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Japan's Prosecution Review Commission: On the Democratic Oversight of Decisions Not To Charge

Japan's Prosecution Review Commission: On the Democratic Oversight of Decisions Not To Charge

  • 作者:
  • 出版商: Palgrave Macmillan
  • ISBN: 9783031193729
  • 出版时间 January 2023
  • 规格: Hardback
  • 适应领域: Switzerland ? 免责申明:
    Countri(es) stated herein are used as reference only
¥1,291.56
发货时间:大约 4-5 weeks
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Hong Kong: free delivery (order over HKD 1000)
  • 描述 
  • 大纲 
  • 详细

    This book explains Japan's unique Prosecution Review Commission (PRC) which is composed of eleven lay people selected randomly from voter registration lists. Each of the country's 165 PRCs reviews non-charge decisions made by professional prosecutors and determines which cases should be reinvestigated or charged. PRCs also provide prosecutors with general proposals and recommendations for improving their policies and practices. The book analyzes the history and operations of the PRC and uses statistics and case studies to examine its various impacts, from legitimation and shadow effects to kickbacks and mandatory prosecution.

    More broadly, this book explores a problem that is common in many criminal justice systems: how to hold prosecutors accountable for their non-charge decisions. It discusses the potential these panels have for improving the quality of criminal justice in Japan and other countries, and it will appeal to scholars and students studying prosecution and democracy, criminal justice, criminology, lay participation, justice reform, and Japanese studies.

  • Chapter 1 - Prosecutors & the Prosecution Review Commission The Problems with Prosecutors
    Power
    Discretion
    Misconduct
    Ideology
    Accountability
    Inertia
    Role Ambiguity
    Three PRC Frames
    Victims
    Impunity
    Democracy
    Conclusion

    Chapter 2 - Origins and Operations
    Origins
    The PRC Law of 1948
    The PRC Reform of 2009
    Operations
    A Japanese Grand Jury?
    A Japanese Special Prosecutor?
    Conclusion

    Chapter 3 - Impacts
    A Bird's-Eye View
    Kickback Patterns
    Kickback Effects
    A Surge of Complaints
    Conclusion: Legitimation, Kickbacks, and Shadow Effects

    Chapter 4 - Mandatory Prosecution
    Akashi Pedestrian Bridge Case
    JR West Amagasaki Rail Crash Case
    Okinawa Unlisted Stock Fraud Case
    Rikuzankai Case
    Senkaku Islands Ship Collision Case
    Tokushima Town Mayor Assault Case
    Golf Instructor Quasi-Rape Case
    Judo Student Severe Injury Case
    Tomei Road Rage Internet Libel Case
    TEPCO Nuclear Meltdown Case
    Conclusion

    Chapter 5 - The TEPCO Case
    Prosecution
    Trial
    Shaky Prediction?
    No Duty to Shut It Down?
    Absolute Safety Not Required?
    What If?
    Reactions to the Acquittals
    Analysis
    Prosecution and Truth
    Comparisons
    The Under-Prosecution of White-Collar Crime
    The Limits of the Criminal Sanction

    Chapter 6 - Lessons
    A Failure to Prosecute Rape
    Lessons
    It Is Possible to Check Non-Charge Decisions
    Origins
    Legitimation Effects
    Kickback Effects
    Shadow Effects
    Few Mandatory Prosecutions and Convictions
    The Challenge of Controlling White-Collar Crime
    Knowledge Gaps
    Citizen Satisfaction
    PRC Dangers
    Prosecution and Democracy
    Implications for Other Countries
    Reform in Japan

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