Unquestionably, each country has its criminal justice system with a set of laws for effective governance. These laws differ in various countries depending on their policies. However, international criminal law (ICL) for international crimes involves the most severe crimes that are of global community concern. Violations of this law can result in imprisonment. The primary categories of transnational crimes include crimes against humanity, aggression, genocide, and war crimes. Universal criminal law offers criminal sanctions that apply to every perpetrator. These perpetrators include the persons involved in the acts’ authorization and planning and those who directly committed the crimes. In the recent past, there have been various treaties adopted by the international community to regulate the illicit manufacture, use, trade, and production of drugs. Therefore, drug offenses are categorized as international offenses. In Japan, drug smuggling offenses are criminalized under their domestic laws, and the victims may suffer severe consequences, including fines and jail terms. Similarly, drug trafficking is illegal in the United States.
Japan’s Country Analysis
Introduction of the Country
Criminal law is one of the most significant laws in any country. Japan, one of the world’s famous island countries, uses this law to prohibit any conduct that can cause or threaten the public interest, to define and warn people of the acts subject to criminal punishment, distinguish between minor and serious offenses, and impose penalties to protect the society and satisfy the demands for deterrence, rehabilitation, and retribution. For instance, Japan has a “zero-tolerance” policy for drug-related crimes. Consequently, the country has set strict penalties, including fines or jail time, for such crimes. For example, Japan’s Cannabis Control Law, which is applicable overseas, subjects the growers or owners of the marijuana plant to up to seven and five imprisonment years, respectively ( Osaki, 2021 ). Such laws are a clear indication of Japan’s commitment to fighting drug trafficking.
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The Japanese People and Society
The current Japanese population primarily consists of descendants of various individuals who migrated from Asia. Ainu is one of the groups that migrated to Japan in prehistoric times. Japanese (Nihongo) is the predominant and official language in the country. In the recent past, the Japanese government policy planners have been concerned by the steady population decline, which began in the 2010s. The growing and large portion Japanese population is made up of the elderly. As a result, the concerns in question resulted in a 2018 legislation that allowed more foreign workers into Japan, mostly on a temporary basis ( The Columbia Electronic Encyclopedia, 2017 ).
Japanese Economy
Japan has one of the most developed and largest economies globally. Its workforce is well educated, large, and dynamic. Due to its affluent population, it is one of the world’s biggest consumer markets. In 2016, the Japanese gross domestic product (GDP) was approximately USD 4.7 trillion. Its population enjoys high living standards. The country was one of the first Asian nations to climb the value from cheap textiles to advanced services and manufacturing after World War II. The climb in question accounts for the majority of the country’s employment and GDP. Primary industries such as agriculture account for one percent of the GDP. Decidedly, manufacturing has been one of the internationally renowned and the most remarkable features of Japan’s economic growth. However, international trade also contributes significantly to the economy in question. Japan’s exports are equivalent to about 16 percent of the GDP ( Park & Sung, 2020).
Japan Relations with the United States
Unquestionably, Japan and the United States of America have excellent relations. Since the 20 th century, the two countries have created active and firm military, economic, and political relationships. As a result, in the modern world, the US considers Japan one of its closest partners and allies. The two countries are among the top three economic powers. Subsequently, despite the occasionally acrimonious trade frictions between the two countries, they both depend on close economic ties for their wealth. Due to their strong relationship, Japan has previously offered its support to the US operations in Iraq and Afghanistan and cooperated with efforts desired to undermine terrorism financial support ( Park & Sung, 2020 ). Therefore, the relationship between Japan and the United States is recommendable and beneficial to both countries.
Japan’s Government Structure and its Connections to the Criminal Justice System
Japan’s Constitution is based on the principles of advocacy of peace, respect for fundamental human rights, and popular sovereignty principles. The national government activities are formally divided into executive, judicial, and legislative organs. Conversely, the judicial organ handles the criminal justice system, with the Supreme Court being the highest. Other courts include the summary courts, family courts, high courts, and district courts. One of the cabinet duties is to appoint judges ( Negi, 2020).
The Japanese emperor is the representation of the state and the people’s unity. However, sovereign authority rests with the people. The emperor performs various acts in state matters and with the approval and advice of the Cabinet. These acts include the promulgation of amendments of the cabinet treaties and orders, laws, Constitution, Diet convocation, House of Representative’s dissolution, general election proclamation for the Diet members, and the attestation of the dismissal and appointment of State Ministers, among other officials as stipulated by laws. Additionally, the emperor appoints the prime minister designated by the Diet and the Supreme Court’s Chief Justice as assigned by the Cabinet ( Negi, 2020 ). The emperor’s Imperial throne is dynastic, thus succeeded hereditarily.
The National Diet is the highest state power organ and the only law-making organ. The House of Representatives consists of 480 members. However, 180 are elected through the proportional representation system and the other 300 by the single-seat constituencies. Their four years term of office can be dismissed before the full term if the House is dissolved. The House of Councilors has 242 members, of whom 146 are chosen from 47 prefectural constituencies and 96 by the relational system representation from a one nationwide electoral district ( Negi, 2020). These members have six-year tenure of office, and half of the participants are elected every three years.
The Cabinet, which comprises not more than 17 State Ministers and the Prime Minister, has the executive power. When the Diet’s session is convened, or the Prime Minister’s position becomes unoccupied, the Cabinet has to resign en masse. The Prime Minister has a duty of appointing and dismissing the State Ministers ( Negi, 2020 ). Since the Prime Minister represents the Cabinet, they submit bills to the Diet, exercise supervision and control over various administrative divisions, and report to the Diet on foreign relations and overall affairs.
Basis of Law in Japan and the Major Components of the Criminal Justice System
Conventionally, Japan is classified as a civil law legal system that is based on codified law. The country’s Constitution was replaced, and some rules were amended or newly enacted after World War II. We significantly influenced the new regulations through the Allied Occupation. Subsequently, the legal system in Japan is almost similar to the European system. However, the United States’ influence and the traditional standards in Japan have improved the system . Although the National Cabinet is the law-making organ, most laws are drafted by government agencies and given to the Diet ( Negi, 2020) .
The Supreme Court and other lower courts, including Summary Courts, Family Courts, District Courts, and High Courts, contain all judicial powers. The Constitution guarantees the judiciary independence. The ministry notifications, ministry ordinances, cabinet orders, codes and laws/well-established customs, international agreements and treaties, and the Constitution are the official sources of law in Japan. Judicial decisions are regarded as essential, thus being codified and compiled ( Negi, 2020 ). The Highest Court judgments are believed to be obligatory on lower courts. Besides, high court decisions are significantly influential to the lower courts.
The Drug Smuggling Scenario
One of my friends, Swagger, seven years ago, who used to import goods from various countries, requested me to join him for a business trip to Japan. Since I had never been there before, I was excited and accepted the offer. After staying for three weeks in Japan, Swagger informed me that he wanted me to help him smuggle some cocaine on our way back to the United States. I was against the idea, but I feared to consequences since I depended on him. Swagger advised that body-packing was the safest means to smuggle the substance. I swallowed about 60 packages containing cocaine. The packages had a net weight of approximately 500 grams. However, during a security check at the airport, the plain abdominal radiography showed multiple foreign bodies’ shadows in the gastrointestinal tract. However, the results of the urine and blood cocaine measurements were negative. The authorities decided to keep us in their department for 37-hours to monitor our temperature, heart rate, and blood pressure. Oral fluids and laxatives were administered, and all the packages were evacuated through the natural way. Abdominal radiography control was used to make a follow-up.
Japan’s Specific Law on Drug Smuggling
In Japan, drug regulation is governed by six laws, including Cannabis Control Act, the Deleterious and Poisonous Substance Control Act, the Stimulation Control Act, the Psychotropic and Narcotics Control Act, the Opium Act, and the act on securing safety, efficacy, and quality of products. According to Koto et al. (2020), the Narcotics and psychotropic control act, which was enacted in 1953, states that use or passion of heroin is punishable for up to 10 years in jail. Other narcotic plants and narcotics are punished by up to seven years in prison.
Arrest and Questioning
When the law enforcement officers got hold of the cocaine substances, the police first informed me that I was under arrest then took me in custody for questioning. They told me that I had a right to remain silent during the interview. The law enforcers also took various forensic samples, including handprints, fingerprints, and photographs as a form of identification. A formal charge was then prepared and read to me.
The Detention Process
The law enforcers needed time to conduct their preliminary investigations. As a result, I was detained for 23 days. In the first 48 hours, the police informed me of the suspected crimes ( Kobayashi & Adams, 2020 ). I decided to remain silent and exercise my right to hire a lawyer ( Merkel, 2019 ). Besides, I had the Embassy of United States notified of my arrest. During the detention period, I went for detention hearings, which were held to determine whether I would be detained longer. During these hearings, I used to appear before a judge. After the detention period, the prosecutor asked the court for an indictment. Since I was a foreigner without a residence in Japan, I was not granted bail.
The Judicial Process, Detention, and Corrections Process
After the law enforces completed their investigation, the public prosecutor examined the evidence provided and decided to indict. Since my case was a serious offense, I went for a formal trial. The judges set a date that they would deliver their verdict and sentence after hearing the closing arguments. Since I did not appeal, a deportation order was issued within 60 days, and I got transferred to the United States prison, where I served my prison sentence.
The Efficiency of the Criminal Justice System in Japan
Generally, the judicial system in Japan is harsh but fair. However, as a defendant, you have a very minimal chance of being found innocent. This minimization is due to the high conviction rates. Nevertheless, this high rate is attributed to the conduct of Japanese prosecutors. First, they only take a case after they have examined it prudently to make sure that there is enough evidence to warrant a conviction ( Webstar, 2020). Additionally, the effectiveness can be attributed to the close and cooperative relationship between the police, government prosecutor, and the courts. As such, they can consult frequently and agree on the best way forward on their shared goal of achieving a crime-free society.
However, at times judges fall under the control of central bureaucracy to pass a guilty verdict. According to Kobayashi & Adams (2020), judges’ careers later tend to be affected by a not-guilty judgment. This is most likely for cases with political implications such as electoral or labor law.
Arguably, Japan’s criminal justice system echoes its citizens’ morals and social needs in a democratic social order ( Webstar, 2020 ). Most Japanese value low crime rates and regard their criminal justice system as free and fair. They actively participate in campaigns against crime, suspect apprehension, and rehabilitation programs for offenders.
Also, introducing a lay judge system has played a considerable role in Japan’s criminal and justice system effectiveness ( Clack, 2020). As a result, it has enhanced cooperation in investigations and hearings and improved transparency in the trial process.
Human Rights Perspective of a Suspect Treatment through the Lens of Japan
Japan’s criminal justice system is keen on safeguarding human rights. To begin with, accused persons have open trials where their evidence and arguments are thoroughly heard. This is followed by the judge making an independent and fair decision. Except for arrests made on the crime scene, only judges can detain an individual ( Kobayashi & Adams, 2020). Besides, the decision is based on several factors, the main one being the likelihood of the suspect fleeing. Again, accused persons are allowed to receive direct counsel from lawyers. This allowance is made in a private setting.
Moreover, accused persons are assured of being handled with dignity, especially during interrogation ( Clack, 2020 ). Defense attorneys are not permitted to be present during the interrogation process. However, the Japanese system is promoting the practice of interrogation recording, which upon request, can be released to the defense team to ensure that the interrogation is conducted correctly and with dignity.
The justice and criminal system advocates for the right to equal treatment, regardless of one’s societal status, gender, and religion. Consequently, everyone ought to receive equal level access, counseling, and privileges as per the law. Furthermore, there is a presumption of innocence until one is proven guilty ( Clack, 2020 ).
Holy Bible Analysis of Criminal Justice System
As is the Holy Bible case, Japan’s system advocates equal treatment under the law to serve justice even for society’s most vulnerable. This treatment is illustrated in Isaiah 1:17, which states that one should learn to do good things, relieve the oppressed, plead for the widow, and seek justice. Additionally, the Bible warns those who do evil things to be afraid, for they will be punished by God. It says that God punishes those who do evil things ( Romans 13:4 ). Similar to this verse Japanese system advocates for punishment through fair trial as a consequence of crime. The people in authority use their power to punish wrong dowers for keeping criminals from the streets to create a safe nation.
References
Clack, M. (2020). Caught between hope and despair: An analysis of the Japanese criminal justice system. Denver Journal of International Law & Policy , 31 . Retrieved from https://digitalcommons.du.edu/cgi/viewcontent.cgi?article=1341&context=djilp
The Holy Bible. King James Version
The Columbia Electronic Encyclopedia. (2017). Japan: Japanese society . InfoPlease. https://www.infoplease.com/encyclopedia/places/asia/japan/japan/japanese-society
Kobayashi, c., & Adams, B. (2020). Resolved: Japan’s justice system is fair. Retrieved 11 April 2021, from https://www.csis.org/analysis/resolved-japans-justice-system-fair#:~:text=Like%20most%20legal%20systems%20that,system%20is%20tough%20but%20fair.&text=According%20to%202018%20data%20from,the%20efficiency%20of%20the%20system .
Koto, G., Tarui, M., Kamioka, H. and Hayashi, K., 2020. Drug use, regulations and policy in Japan . [pdf] London: International Drug Policy Consortium. Available at: <https://fileserver.idpc.net/library/Drug_use_regulations_policy_Japan.pdf> [Accessed 12 April 2021].
Merkel, G. (2019). Detention before trial and civil detention of dangerous individuals. The Oxford Handbook of Criminal Process , 498-519. https://doi.org/10.1093/oxfordhb/9780190659837.013.28
Negi, C. (2020). Japan: An overview of constitution & judicial system. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3661762
Osaki, T. (2021). Japan steps up marijuana warnings following legalization in New York . The Japan Times. https://www.japantimes.co.jp/news/2021/04/07/national/crime-legal/foreign-ministry-marijuana-warning/
Park, D., & Sung, T. (2020). Foreign debt, global liquidity, and fiscal sustainability. Japan and the World Economy , 54 , 101008. https://doi.org/10.1016/j.japwor.2020.101008
Webster, T. (2020). International human rights law in Japan: The view at thirty. Columbia Journal of Asian Law , 23 . Retrieved from https://scholarlycommons.law.case.edu/cgi/viewcontent.cgi?article=1581&context=faculty_publications
