Across the world there are many different types of criminal justice system to keep and maintain order and peace within their area of jurisdiction creating a social code of conduct, the law. The criminal justice system tries to deter individuals from disrupting this peace and order by pressuring them with the notion of punishment forcing the individual to abide to the law. These punishments differ from being a punitive one or a rehabilitative nature.
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By doing so the criminal justice has certain power to control society by means of policing. Policing plays an important role in the criminal justice system as it is the first step to criminal proceedings following investigation, judgment and finally punishment where applicable. The criminal justice system can be categorized in three main parts; policing where the investigation is held, the courts for judgement to take place and corrections where the type of punishment is looked over by the correctional authorities (Bernard, 2011). As mentioned before there are many different types of criminal justice system, the author of this literature will be comparing and contrasting the Japanese criminal justice system with the England and Wales’s system. England and Wales criminal justice follows an adversarial system where the magistrate or a jury hears two opposing views of a case. The defence and the prosecution parties can present their case as how they deem fit by calling and examining witnesses as they like within certain restriction provided by the law (Chapman & Niven, 2000). Unlike the England and Wales’s system the Japanese system follows a semi-inquisitorial scheme where a judge is present in the preparation of evidence with the police and has a say in the way different parties are to show their case in trial. The judge asks questions to the witnesses while the defendant and the prosecution parties can enquire additional questions only through the judge (Mortimer, 1994). Furthermore the Japanese system does not use the jury system as the England and Wales do. This system of the Japanese is called the “Monopolization of Prosecution” and gives exclusive power to public prosecutors only. Nevertheless there is an exception to the Monopolization of Prosecution and is practiced when a victim of crime believes that the public prosecutors are abusing of their exclusive power. He or she can apply to the court to order the case to be tried. If the order is well-founded then the court must order the case to be tried and a practicing lawyer is selected by the court to exercise the role of the public prosecutor, however if otherwise the order is dismissed (UNAFEI, 2010). A common characteristic in both the Japanese and the England and Wale’s system is the presumption of innocence until proven guilty and that the standard proof must be beyond the reasonable doubt.
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