Japan's Prosecution Review Commission: On the Democratic Oversight of Decisions Not To Charge

The book explains Japan's unique Prosecution Review Commission (PRC), which reviews non-charge decisions made by professional prosecutors and determines which cases should be reinvestigated or charged. It analyzes the history and operations of the PRC and uses statistics and case studies to examine its various impacts, from legitimation and shadow effects to kickbacks and mandatory prosecution. It discusses the potential these panels have for improving the quality of criminal justice in Japan and other countries.

Format: Hardback
Length: 208 pages
Publication date: 02 January 2023
Publisher: Springer International Publishing AG

This book delves into the intricate workings of Japan's unique Prosecution Review Commission (PRC), a remarkable institution composed of eleven lay individuals randomly selected from voter registration lists. Its primary role is to scrutinize non-charge decisions made by professional prosecutors and determine which cases warrant further investigation or prosecution. Moreover, the PRCs offer valuable insights and recommendations to prosecutors, aimed at enhancing their policies and practices.

The book embarks on a comprehensive analysis of the PRC's history and operations, employing a wealth of statistics and case studies to examine its diverse impacts. From the perspective of legitimacy and shadow effects, it explores how the PRC contributes to the overall functioning of the criminal justice system. It also sheds light on the potential for kickbacks and mandatory prosecution, raising important questions about the accountability and transparency of prosecutorial decisions.

In a broader context, this book examines a pressing issue prevalent in many criminal justice systems: the need for effective mechanisms to hold prosecutors accountable for their non-charge decisions. It discusses the potential of PRCs to enhance the quality of criminal justice in Japan and other countries, fostering a culture of transparency, fairness, and accountability. The book appeals to scholars and students engaged in the study of prosecution, democracy, criminal justice, criminology, lay participation, justice reform, and Japanese studies, offering valuable insights and perspectives on this critical topic.

Weight: 426g
Dimension: 210 x 148 (mm)
ISBN-13: 9783031193729
Edition number: 1st ed. 2022