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By Silvia Croydon

Filling a major vacuum of scholarship at the eastern legal justice process, The Politics of Police Detention in Japan: Consensus of comfort shines a focus at the remand approach for legal suspects in Japan, the place the 23-day period for which people may be held in police custody ahead of being indicted is the longest among built countries, with the vast majority of nations stipulating four days or much less. in addition, in perform, the common size of suspect detention in police cells is even longer because of a number of fees being imposed, and there's little or no use of detention amenities self sufficient of the research, with basically 2% of suspects held during this means. regardless of detention of this type resulting in feedback of Japan as a hotbed of fake convictions, there hasn't ever been a scientific learn of this divergent degree or its history.

The Politics of Police Detention in Japan addresses this omission, first, through drawing on jap history-of-law scholarship to spot the origins of the fashionable day perform, tracing the resource of legitimacy for the continual remand of suspects with the police again to the Meiji period. there's additional historic research addressing the post-war profession of Japan below Allied forces via to the improvement of the nationwide Police company, as every one level additional undermines eastern felony method and bounds reform. Secondly, the writer conducts a political research of the mechanisms during which it's sustained, that includes huge interviews with key avid gamers, together with numerous Justice Ministers and different politicians, Ministry of Justice and Police officers, judges, prosecutors, legal professionals, and NGO representatives.

As the 1st in-depth empirical research of Japan's police detention preparations, this crucial and engrossing booklet highlights how a country units the boundary among the freedom of people and the safety of the group - a dichotomy that's faraway from specific to police detention.

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This statute, which was adopted as part of the 1908 Prison Law, stated that ‘police cells (ryu¯ chijo) could be used in lieu of prisons [that is, MOJ detention facilities, today known as ko¯ chisho]’. As is set out in Chapter 2, however, this step did not in itself yield the system of prolonged police detention as we see it today. Indeed, at the time, the principle of an un-convicted person’s rights was still not very well embedded into the Japanese criminal justice procedure, and, with no measures such as habeas corpus, there were few restrictions on the authority of the police.

They recognize that how they do something is as important as what they do. Knowing they are more than legal instruments, they accept the obligation of moral tutors to be upright in word and deed. (Bayley 1976: 144) It is from such ‘deep-seated attitudes towards [the] authority [of the police]’, held by both the public and the officers themselves, What Produces Policy Divergences? 15 that ‘[t]he lack of enthusiasm for abolishing the pre-charge detention system’ stems (Bayley 1976: 149). Moreover, for Bayley, the trust in the police is so high that ‘[a]rrest is tantamount to conviction’ (Bayley 1976: 149)—the layman would not envisage that a police officer would arrest an innocent man.

These sources include: Methodology 29 • Numerous semi-structured in-depth interviews, each lasting between one and three hours, with: MOJ, NPA, and To¯ kyo¯ Metropolitan Police officials; serving prosecutors and prosecutors from within the administration of the To¯ kyo¯ High Public Prosecutors Office; ex-judges and senior judges in active duty; former justice ministers, a shadow justice minister, and other legislators from the LDP, DPJ, and Social Democratic Party (SDP); a political secretary; lawyers and JFBA spokesmen; convicted inmates, including a death-row inmate with a record of a later contested police detention confession; rehabilitated convicts; a prison warden, a prison guard, and a prison nurse; academics; a media member; and representatives of professional and non-professional non-governmental organizations (NGOs).

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