Reflections on I Just Didn't Do It, the Lay Judge System, and Legal Education in and out of Japan

2012 ◽  
Vol 7 ◽  
pp. 1-21
Author(s):  
Kent Anderson
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Legal Education ◽  
Wrongful Conviction ◽  
Legal Scholarship ◽  
The Past ◽  
Award Winning ◽  
Japanese Law ◽  
Japanese Criminal Justice

AbstractIn 2007 the Academy Award winning director of Shall We Dance released his new film, a critique of the Japanese criminal justice system from a wrongful conviction perspective. In this article, I use the filmas avehicle to serve three disparate goals. First, I provide the firstlegal critique of the film, a genre of legal scholarship developing over the past 15 years. Second, I use the film to reflect on criminal justice reforms in Japan, in particular the introduction of the Lay Judge System (quasi-jury saiban-in seido) from 2009. Third, I critically ask whether use of film as a legal text assists or distracts from my primary pedagogical objectives in teaching comparative Japanese law. I conclude with a cautious recommendation of I Just Didn't Do It as legal cinema, as a catalyst for reform of the Japanese criminal justice system and as an educational text.

11. Transformation or transition? The English legal system in flux

2021 ◽  
pp. 320-330
Author(s):  
Martin Partington
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Legal System ◽  
Justice System ◽  
Legal Education ◽  
Legal Advice ◽  
The Past ◽  
The Future ◽  
The Impact

The final chapter of this book reflects further on how the legal system has changed and will continue to develop going forwards. The dramatic changes that have been made over the past 20+ years are grouped under two broad headings: modernization and austerity. Looking to the future, the immediate challenge is to finish the Transformation Programme and to deal with the impact of the COVID-19 pandemic. Other issues include: dealing with the criminal justice system; increasing support for legal advice services; and improving public legal education. The chapter argues that lawyers should not fear change, but exploit the opportunities that arise.

scholarly journals Wife Assault, The Justice System and Professional Responsibility

1995 ◽  
Vol 33 (4) ◽  
pp. 908
Author(s):  
Diana Ginn
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Battered Women ◽  
Criminal Law ◽  
Justice System ◽  
Professional Responsibility ◽  
Wife Assault ◽  
The Past ◽  
Key Players ◽  
The Way

The author reviews the response of the criminal justice system to the problem of wife assault by focusing on the key players within the system. The way the criminal law applies to wife assault affects battered women's access to that area of law known as family law, with negative repercussions for them and their children. Several myths about the nature of wife assault help ensure an inappropriate response. These include the myths that the woman is to blame, that by just leaving the abusive situation she can resolve it, and that if she does not leave it is because she enjoys the abuse. The author reviews current methods used by police, prosecutors and judges for dealing with wife assault and discusses the inadequacies of those methods. She concludes that despite many recommendations for change, there have been no significant improvements in the way the criminal justice system deals with wife assault. It is incumbent upon the legal profession to demonstrate professional responsibility by ensuring that wife assault is taken more seriously than it is now and than it has been in the past. This is a necessary reform before battered women can rely on the criminal justice system.

Guilty Until Proved Innocent: Wrongful Conviction and Public Policy

1986 ◽  
Vol 32 (4) ◽  
pp. 518-544 ◽  
Author(s):  
C. Ronald Huff ◽  
Arye Rattner ◽  
Edward Sagarin ◽  
Donal E. J. MacNamara
Keyword(s):  
Public Policy ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Policy Implications ◽  
Innocent Person ◽  
Wrongful Conviction ◽  
Extant Literature ◽  
Efficiency And Effectiveness ◽  
The Subject

Few problems can pose a greater threat to free, democratic societies than that of wrongful conviction—the conviction of an innocent person. Yet relatively little attention has been paid to this problem, perhaps because of our understandable concern with the efficiency and effectiveness of the criminal justice system in combatting crime. Drawing on our own database of nearly 500 cases of wrongful conviction, our survey of criminal justice officials, and our review of extant literature on the subject, we address three major questions: (1) How frequent is wrongful conviction? (2) What are its major causes? and (3) What policy implications may be derived from this study?

Psychological Effects of Victimization: Implications for the Criminal Justice System

1987 ◽  
Vol 33 (4) ◽  
pp. 468-478 ◽  
Author(s):  
Patricia A. Resick
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Psychological Effects ◽  
Criminal Prosecution ◽  
Rape Victims ◽  
Long Term Effects ◽  
Psychological Reactions ◽  
The Past

The purposes of this article are to review research on psychological reactions to criminal victimization, to consider how victims might be affected by participation in the criminal justice system, and to offer some recommendations for the treatment of victims and their families within the criminal justice system. Over the past ten years there have been a series of studies conducted to examine the long-term effects of rape victims. Recently a study was conducted to compare the reactions of robbery victims with rape victims and to compare female and male robbery victims. This article will review the findings from these longitudinal studies with particular attention to victim reactions that may affect or be affected by participation in criminal prosecution.

Restitution as a Sanction in Juvenile Court

1986 ◽  
Vol 32 (2) ◽  
pp. 177-185 ◽  
Author(s):  
William G. Staples
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Historical Perspective ◽  
Juvenile Court ◽  
Current Trend ◽  
Tort Law ◽  
The Past ◽  
Victims Of Crime ◽  
Policies And Practices

Over the past decade, restitution has assumed increasing significance as a sanction both in the juvenile and in the criminal justice system. The purpose of this article is to examine the current trend toward utilizing restitution from a critical and historical perspective. Current restitution policies and practices are placed within the context of three major trends in justice: (1) the individualization of the juvenile court; (2) the growing concern with the victims of crime, and (3) the blurring of traditional distinctions between criminal and tort law. Restitution as a sanction is evaluated in the context of these three developments, and the contemporary form of restitution is compared with its historical predecessors.

scholarly journals Professional Relationship between Crime Investigators and Prosecutors in the Human Trafficking Crimes

2012 ◽  
pp. 12-34
Author(s):  
Yubaraj Sangroula
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Human Trafficking ◽  
Theoretical Basis ◽  
Justice System ◽  
Professional Relationship ◽  
Major Focus ◽  
Failed State ◽  
The Past

The paper delves into some major problems encountered by the criminal justice system of Nepal with regard to the crime of trafficking and protection of victims. An attempt has been made to ponder into notional or theoretical basis of problems as well the procedures being applied in investigation, prosecution and trials of the trafficking offences. The major focus of the article lies on the need of coordination between the investigator and the prosecutor. The paper reflects on some notional misconceptions of actors which are significantly contributing to the 'continuity of the failed state of the prosecution in the trafficking cases. It is an undeniable fact that Nepal's criminal justice system is largely a 'relic' of the past. The new principles adopted in the changed context after 1950 are largely reduced to 'non-productive' due to these looming misconceptions of actors. In this light, the paper has made some general efforts to ' relate the ground reality of Nepal prevailing criminal justice system with the demands of a modern criminal justice system's principles. The issues of trafficking crime are seen in these perspectives.

scholarly journals Child-friendly Justice and Procedural Safeguards For Children in Criminal Proceedings: New Momentum for Children in Conflict with the Law?

2020 ◽  
Vol 8 (1) ◽  
pp. 17
Author(s):  
Ton Liefaard
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Research Agenda ◽  
Justice System ◽  
Criminal Proceedings ◽  
The Past ◽  
Core Elements ◽  
Child Friendly ◽  
The Law ◽  
Justice Systems

Child-friendly justice has its focus on on the effective participation of children in justice systems. During the past decade the concept, grounded in international children’s rights, has become meaningful for justice systems in Europe and beyond. Despite its flaws and gaps, it has the potential of making justice systems more accessible for children, including the (juvenile) criminal justice system with its particular complexity. However, in order to understand its true potential more research is needed. This article elaborates on the concept of child-friendly justice and sheds light on a research agenda around its core elements.  

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