis of the mechanisms through which it is sustained, featuring extensive interviews with key players, including several justice ministers and other politicians, Ministry of Justice and police officials, judges, prosecutors, lawyers, and NGO representatives. As the first in-depth empirical investigation of Japan's police detention arrangements, this important and engrossing book highlights how a state sets the boundary between the liberty of individuals and the security of the community - a dichotomy that is far from unique to police detention. Of interest to academics and students of criminology, sociology, policing studies, law, and international relations, the book also has lessons to offer to those interested in human rights implementation more generally, as well as policy makers and NGOs"--Unedited summary from book jacket. |
Carrier Form: | xxi, 211 pages : illustrations ; 22 cm. |
Bibliography: | Includes bibliographical references (pages [195]-207) and index. |
ISBN: |
9780198758341 0198758340 |
Index Number: | HV8486 |
CLC: | D931.34 |
Call Number: | D931.34/C954 |
Contents: | Introduction. Japan's police detention system in perspective ; Additional motivation for studying police detention in Japan ; Some important caveats ; What produces policy divergences? ; An institutional approach -- Methodology -- What lies ahead -- Origin of the modern system of police custody. Administrative musical chairs and the birth of substitute prison ; A tool for political oppression in the pre-war period ; Occupation reforms: job half done ; The scene being set, enter the players ; Conclusion -- A tale of two detention bills ; Two bills or not two bills. Monkey on the MOJ's back ; Some near-death experiences ; Overseas interest ; Conclusion -- Two-step amendment compromise. The Nagoya saga ; Time to go to work ; Why do today what you can put off until tomorrow ; Outstanding business ; Diet: no alternatives ; The aftermath ; Conclusion -- Deconstructing the substitute prison landscape. Substitute jurisdiction: the mutually symbiotic NPA-MOJ relationship ; Supporting actors ; A bird's-eye view: entrenchment through positive feedback -- Towards the future: lay judges and the end of the status quo -- Conclusion. |