Comparative Criminal Justice Systems:
United States and Japan
Gabriel A. Alvear
Florida International University
Comparative Criminal Justice Systems: United States and Japan Most Americans know the key aspects of our criminal justice system, but fail to learn about criminal justice systems of other nations. However, it is important to learn about other country 's criminal justice systems in order to effectively compare it to ours. It helps us realize the faults in our justice system, and fix them. In this paper, I will be comparing the various aspects of the individualistic United States justice system to collectivist Japan 's. The first thing we will discuss is the vast cultural differences between the two aforementioned
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48). The United States has gained a reputation for mass imprisonment of mostly drug offenders. We have over two million individuals who are currently incarcerated in our prison system. Our incarceration rate per 100,000 population is 910 (Glaze & Kaeble, 2014). Japan 's incarceration rate pales in comparison at only 45 (Wagner, 2003). According to Reichel (2013), United States ' homicide rate per 100,000 population is 5.2, compared to Japan 's rate of 0.5 (p. 30). This is a very significant difference in a comparison of two advanced nations, as Japan 's homicide rate is less than one-tenth of the United States '. As for victimization rates, the United States once again leads at a 21.1% prevalence rate with Japan at a rate of 15.2% regarding 11 different crimes. (van Kesteren, Mayhew, & Nieuwbeerta, 2000). These crimes include car theft, theft from car, car vandalism, motor-cycle theft, bicycle theft, burglary, attempted burglary, robbery, personal theft, sexual incidents, and assaults/threats. Japan operates under the Eastern Asia legal tradition, whereas the United States operates under the common legal tradition. The differences are quite distinct. For example, according to Hahn (1983): Under the civil law traditions of Japan, a judge simply calls attention to the specific statute invoked as authority. In contrast,
The justice system in the United States has two systems, federal and state levels and not only one nationwide structure such as in Finland. The resemblance and differential among the justice systems of the United States and Finland. The similarities and dissimilarities amongst the U.S. and Finland to a degree, the format
Predictably, the United Stated states leads the world in number of prisoners, housing around 2.3 million criminals. Individuals are put in prison for several crimes ranging from burglaries to drug use. Additionally, the United States incarcerates prisoners much longer than other countries. Criminologists and legal experts research that America’s high incarceration rate is due to higher levels of violent crime, potentially stemming from the availability of guns, harsher sentencing laws, racial turbulence, enthusiasm for battling illicit drugs, American temper, and minimal public safety. Furthermore, democracy stimulates it, as many elected judges desire harsh justice. This is due to America having a criminal justice system that is highly politicized. Compared to other nations, the United States has harsher prison sentences, keeping criminals in prison longer, adding to the number of inmates in confinement. Though the assault rate in New York City and London are comparable, the murder rate is much higher due to the easy access of firearms. Despite the decline of murder in the United States, it is still about four times higher than most countries in Western
Evidence suggests that we are more punitive when it comes to crimes relating to property and drugs, but not far from the norm when it comes to violent crimes. In the United States there is an unusually high incarceration rate, this is partly because
Many Americans falsely believe the criminal justice processes are too relaxed. This is illustrated through the conduction of a Gallup poll in which Americans were asked if the United States’ criminal justice system is currently "too tough, not tough enough, or about right" in handling crime. The majority, sixty five percent of people, said the criminal justice
The United States is one of the largest countries in the world so high incarceration rates are expected. However, this rate has drastically increased in the past forty years, surpassing those of countries such as China, which has a population four times larger than the United States
Courts are established social, political, and judicial institutions necessary for the manifestation of justice and the maintenance of law and order. The courts are part of the judicial branch of government, as outlined in Article III of the United States Constitution. Courts are the arenas in which the law is tried and applied. Judges are the presiding officers of the court. The United States Supreme Court is the most fundamental court because has "the authority to decide the constitutionality of federal laws and resolve other disputes over them," (United States Courts, 2012). This is true even though even though the court does not expressly enforce that law; enforcement is the province of the executive branch.
The criminal justice system focuses more on criminalization and incarceration than it does on rehabilitation. The United States of America wins the award for the highest incarceration rate in the world with over 2.3 million people in correctional facilities. America itself contains only about five percent of the world population, but accounts for twenty-five percent of the world’s prisoners (American Civil Liberties Union). With a longstanding history of mass incarceration and
The U.S prison population rose by 700% from 1970 to 2005. A rate far outpacing that of general population growth and crime rates.
The criminal justice system in Japan seems to be efficient and helpful to criminals. Compared to the rates in United States, Japan’s crime rate is less than ten percent. Part of the reason for this is the enormous amount of tolerance the country renders upon minor crimes. While one in three individuals has committed a crime worthy of imprisonment, only less than one in 20 people are sent to jail in Japan (Japan's Criminal-Justice System: Extractors, Few Fans, 1). Furthermore, its criminal justice system directs more attention to assisting and restoring the individual offenders, and especially the younger ones. Crime recurrence is
The speaker argues that the criminal justice system in America treats you better if you're rich and guilty than if you're poor and innocent. Do you agree? Why or why not?
The criminal justice system is a diverse system used around the globe. When in consideration of what the definition of the Criminal Justice system which is a law enforcement that is directly involved in apprehending, prosecuting, defending, sentencing, and punishing those who are suspected or convicted of criminal offenses ("criminal justice system: definition of criminal justice system in Oxford dictionary (American English) (US)," n.d.). Here have been many historical events that have led up to today’s way of handling the criminal trends. So many factors come into play. In order to control or make order of society you need laws and guidelines within the country and as well amongst the international countries.
These fluctuations in criminal justice policies are not just in local governing bodies; these changes are an effort to adapt to a new technologically based modern age, and that goal of adaptation radiates to all ends of the earth, thereby having a global reach. As all societies, and populations of people alter and change, and belief systems ebb and flow, the rules and laws that govern such people must change with them. It is imperative that a governing system stay current, for without an ever-changing system of behavioral structure then those societies race faster toward
Most people don’t know about the three major components of the criminal justice system, but, in this paper the reader will know what they are. The reader will also read about how the three components interrelate to one another, and also how the conflict one another. The
The sentencing philosophy of Japan is a better philosophy of trying to utilize all five of the goals for contemporary sentencing. Japan’s sentencing philosophy tends to emphasize retribution and rehabilitation (Harris, 2013, p. 251). Japan is unique when compared to other countries because of their low incarceration rate (Reichel, 2008, p. 414). When determining how to proceed with the disposition of the offender, Japan bases its decision on how it will benefit society instead of concern for the individual offender (Harris, 2013, p. 251). Unlike many countries, the Japanese public has a great deal of trust in the members of its criminal justice system (Harris, 2013, p. 251).
Japan is generally weighed as being an eccentric, yet remarkable country compared to most. It 's unmistakable and precious culture, industrialized triumph, and immense conformity of the population is just a few examples. Having these standards, Japan has been examined and distinguished to be one of the most leading countries for the lowest crime rate in the world. “Japan shows the lowest overall crime rate with 22 incidents per 100 inhabitants, and the second lowest property crime rate” (Entorf, Spengler, 2002:21). This is a tremendous achievement for such an industrialized and high-populated country. Perhaps, some are contemplating on how Japan became to have one of the lowest crime rates, along with its influence and operation of its law enforcement system used today to service this success. Therefore, the purpose of this paper is to educate and present a meticulous understanding of law enforcement in Japan as a whole. This paper will highlight the following: provide an analysis of the history, structure and organization of the Japanese system, the education and training requirements, issues being encountered regarding law enforcement, and the Japanese system that is being used currently.