Wednesday May 23, 2012

Still Seeking Justice

Still Seeking Justice

TOKYO —

In this book the authors address recent reforms implemented to Japan’s judicial system, pointing to a bundle of unsavory problems in the new system and offering insightful suggestions for its improvement.

The authors are Hiromasa Ezoe, the central figure in the Recruit scandal that rocked Japan in the late 1980s, and attorneys who were involved in his defense trial. In the companion volume “Where Is the Justice?” (2010), Ezoe describes how a groundless news scoop by the Asahi Shimbun newspaper in 1988 led to a full-fledged media frenzy in which he, the founder of Recruit Co, Ltd, a prominent publisher of information magazines, was quickly reduced from a highly regarded self-made media baron to a viciously vilified perpetrator of bribery deserving of the severest punishment—all before he was put on trial. He also reveals how he was subjected to torture-like interrogations by prosecutors behind closed doors.

Japan “boasts” a conviction rate of 99.8%—a statistic unimaginably high in any other country. But that phenomenal “success” rate is the result of coercive interrogations away from public scrutiny. What is needed is complete recording in all situations. In addition, as the Recruit case revealed, in Japan judicial decisions are heavily influenced by the content and tone of media reporting. There are warranted concerns that the new lay judge system will only amplify such influence. Also. lay judges are compelled to bear unconscionably heavy burdens.

Ezoe and his co-authors deal with these issues, and offer suggestions aimed at bringing Japan’s justice system, belatedly, into the 21st century.

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    chotto

    Unfortunately it won't have the publicitiy it deserves.

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    Novenachama

    The recent reforms implemented to Japan's judicial system as described in his new book points to numerous problems with the new system. He addresses the fact that Japan's criminal conviction rate of 99.8% would be unimaginable in any other country. Bu that phenomenal success rate is the result of coercive interrogations away from public scrutiny. Japanese judicial decisions are heavily influenced by the content and tone of media reporting and they are warranted concerns that the new judge system will only amplify such influence. The Japanese legal system and appeal system have reputation for being ridiculously slow. Many legal matters are solved with counselors in offices rather than in court rooms and the cost of litigation is high. The Japanese sense of duty, harmony and community spirit discourages public confrontation and negates the need for judicial solutions. Therefore it offers fewer protections for individual rights than other systems and discourages people with legitimate complaints from taking their concerns to court. Overall this book is good and just a continuation of the first book. It's essential reading for anyone interested in the Japanese justice system. In my view, the Japanese justice system faces similar challenges and shares many of the same flaws that characterize similar systems the world over. Although, I have reservations about the Japanese system, but there insufficient to change the bottomline: Thus the Japanese way of justice is uncommonly just.

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    fds

    may be an interesting insight into the japanese justice system but sounds more like sour grapes to me.

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