The United States Criminal Justice System uses procedural justice; whereas, the Japanese Justice System uses substantive justice (DeSombre, 1995). Procedural law “points out the kind of evidence that can be submitted, what the jury is allowed to hear and the credentials of those allowed to represent the defendant” (Schmalleger, 2011, p. 20). Procedural law protects the rights of criminal suspects by specifying step-by-step rules that outline the legal criminal procedure by which the criminal justice system functions and the substantive criminal law can be enforced (Schmalleger, 2011). Procedural law acts as a balance between the rights of criminal suspects and the state’s interests in processing the criminal defendants promptly and efficiently
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A famous case where judicial review was applied was the Miranda v. Arizona (1966). Ernesto Miranda was arrested and interrogated without being informed that he could have an attorney present and he did not have to talk to the police officers (Schmalleger, 2011). Miranda’s conviction was overturned by the Supreme Court because his constitutional rights were violated (Schmalleger, 2011). A simple example, when a judge gives instructions to the jury on how to apply the law for a particular case, but the judge gives the wrong interpretation of the law and it was found that the mistake had an impact on the outcome of the case, the verdict may be overturned on judicial review. The judicial review in Japan, has been deemed a failure, due to the fact that the Japanese Supreme Court has rarely overturned the decisions of the government and legislation (Digital Commons at Loyola Marymount University and Loyola Law School, 2008). The short tenures of the judges on the court is a contributing factor to the judicial review being characterized as a failure, in Japan (Digital Commons at Loyola Marymount University and Loyola Law School, …show more content…
In the United States codifies laws control how the dispute will end; whereas, in Japan case law does not offer guidance, although the persuasiveness may be relied upon if not in conflict with the code (Syam, 2013). In Japan, the suspect is interrogated in isolation and they do not have the right to request an attorney be present during questions nor can they stop the interrogation to talk to an attorney (DeSombre, 1995). In Japan, attorneys have the role of being a litigator and, assisting in court cases; whereas, in the United States attorneys have an extended role in court proceedings (Syam, 2013). In Japan, courts rely on the attorneys to present written briefs; whereas, in the United States, the attorneys present oral briefs (Syam, 2013). Japan uses the “Monopolization of Prosecution” system; instead of, the jury system as the United States do (Syam, 2013). The Japanese legal system does not allow plea bargaining; whereas, the United States legal system allows plea bargaining (DeSombre,
A famous case where judicial review was applied was the Miranda v. Arizona (1966). Ernesto Miranda was arrested and interrogated without being informed that he could have an attorney present and he did not have to talk to the police officers (Schmalleger, 2011). Miranda’s conviction was overturned by the Supreme Court because his constitutional rights were violated (Schmalleger, 2011). A simple example, when a judge gives instructions to the jury on how to apply the law for a particular case, but the judge gives the wrong interpretation of the law and it was found that the mistake had an impact on the outcome of the case, the verdict may be overturned on judicial review. The judicial review in Japan, has been deemed a failure, due to the fact that the Japanese Supreme Court has rarely overturned the decisions of the government and legislation (Digital Commons at Loyola Marymount University and Loyola Law School, 2008). The short tenures of the judges on the court is a contributing factor to the judicial review being characterized as a failure, in Japan (Digital Commons at Loyola Marymount University and Loyola Law School, …show more content…
In the United States codifies laws control how the dispute will end; whereas, in Japan case law does not offer guidance, although the persuasiveness may be relied upon if not in conflict with the code (Syam, 2013). In Japan, the suspect is interrogated in isolation and they do not have the right to request an attorney be present during questions nor can they stop the interrogation to talk to an attorney (DeSombre, 1995). In Japan, attorneys have the role of being a litigator and, assisting in court cases; whereas, in the United States attorneys have an extended role in court proceedings (Syam, 2013). In Japan, courts rely on the attorneys to present written briefs; whereas, in the United States, the attorneys present oral briefs (Syam, 2013). Japan uses the “Monopolization of Prosecution” system; instead of, the jury system as the United States do (Syam, 2013). The Japanese legal system does not allow plea bargaining; whereas, the United States legal system allows plea bargaining (DeSombre,