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NCJ Number: 77251 Add to Shopping cart Find in a Library
Title: Role of Public Prosecutors in Criminal Justice - Prosecutorial Discretion in Japan and the United States
Author(s): M Goodman
Date Published: 1980
Page Count: 31
Sponsoring Agency: National Institute of Justice/
Rockville, MD 20849
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America
Type: Survey (Cross-Cultural)
Language: English
Country: United States of America
Annotation: This booklet summarizes a seminar looking at criminal justice in Japan, prosecutorial powers and discretion in Japan and the United States, and safeguards against the abuse of prosecutorial powers.
Abstract: An introduction outlines the basics of the Japanese criminal justice system and briefly compares the systems of Japan and the United States, pointing out the differences that bring into question Japan's defense of human rights, deliverance of justice, and applicability to the United States criminal justice system. The role of the prosecutor in Japan is highlighted from among panels' and seminar speakers' remarks, with attention given to Japanese prosecutorial powers and responsibilities, the common need in Japan for prosecutorial discretion, the status of the prosecutor as a government official, and the safeguards effected in Japan against abuse of prosecutorial powers. Consideration is then given to problems involved in exercising prosecutorial discretion in the United States. Seminar questions address whether or not a prosecutor is penalized for making an incorrect decision to prosecute, the extent to which the defense attorney is permitted discovery of the government's case against his client before trial, and whether Japan would consider the institution of immunity, at least for specific types of cases where infiltration into an organization is required. Concluding remarks compare Japanese and American systems and their cross-applicability. Workshop topics are mentioned, and eight references, speaker profiles, and a seminar agenda are provided.
Index Term(s): Comparative analysis; Cross-cultural comparisons; Japan; Prosecution; Prosecutorial discretion; United States of America; Workshops and seminars
Note: Presented at a seminar on September 15, 1980 at Japan House in New York City. Public Affairs series no. 14.
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