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The Japanese Adversary System in Context: Controversies and Comparisons

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Malcom M. FeeleyClaire Sanders Clements Dean's Professor of Law, University of California, Berkeley, California, USA, Setsuo MiyazawaProfessor of Law, Waseda University School of Law, Tokyso, Japan

ISBN13: 9780333920602
ISBN: 0333920600
Published: July 2003
Publisher: Palgrave Macmillan
Country of Publication: UK
Format: Hardback
Price: £95.00

This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

The Japanese legal system is at a crossroads. The contributors to this book explore the most important features of the adversary process as it works in the Japanese criminal justice system. Topics include the right to remain silent, wire tapping, the role of defence counsel, plea bargaining, the power of prosecutors, juvenile justice and judicial independence. Many of the essays seek comparison with practices in Anglo-American countries.

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Other Jurisdictions , Japan
Notes on the Contributors - Preface; M.M.Feeley & S.Miyazawa - Introduction: An Unbalanced Adversary System-Issues, Policies, and Practices in Japan, in Context and in Comparative Perspective; S.Miyazawa - Adversarial Legalism and American Criminal Justice; R.A.Kagan - Reflections on Japan's Cooperative Adversary Process; D.Foote - The Role of the Defence Lawyer in the Japanese Criminal Process; M.Murayama - The Bench, the Bar and the State: Judicial Independence in the Japan and the United States; M.M.Feeley - Effective Adversaries for the Poor; R.A.Hanson, B.J.Ostrom & A.M.Jones - Adversarial Procedure Without a Jury: Is Japan's System Adversarial, Inquisitorial, or Something Else?; S.Shinomiya - The Miranda Experience in Japan; T.Takano - Plea Bargaining in Japan; D.Johnson - Witness Immunity and Bargain Justice: A Look at the Japanese Concept of the Adversary System; M.Inouye - Critical Issues in the Law-Making Policy of Japanese Criminal Procedure: The Wiretap Act and the Adversary System at the Pre-trial Stage; T.Murai - Miranda, Confessions, and Justice: Lessons for Japan; R.A.Leo - The Administration of Juvenile Justice in Japan: Focus on Adversarial Justice; N.Araki - European Trends Toward Adversary Styles in Criminal Procedure and Evidence; G.V.Kessel - Appendix - Index