Popular Participation in Japanese Criminal Justice

From Jurors to Lay Judges

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Author: Andrew Watson

Publisher: Springer

ISBN: 3319350773

Category: Social Science

Page: 177

View: 4699

This book analyses the mixed courts of professional and lay judges in the Japanese criminal justice system. It takes a particular focus on the highly public start of the mixed court, the saiban-in system, and the jury system between 1928-1943. This was the first time Japanese citizens participated as decision makers in criminal law. The book assesses reasons for the jury system's failure, and its suspension in 1943, as well as the renewed interest in popular involvement in criminal justice at the end of the twentieth century. Popular Participation in Japanese Criminal Justice proceeds by explaining the process by which lay participation in criminal trials left the periphery to become an important national matter at the turn of the century. It shows that rather than an Anglo-American jury model, outline recommendations made by the Japanese Judicial Reform Council were for a mixed court of judges and laypersons to try serious cases. Concerns about the lay judge/saiban-in system are raised, as well as explanations for why it is flourishing in contemporary society despite the failure of the jury system during the period 1928-1943. The book presents the wider significance of Japanese mixed courts in Asia and beyond, and in doing so will be of great interests to scholars of socio-legal studies, criminology and criminal justice.

Human Trafficking, Human Misery

The Global Trade in Human Beings

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Author: Alexis A. Aronowitz

Publisher: Greenwood Publishing Group

ISBN: 0275994813

Category: Social Science

Page: 285

View: 7074

This volume takes a global perspective and uses first-hand accounts and stories to examine the problem of human trafficking in its various manifestations around the world.

Who Judges?

Designing Jury Systems in Japan, East Asia, and Europe

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Author: Rieko Kage

Publisher: Cambridge University Press

ISBN: 1107194695

Category: Political Science

Page: 280

View: 9948

Who Judges? is the first book to explain why different states design their new jury systems in markedly different ways.

The Development of Jury Service in Japan

A square block in a round hole?

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Author: Anna Dobrovolskaia

Publisher: Routledge

ISBN: 1317035976

Category: Law

Page: 296

View: 8635

This book presents a comprehensive account of past and present efforts to introduce the jury system in Japan. Four legal reforms are documented and assessed: the implementation of the bureaucratic and all-judge special jury systems in the 1870s, the introduction of the all-layperson jury in the late 1920s, the transplantation of the Anglo-American-style jury system to Okinawa under the U.S. Occupation, and the implementation of the mixed-court lay judge (saiban’in) system in 2009. While being primarily interested in the related case studies, the book also discusses the instances when the idea of introducing trial by jury was rejected at different times in Japan’s history. Why does legal reform happen? What are the determinants of success and failure of a reform effort? What are the prospects of the saiban’in system to function effectively in Japan? This book offers important insights on the questions that lie at the core of the law and society debate and are highly relevant for understanding contemporary Japan and its recent and distant past.

From Sovereign Impunity to International Accountability

The Search for Justice in a World of States

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Author: Ramesh Chandra Thakur,Petrus Adrianus Maria Malcontent

Publisher: United Nations Publications

ISBN: 9789280811001

Category: Law

Page: 305

View: 9374

This publication examines international criminal liability, crimes against humanity and the role of the international criminal courts, and explores the changing political and human rights context that gave rise to the international norm of individual criminal accountability. It brings together a preeminent group of experts to explore the progress, scope and controversies of international accountability

Networked Governance of Freedom and Tyranny

Peace in Timor-Leste

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Author: John Braithwaite,Hilary C. Charlesworth,Adérito Soares

Publisher: ANU E Press

ISBN: 1921862769

Category: History

Page: 365

View: 7490

This book offers a new approach to the extraordinary story of Timor-Leste. The Indonesian invasion of the former Portuguese colony in 1975 was widely considered to have permanently crushed the Timorese independence movement. Initial international condemnation of the invasion was quickly replaced by widespread acceptance of Indonesian sovereignty. But inside Timor-Leste various resistance networks maintained their struggle, against all odds. Twenty-four years later, the Timorese were allowed to choose their political future and the new country of Timor-Leste came into being in 2002. This book presents freedom in Timor-Leste as an accomplishment of networked governance, arguing that weak networks are capable of controlling strong tyrannies. Yet, as events in Timor-Leste since independence show, the nodes of networks of freedom can themselves become nodes of tyranny. The authors argue that constant renewal of liberation networks is critical for peace with justice - feminist networks for the liberation of women, preventive diplomacy networks for liberation of victims of war, village development networks, civil society networks. Constant renewal of the separation of powers is also necessary. A case is made for a different way of seeing the separation of powers as constitutive of the republican ideal of freedom as non-domination. The book is also a critique of realism as a theory of international affairs and of the limits of reforming tyranny through the centralised agency of a state sovereign. Reversal of Indonesia's 1975 invasion of Timor-Leste was an implausible accomplishment. Among the things that achieved it was principled engagement with Indonesia and its democracy movement by the Timor resistance. Unprincipled engagement by Australia and the United States in particular allowed the 1975 invasion to occur. The book argues that when the international community regulates tyranny responsively, with principled engagement, there is hope for a domestic politics of nonviolent transformation for freedom and justice.

Law and Society in Korea

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Author: Hyunah Yang

Publisher: Edward Elgar Publishing

ISBN: 9781781953631

Category: Law

Page: 236

View: 4790

ÔAs dynamic as legal change has been in South Korea, it has also been understudied, at least until the arrival of this wonderful collection of essays. The authors, who are all leading figures in the field, demonstrate convincingly that Korean experience is relevant to many of the contemporary questions in law and society studies, including how to understand the dynamics of legal change, the role of law in development, the nature of transitional justice, and law in the postcolonial state. Every law and society scholar should read this book.Õ Ð Tom Ginsburg, University of Chicago, US This book sets out a panoramic view of law and society studies in South Korea, considering the factors that have made this post-colonial war-torn country economically and politically successful. The contributors examine societal and historical conditions that are reflected in Ð or that were shaped by Ð the law, through a variety of lenses; including law and development, law and politics, colonialism and gender, past wrongdoings, public interest lawyering, and judicial reform. In dismantling the historical specificity of the way in which Korea studies are universally framed the contributions provide novel views, theories and information about South Korean law and society. Incorporating various perspectives and methodologies, and demonstrating a finely crafted application of general theory to specific issues, this compendium will prove insightful to law scholars and researchers looking to widen their perspective and broaden their knowledge on law and society in Korea. Law practitioners whose practice requires knowledge of the Korean legal system will also find plenty of information in this authoritative book.

Civic Insecurity

Law, Order and HIV in Papua New Guinea

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Author: Vicki Luker,Sinclair Dinnen

Publisher: ANU E Press

ISBN: 1921666617

Category: Social Science

Page: 338

View: 2994

Papua New Guinea has a complex ‘law and order’ problem and an entrenched epidemic of HIV. This book explores their interaction. It also probes their joint challenges and opportunities—most fundamentally for civic security, a condition that could offer some immunity to both.

The Invention of International Crime

A Global Issue in the Making, 1881–1914

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Author: P. Knepper

Publisher: Springer

ISBN: 0230251129

Category: History

Page: 254

View: 9093

We live in the age of international crime but when did it begin? This book examines the period when crime became an international issue (1881-1914), exploring issues such as 'world-shrinking' changes in transportation, communication and commerce, and concerns about alien criminality, white slave trading and anarchist outrages.

Imagining Law:

Essays in Conversation with Judith Gardam

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Author: Dale Stephens,Paul Babie

Publisher: University of Adelaide Press

ISBN: 192526131X

Category: Law

Page: 332

View: 9542

By any measure, Judith Gardam has accomplished much in her professional life and is rightly acknowledged by scholars throughout the world as an expert in her many fields of diverse interest — including international law, energy law and feminist theory. This book celebrates her academic life and work with twelve essays from leading scholars in Gardam’s fields of expertise.

Handbook of European Homicide Research

Patterns, Explanations, and Country Studies

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Author: Marieke C. A. Liem,William Alex Pridemore

Publisher: Springer Science & Business Media

ISBN: 9781461404668

Category: Social Science

Page: 513

View: 1486

This comprehensive work provides a sourcebook of information about the substantive, methodological, and policy-oriented aspects of homicide research in Europe. Part one of this work covers the most recent substantive and methodological information about European homicide research. The second part will contains detailed case studies on homicide research in 15-20 individual European nations. This work will be both conceptual and practical. conceptual and practical. Conceptual aspects will focus on theoretical frameworks and patterns and trends of violence in Europe. Practical aspects will examine the results of empirical research, topics relating to different data sources and the variation of legal definitions of violence throughout Europe, and policy issues relating to variation in homicide prevention and punishment of homicide offenders throughout Europe. This handbook will not only provide an up-to-date reference that brings together known information, but will also offer previously unpublished comprehensive literature reviews and original research findings. The editors’ distinctive approach is to provide readers with an English-language central source of information about the voluminous literature on European homicide research that is currently spread widely in dozens of different European and American journals.

Policing in Hong Kong

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Author: Kam C. Wong

Publisher: Routledge

ISBN: 1317079035

Category: Law

Page: 380

View: 8708

This book is one of the first to document the challenges and opportunities facing the Hong Kong police force following the reversion of political authority from the UK to China in 1997. Thematically organized and oriented towards those issues of greatest concern to the public, such as police accountability, assaults on police, police deployment, surveillance powers, and policing across borders, it provides a detailed discussion of these and other contemporary issues. The opening chapter sets the work within historical context while the final chapter provides a comparison of policing in Hong Kong with public security in the PRC. The book will be of value to students and researchers working in the area of comparative policing, and comparative criminal justice, as well as police professionals, and policy-makers.

Lay Participation in Criminal Trials

The Case of Croatia

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Author: Sanja Kutnjak Ivković

Publisher: Austin & Winfield Pub

ISBN: N.A

Category: Law

Page: 566

View: 8259

Ordinary citizens have been a part of many decision-making bodies throughout history. In this important new study, Sanja Kutnjak Ivkovic examines development of various forms of lay participation in legal decision-making. She specifically focuses on the development of mixed tribunals in which professional and lay judges decide cases jointly. Primarily concerned with the nature of Croatian mixed tribunals, Ivkovic investigates recent trials, providing an in-depth look at the interaction among tribunal members. She presents a detailed analysis that determines how gender, age, occupational prestige, and education affect the perceived frequency and importance of lay judges' participation during trial and deliberation. Finally, she discusses the future of mixed tribunals and possible improvements to the system. Ivkovic's work is a timely contribution that will not only help readers understand recent events in Croatia but has the potential to improve the quality of any tribunal composed of professional and lay members.

Governance in Developing Asia

Public Service Delivery and Empowerment

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Author: Anil B. Deolalikar,Shikha Jha,Pilipinas F. Quising

Publisher: Edward Elgar Publishing

ISBN: 1784715573

Category: Political Science

Page: 368

View: 5561

Governance in Developing Asia is one of the first books of its kind to provide an overview of the role that better governance and citizen empowerment can play in improving public service delivery in developing Asia. The World Development Report 2004 se

The Cambridge Handbook of Deliberative Constitutionalism

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Author: Ron Levy,Hoi Kong,Graeme Orr,Jeff King

Publisher: Cambridge University Press

ISBN: 1108307795

Category: Law

Page: 392

View: 8464

Deliberative democratic theory emphasises the importance of informed and reflective discussion and persuasion in political decision-making. The theory has important implications for constitutionalism - and vice versa - as constitutional laws increasingly shape and constrain political decisions. The full range of these implications has not been explored in the political and constitutional literatures to date. This unique Handbook establishes the parameters of the field of deliberative constitutionalism, which bridges deliberative democracy with constitutional theory and practice. Drawing on contributions from world-leading authors, this volume will serve as the international reference point on deliberation as a foundational value in constitutional law, and will be an indispensable resource for scholars, students and practitioners interested in the vital and complex links between democratic deliberation and constitutionalism.

Contemporary Anarchist Studies

An Introductory Anthology of Anarchy in the Academy

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Author: Randall Amster,Abraham DeLeon,Luis Fernandez,Anthony J. Nocella, II,Deric Shannon

Publisher: Routledge

ISBN: 1134026439

Category: Political Science

Page: 336

View: 9002

This volume of collected essays by some of the most prominent academics studying anarchism bridges the gap between anarchist activism on the streets and anarchist theory in the academy. Focusing on anarchist theory, pedagogy, methodologies, praxis, and the future, this edition will strike a chord for anyone interested in radical social change. This interdisciplinary work highlights connections between anarchism and other perspectives such as feminism, queer theory, critical race theory, disability studies, post-modernism and post-structuralism, animal liberation, and environmental justice. Featuring original articles, this volume brings together a wide variety of anarchist voices whilst stressing anarchism's tradition of dissent. This book is a must buy for the critical teacher, student, and activist interested in the state of the art of anarchism studies.

Crime, Criminal Justice, and the Evolving Science of Criminology in South Asia

India, Pakistan, and Bangladesh

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Author: Shahid Shahidullah

Publisher: Springer

ISBN: 1137507500

Category: Social Science

Page: 417

View: 393

Written by some of the most notable criminologists of South Asia, this book examines advances in law, criminal justice, and criminology in South Asia with particular reference to India, Pakistan, and Bangladesh. The edited collection explores, on the basis of surveys, interviews, court records, and legislative documents, a wide range of timely issues such as: the impacts of modernization and globalization on laws combating violence against women and children, evolution of rape laws and the issues of gender justice, laws for combating online child sexual abuse, transformation in juvenile justice, integration of women into policing, the dynamics of violence and civility, and the birth of colonial criminology in South Asia. Students of criminology and criminal justice, practitioners, policy-makers, and human rights advocates will find this distinctive volume highly valuable.

Stopping Rape

Towards a Comprehensive Policy

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Author: Walby, Sylvia,Olive, Philippa

Publisher: Policy Press

ISBN: 1447322096

Category: Family & Relationships

Page: 308

View: 3676

This important book offers a comprehensive guide to the international policies developed to stop rape , together with case study examples on how they work. The book describes how law and criminal justice system, health services, specialised services for victim-survivors, educational and cultural interventions can best be coordinated.

World Jury Systems

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Author: Neil Vidmar

Publisher: Oxford University Press on Demand

ISBN: 9780198298564

Category: Law

Page: 464

View: 4529

This unique volume on modern jury systems presents in-depth coverage of juries in Australia, England, Canada, New Zealand, the Republic of Ireland and Northern Ireland, Scotland and the United States. Coverage involves civil as well as criminal juries. The book has enormous value for students of comparative law and for practitioners and policy makers who are concerned about issues such as free press versus fair trial', pretrial prejudice, racial or ethnic bias, and complex evidence.