SMH Text-only - Beyond Reasonable Doubt But in some investigations of unidentified crime samples, or The man was bashedoutside a pub in Christchurch on the South Island in April 1998, and his http://cjpa.freeservers.com/smh.htm
Extractions: Free Web site hosting - Freeservers.com Web Hosting - GlobalServers.com Choose an ISP NetZero High Speed Internet ... Dial up $14.95 or NetZero Internet Service $9.95 SMH Home Text-only index Date: 22/04/00 The method of DNA profiling adopted in Australia could uniquely identify every person in the country, if performed correctly. It is based on an analysis of nine different regions of DNA, as well as a gender test. The chance of two people, other than identical twins, having the same DNA profile is so remote - less than one in 360 million - it can effectively be discounted, says a Griffith University statistician, Professor Janet Chaseling. No technology is perfect, however. And factors such as human error, genetic mutations, mixed samples and contaminants can prevent an accurate DNA profile being obtained, say forensic scientists. In the Northern Territory, a recent DNA profile of a man wrongly indicated he was a woman. The man was found to have a rare genetic mutation which interfered with the routine gender test. The mistake was obvious in this case, says Dr Paul Roffey, of Charles Sturt University. But in some investigations of unidentified crime samples, or when knowing the sex of an offender is crucial, a second, different gender test should be considered, he says.
New York City Chinatown > Newspaper Articles of the police department s Organized crime Investigations Division. assume they aregetting the genuine article. founder of CounterTech Investigations, a firm http://www.geocities.com/synergy_two/chinatown/articles/nytimes020623.html
Extractions: TOTING a shopping bag heavy with knockoff purses, the undercover investigator wove through the throng of tourists on Canal Street on a sunny spring afternoon. The street's small stores, in compact rows, enticed shoppers with dizzying displays of watches, sunglasses, T-shirts, hats, purses, ties, even fish and baby turtles. Browsing with the effervescence of a teenager at the mall, the investigator, in jeans and a tie-dyed tank top, plucked purses off a wall rack and tested their feel in her hand. ''Oh, this is really nice,'' she'd exclaim. Or perhaps, ''Isn't it ugly?'' Posted along the sidewalk were the stores' lookouts, young men with walkie-talkies ready at any hint of trouble to shut down the whole street. They were sentries for a large, loose network of vendors, importers and manufacturers of counterfeit merchandise, and for the last five years the tall, sharp-featured former actress had given them good reason to be on guard. Her sleuthing for Holmes Hi-Tech, a New York detective agency hired by companies to investigate trademark infringements, had resulted in the seizing of millions of dollars of fake designer goods. But on this afternoon, the lookouts whose faces she had memorized, whose names she knew did not recognize her. And no wonder. On her more than 100 incognito trips to Chinatown, she has posed as a pregnant woman, a homeless person, a French tourist, a bewildered Midwesterner and a sanguine Southern belle. She can assume 10 accents. To deflect suspicion, she has flirted, cajoled, bargained, even improvised one-way arguments on her cellphone.
Extractions: Domestic Violence and General Violence Against Women Violence Against Women - International Studies Domestic Violence and Children Stalking ... Rape and Sexual Assault General Statistics Domestic Violence Intimate partner homicide decline: Between 1976 and 1998, the number of male victims of intimate partner homicide fell an average 4% per year and the number of female victims fell an average 1%. Non-Lethal Violence decline: The number of female victims of intimate violence declined from 1993 to 1998. In 1998 women experienced about 900,000 violent offenses at the hands of an intimate, down from 1.1 million in 1993. In both 1993 and 1998, men were victims of about 160,000 violent crimes by an intimate partner.
CIC Canada | Public Report: Canada's War Crimes Program persons who have been precluded under article 1F(a involved in war crimes or crimesagainst humanity an online database pending investigation and confirmation http://www.cic.gc.ca/english/pub/war1998.html
Extractions: This report, which focuses on both the World War II and modern-day aspects of the War Crimes Program undertaken by the departments of Justice and Citizenship and Immigration (CIC), is the first in a series of annual reports that will provide information about the Program and its achievements. The government of Canada has made a commitment that Canada will not become a safe haven for individuals who have committed war crimes or crimes against humanity. Together with the RCMP, the Department of Justice and CIC are working to uphold this objective. The government has allocated $46.8 million over the next three years in order to bring to justice those persons in Canada responsible for war crimes, crimes against humanity and other reprehensible acts in times of war, regardless of when those acts occurred.
Eyewitness News - Pub Crawl Uproar known for its welcoming attitude toward visitors, but a pub crawl organized new Scholarshiplistings, school search, college alerts, news articles, safety and http://www.wpri.com/Global/story.asp?S=1839516&nav=F2DOMpnX
MI5 Persecution: No Justice For The Victims Of MI5 to the government; in a previous article I quoted murderers were aided in their crimeby the the police would deliberately botch the investigation which of http://www.five.org.uk/faxes/sent/articles/9906B.htm
Extractions: MI5 Persecution Update: Friday 11 June, 1999 If You Intend To Reply, Please Read This Please.... keep your response to one page if you can! I have had several people faxing my article back to me, including one MP faxing back twenty pages. Faxes over a page or two will be deleted without being read. Also, please include your email address fax number if you want a reply - thanks. Harassment in a pub in Clapham, Tuesday lunchtime Once a month, or once every other month, I meet a Polish friends of mine who lives in Clapham North, and sometimes we go to a particular pub near where he lives. The last time was some two months ago; I did not have my minidisc-walkman with me, and consequently was seriously harassed by people MI5 had instructed to harass me, in the pub. This Tuesday, 8 June 1999, we again went to the same pub for a pre-meal drink. This time I did have my minidisc-walkman with me. As you can guess, we were followed into the pub by a couple of young people (Im getting older and older - isnt it funny how the MI5 agents all look young these days?). They started talking about my situation, in particular some travel I had booked the previous day. Unfortunately, they were talking fairly quietly, and my minidisc didnt pick up their speech. MI5s schizophrenic reasoning is that simultaneously I am very important and worthy of their acts of persecution, and I am also totally unimportant and their abuse of me "doesnt matter". Perhaps they should test their agents and managers for obsessive personalities or psychotic features in the same way as employees are drug-tested. MI5 might lose their "worst cases" employees if some psychological testing were applied to their recruitment procedure.
Forensics - Pathfinder crime Scenes and Blood Spatter. By Lawrence Renner Medicolegal Death Investigationsin Kentucky and location of journals and articles, bibliographic assistance http://dpa.ky.gov/library/path/forensics.htm
Extractions: Booklist Periodicals Videotapes Handouts ... Other Resources The following is a listing of the library's resources relating to the physical aspects of Forensic Sciences. The library also has many publications dealing with forensic mental issues. Please see one of the librarians for help in locating books on mental evaluations. BROWSING AREAS: The DPA uses the Library of Congress classification system. In general, books relating to forensic issues can be found in the several areas. These are 1) books relating to general investigation techniques (HV 8073 - HV 8079), 2) books relating to the use of scientific evidence (KF 8961), and 3) books discussing various medical descriptions of forensics (RA 1057 - RA 1121). BOOK LIST: Books owned by DPA may be checked out by individuals in any field office, persons outside of DPA wishing to borrow DPA owned books may be allowed to do so on a case-by-case basis. DPA employees wishing to borrow a book owned by another field office, will need to contact that field office directly. Advanced Forensic Criminal Defense Investigations Located in the Trial Division Director's Office.
Lukol Directory - Society Issues Warfare And Conflict War Crimes http//www.law.duke.edu/journals/djcil/articles crime Against Humanity Sri LankaA petition to the international community to investigate and condemn http://www.lukol.com/Top/Society/Issues/Warfare_and_Conflict/War_Crimes/
Extractions: Reviews the experience of the international community in responding to complex emergencies around the world, examines the interaction between humanitarian action and political-military forces. Sponsored by Feinstein International Famine Center at Tufts University and initiated by the Watson Institute for International Studies at Brown University.
SAGE Publications - Encyclopedia Of Murder And Violent Crime use Reader s Guide; Comprehensive bibliographies for every article; Science and crimeScene investigation; Gun Control; Gambino crime Family; Genovese crime Family; http://www.sagepub.com/book.aspx?pid=8879
Section 6 On Govt Involvement target online computer users The article mentions a ebusinesses that have been hitby cyber crime. Security Service Companies, KPMG investigation and Security http://www.witiger.com/ecommerce/outline240f.htm
Extractions: National Institutes and IT Security Organizations National Government Security Agencies National Infrastructure Protection Center (NIPC) National Security Agency Royal Canadian Mounted Police Canadian Security Intelligence Service National Government Scams Leading Companies in IT Security As taught by Prof. Tim Richardson last updated 2002 Dec 28 The majority of successful attacks on computer systems via the Internet can be traced to exploitation of one of a small number of security flaws. Recent compromises of Windows NT-based web servers are typically traced to entry via a well-known vulnerability. A few software vulnerabilities account for the majority of successful attacks because attackers are opportunistic taking the easiest and most convenient route. They exploit the best-known flaws with the most effective and widely available attack tools. They count on organizations not fixing the problems, and they often attack indiscriminately, by scanning the Internet for vulnerable systems.
US FL: PUB LTE: Cost Of Fighting Crime In 1982, according to The Sun article, there were 12 According to the Federal Bureauof investigation s Web site than were made for total violent crimes in 2001 http://www.mapinc.org/drugnews/v04/n716/a02.html?397
Articles For internet research search google news for articles related to racism Globe AndMail, July 14, 2002 TORONTO POLICE INVESTIGATE POSSIBLE HATE crime. http://www.antiracistaction.ca/articles.html
Extractions: News Articles Check the Canadian Anti-Racist Network homepage for recent articles about organized racism and the extreme right in Canada. Subscribe to the Anti-Fascist Info Bulletin for weekly compilations of news of the racist right, the religious right, and state terrorism. Email at afib-subscribe@igc.topica.com to subscribe. Articles are archived at http://burn.ucsd.edu/archives/ats-l/ Subscribe to the Internet Anti-Fascist for weekly compilations of news on the racist right and the religious right. Email tallpaul@nyct.net to subscribe. Articles are archived at ftp://ftp.nyct.net/pub/users/tallpaul/publish/tinaf/ The Canadian Race Relations Foundation sends out daily links to articles, published in Canadian mainstream media, which report on racism. Email communications@crr.ca for information on subscribing. For internet research: search google news for articles related to "racism" or "fascism" and you will find plenty.
Just The Facts Ma Am A Writer S Guide To Investigators And , Top Ten Reasons to Write with a Partner by Claudia Johnson Matt Stevens. morearticles. Youll walk through a crime scene investigationfrom both http://www.writersstore.com/product.php?products_id=275&cPath=23_49_98
Extractions: There were many contributing factors to the tragic death of eight-year-old Victoria Climbie at the hands of her great-aunt and her great-aunt's boyfriend in February 2000 (see The missed lesson of the Climbie inquiry, by Helene Guldberg). But one important, general factor seems to have been overlooked by the official inquiry. B claims that Social Services no longer provide a safety net for children in mortal danger. Instead, Social Services have become 'a standards agency', with social workers spending more time investigating parents who, far from being potential murderers or torturers, are simply not as good at parenting as we might like them to be. Child protection today is less about protecting a few children from being killed or seriously injured by their carers, than about making sure that all parents meet a prescribed standard of parenting. 'The child protection register has become huge', says B. 'Referrals come from teachers, health visitors, GPs - people are watching their neighbours now, looking for signs of minimal neglect and abuse. A child goes to school with bruises, says "mummy did it", and we have to follow it up. Every bruise now means a section 47 investigation together with the police.'
World Factbook Of Criminal Justice Systems France By Jacques (New Penal Code, Article 1111). There are distinctions Another type of investigationtakes place when the suspect is caught while committing the crime. http://www.ojp.usdoj.gov/bjs/pub/ascii/wfbcjfra.txt
Extractions: World Factbook of Criminal Justice Systems France by Jacques Borricand Institut de Sciences Penales et de Criminologie This country report is one of many prepared for the World Factbook of Criminal Justice System under Grant No. 90-BJ-CX-0002 from the Bureau of Justice Statistics to the State University of New York at Albany. The project director for the World Factbook of Criminal Justice was Graeme R. Newman, but responsibility for the accuracy of the information contained in each report is that of the individual author. The content of these reports do not necessarily reflect the views or policies of the Bureau of Justice Statistics or the U.S. Department of Justice. GENERAL OVERVIEW 1. Political System. France has a centralized government, although it is decentralized to the extent that there are 22 regions, 95 departments, and 36,000 municipalities, each of which can derive benefits from the central government, while main- taining a certain amount of autonomy. 2. Legal System. The French legal system abides by the principal of unity of the civil and criminal justice system, which means that the same court can hear both criminal and civil cases. 3. History of the Criminal Justice System. The legal system in France has developed through several stages since the country's establishment. The stage of the Private Reaction characterized the legal system from the time France was founded up until the 16th century. The accusatory procedural system predominated judicial procedures at this time. The 16th century was marked by the stage of the Public Reaction, which established the inquisitorial system. This system was based on secret judicial procedures. Thus, repressiveness and arbitrariness in the judicial and legal procedure were characteristic of the regime before 1789. After the Revolution of 1789, a judicial system was established that was inspired by English law which enacted the principle of legality of offenses and punishments. The stage of the Imperial Penal Law produced two written codes: the Code of Criminal Instruction of 1808 and the Penal Code of 1810. The Code of Criminal Instruction emerged from a blending of the inquisitory procedure and the accusatory procedure. The Penal Code resulted in the creation of a list of definable offenses. A number of reforms followed the creation of these codes, which generally tried to individualize the punishment to the particular offender. Reforms included the development of a suspended sentence for juveniles in their early stages of delinquency, such as first-time offenders, stiffening of punishment for recidivists, probation, parole, and alternatives to imprisonment. In addition, reform measures were taken which strengthened the rights of the accused. Substantial reform has taken place in the last few decades. In 1958, the Code of Penal Procedure replaced the Code of Criminal Instruction. On July 22, 1992, a new Penal Code was presented, which went into effect on March 1, 1994. The New Penal Code has retained the tripartite distinction of crimes, misdemeanors, and violations, which was first established by the Penal Code of 1810. The Code also addresses some new issues such as corporate crime, the development of althernative punishments to the deprivation of liberty, and reinforcing the severity of punishments for criminals who have committed more serious offenses. It also includes definitions of new crimes, such as offenses wherein persons are placed in dangerous situations by others, ecological terrorism, sexual harassment, crimes against humanity, and genocide. CRIME 1. Classification of Crime. * Legal classification. Under both the Penal Law and Penal Procedure, there is a tripartite distinction of offenses based on their respective seriousness: crimes, misdemeanors, and violations. (New Penal Code, Article 111-1). There are distinctions between completed and attempted acts for crimes and misdemeanors, but not for violations. Under the Penal Code, crimes and misdemeanors can incur a 20 year sentence and a 5 year sentence respectively. Violations can incur a 2 year sentence. However, in practice, sentence length is generally 10 years for crimes, 3 years for misdemeanors, and 1 year for violations. Crimes are also classified into attacks against persons, attacks against property, and attacks against public security. Attacks against persons include intentional homicide (murder, assassination, infanticide), intentional violence (non-intentional death, harm resulting in a permanent injury), and rape (including rape with more than one offender, aggravating circumstances, simple rape, and rape of a minor under 15 years of age). Attacks against property include theft, robbery, fraud, breach of trust, aggravated robberies, and vandalism. Attacks against the public security include counterfeiting. * Age of criminal responsibility. The age of criminal responsibility is fixed at 18. * Drug offenses. There were 66,775 drug offenses recorded in 1992. About 17% of the crimes and misdemeanors can be linked to drugs. (Minister of the Interior, 1993: 43). 2. Crime Statistics. The following statistics on recorded convictions are derived from the Directory of Justice Statistics, 1989-1990. (Annuaire statistique de la justice 1989-1990). * Murder. A total of 625 intentional homicide convictions were recorded in 1990, of which 373 were recorded as murder, 212 as assassination, 15 as infanticide, and 25 as other homicides. * Rape. A total of 735 rape convictions were recorded in 1990. * Armed robbery. There were 800 armed robbery convictions recorded in 1990. * Serious drug offense. A total of 20,326 drug offense convictions occurred in 1990, including offenses such as trafficking, possession, selling and using drugs. * Crime regions. Information not available. VICTIMS 1. Groups Most Victimized By Crime. Although no available statistics indicate the most victimized group, it is believed that the elderly and the young are more likely to be victimized. 2. Victims' Assistance Agencies. The National Institute of Help for Victims and of Mediation at Paris (L'Institut National d'Aide aux Victimes et de Mediation a Paris-1'INAVEM), with its headquarters in Paris, was created in 1986. There are approximately 100 branches throughout France. The role of this institute is to receive, inform, and orient the victims of criminal acts. 3. Role of Victim in Prosecution and Sentencing. One goal of sentencing is to address the material and moral losses of the victim. The decision to seek reparations for a crime is that of the person(s) who incur loss from the crime. The victim must establish that the crime fulfills three conditions: a) that the offense is punishable; b) that the offense attacked an interest that is penally protected; c) and that the damage incurred by the victim is in direct relation to the offense. 4. Victims' Rights Legislation. The offender may have to compensate the victim for losses. If the offender is financially unable to do so, this compensation is provided by the state. A law of September 9, 1986 provides for the compensation of victims of terrorist acts. A law of July 6, 1990 allows victims to be compensated when the offense results in a disability where the victim loses more than one month off from work. POLICE 1. Administration. The role of the police is generally to ensure that the laws are observed and enforced. Efforts are also directed at the prevention of delinquency. Police headquarters are in Paris. The police force is under authority of the Minister of the Interior. At the top of the police hierarchy is the General Director of the National Police who oversees four divisions. The Central Division of General Information controls information services concerning political, economical, and social issues. The Central Division of the City Police is in charge of city law enforcement. The Central Branch of the Judiciary Police is in charge of coordinating the search for the most dangerous delinquents and the investigation of the most serious offenses. The Division of Territory Surveillance is in charge of State security. In French society, the administrative police generally maintain peace and order, such as the regulation of traffic. A special squad of administrative police, the Intervention Group of the State National Police (Groupe d'Intervention de la Gendarmerie National) was created for anti-terrorist operations. In addition, municipal police contribute to law enforcement in the municipalities. The State police force is under the authority of the Defense Minister. It fulfills the role of the administrative and judicial police in rural areas. There are also special customs police who work to control illegal entry of persons into the country to attack the public order. 2. Resources. * Expenditures. In 1994, 26,000,000,000 francs were allocated toward the police. Nineteen billion were allocated to the state police. * Number of police. As of 1993, there are approximately 126,000 police personnel, of which 15,846 were inspectors, 88,637 were peace agents, 3,750 were investigators, and 2,005 were superintendents. There were also an additional 35,000 Parisian police and 10,000 municipal police officers. State Police personnel totaled 91,263, of which 2,621 were officers, 79,936 were under officers, and 12,319 were other types of police personnel. 3. Technology. 3.8 billion francs were spent on police technology and 2.26 billion francs were spent on State Police technology. * Availability of police automobiles. Information not available. * Electronic equipment. Information not available. * Weapons. Information not available. 4. Training and Qualifications. Police personnel are recruited on a competitive basis. Training is given in specialized schools. Police recruits attend the Saint-Cyr School at Mont d'Or for 10 months, Inspectors attend the Canet-Cluse School for 6 months, and peace agents attend the Superior School for 6 months. 5. Discretion. * Use of force. Information not available. * Stop/apprehend a suspect. Police can stop and arrest an offender and bring him or her in front of the public prosecutor if they observe an offense that is in the process of being committed or has just been committed. This arrest can take place in a coercive manner, involving the search and seizure of witnesses and suspects. As long as they have informed the public prosecutor's office, police can keep suspects under observation for 24 hours. The length of observation increases to 48 or 96 hours in drug trafficking, drug use, and terrorism cases. For crimes not directly observable by police, a preliminary investigation is conducted under the direction of the public prosecutor to obtain information on the reported offense. In these cases, suspects can be kept under observation only if there is evidence against them and this decision can only be made by a judiciary police officer. The law of August 24, 1993 guarantees that after 21 hours under observation, suspects have the right to request an attorney and the right to inform the family of the detention. * Decision to arrest. Police can arrest an offender if they observe an offense that is in the process of being committed or has just been committed. * Search and seizure. Search and seizure can occur during arrest, after the police have observed that a crime has just been committed or is about to be committed. * Confessions. Information not available. 6. Accountability. Information not available. PROSECUTORIAL AND JUDICIAL PROCESS 1. Rights of the Accused. * Rights of the accused. The accused has the right to a self-obtained lawyer or to a lawyer chosen by the State. The accused also has the right to appeal the judge's decision. At appeal, the accused is brought in for temporary custody under the Chamber of Accusation. Under the law of August 24, 1993, the accused has the right to ask the President of the Accusation Chamber to suspend any sentence until a decision is made on the appeal. Finally, the accused has the right to be compensated for abusive custody. * Assistance to the accused. The accused has the right to the assistance of an attorney. 2. Procedures. * Preparatory procedures for bringing a suspect to trial. Generally, the procedure by which a case is brought to court is more elaborate as the seriousness of the crime increases. There are two procedural stages preceding trial. In the police stage, the police conduct a preliminary investigation under the direction of the public prosecutor. This process involves a search for the suspect, a hearing of the suspect, and an observation of the suspect, once arrested. During this investigation, the suspect is kept under observation for 24 hours, which can be lengthened under authorization of the public prosecutor. Another type of investigation takes place when the suspect is caught while committing the crime. Police officers can make observations at the scene of the crime and relate their information to the public prosecutor. The judiciary stage can be initiated by either the Public Minister or the victim, although the Public Minister studies the legalities involved in the charges and prosecutes the suspect. The Public Minister decides whether the case should be brought before a judge (15%) or be disposed of alternatively (85%). The victim can also initiate prosecution by bringing a civil suit against the suspect, forcing the public prosecutor to take action. Under the Chamber of Accusation, preparatory instructions for the case are given to an examining magistrate who has the power to proceed with the examination of the suspect. (Under the law of August 24, 1993, the term "accuse" was replaced by the term "put under examination".) The magistrates can interrogate, confront, and bring warrants against the suspect. They can also arrest the suspect and bring him or her before judicial authority. Another set of instructions is given for the bringing of appeals. The examining Magistrate reads the charge and the statement of the defense. Judges of the Correctional Court must explain reasoning for their decision. * Official who conducts prosecution. The Public Minister can prosecute a suspect. * Alternatives to trial. Suspects are not allowed to plead guilty. * Proportion of prosecuted cases going to trial. Information not available. * Pre-trial incarceration conditions. A person may be kept under observation if there is evidence against him or her. Pre-trial detention may be decided by the judge of instruction or the Chamber of Accusation. The accused can appeal this decision and request release or can use the provisional order of release. * Bail procedure. The accused can be released from pre-trial detention on bail. This decision is made by a judge of instruction or the Chamber of Accusation. * Proportion of pre-trial offenders incarcerated. In 1990, the number of pre-trial offenders totaled 20,789. JUDICIAL SYSTEM 1. Administration. Police Court. Police Courts have jurisdiction over violations of the law that incur a punishment of less than 2 months imprisonment and a maximum fine of 25,000 francs. Correctional Court. Correctional Courts have jurisdiction over offenses which can incur a maximum of 10 years imprisonment. Assize Court. The Assize Court has jurisdiction over serious crimes that have possible life imprisonment sentences. The Assize Court sits on an ad hoc basis (not a permanent court). Its decisions are permanent and cannot be brought for appeal. The Chamber of Correctional Appeals. The Chamber of Correctional Appeals hears appeals of decisions brought to it by the Police and Correctional Courts. Supreme Court of Appeal. The Criminal Chamber of the Supreme Court of Appeal oversees the application of law in all courts. It verifies judicial decisions to ensure that the application of the law and the resulting sentences are sound, but does not actually hear any cases. Its judges determine the appropriate application of the law in a case, but do not draw any conclusions as to the facts of the case. 2. Special Courts. Court for Children. This court hears cases involving minors charged with offenses that would be brought to the Police and Correctional Courts if they were adults (for instance, misdemeanors and violations). Assize Court for Minors. This court hears cases involving minors charged with more serious offenses. 3. Judges. * Number of judges. In 1990, there were 5,796 judges, 50% of whom were women. The Assize Court consists of three professional magistrates plus a jury of nine members. All other courts are operated solely by professional magistrates. * Appointment and qualifications. Judges are recruited and must compete for entry after 2 years of training at the National School of Magistrature. PENALTIES AND SENTENCING 1. Sentencing Process. * Who determines the sentence? The sentence is determined by the court. The judge that sets the punishment also decides how the punishment will be carried out. * Is there a special sentencing hearing? Information not available. * Which persons have input into the sentencing process? The accused, the victim, and the Public Minister can express their opinions at sentencing. Expert witnesses, such as psychiatrists, have a great influence. The court will generally abide by the conclusions of expert witnesses. 2. Types of Penalties. * Range of Penalties. Penalties generally range from fines for minor offenses to deprivation of liberty for serious offenses, although imprisonment can be used for misdemeanors as well as more serious crimes. There are other punishments such as seizure of property, closing down of establishments, and community service. A life sentence in prison is often given as punishment to the crimes of murder, assassination, parricide, poisoning, attack upon State security, and counterfeiting. Prison sentences are generally given for the crimes of rape, armed robbery, kidnaping of a minor, unlawful imprisonment, threats, assault, assistance of suicide, homicide, and forms of indecency (for instance, public indecency). * Death penalty. The death penalty was repealed by the law of October 9, 1981. PRISON 1. Description. * Number of prisons and type. There are five types of penal institutions. Central houses receive offenders who have been sentenced to more than 1 year in prison. Detention centers can also receive offenders with long sentences, but are orientated toward the re-socialization of offenders. Stop Houses receive offenders with less than a one year sentence. Penitentiary Centers are a hybrid of Stop Houses and Central Houses and receive offenders with both long and short sentences. Semi-liberty Centers house offenders who can be released for short periods of time to go to work, school, professional training, or undergo medical treatment. * Number of prison beds. As of 1990, there were a total of 49,186 prison beds. * Number of annual admissions. The number of admissions into closed environment prisons located in cities, during 1990, was 78,444, the number of releases, 75,193. The number of annual incarcerations in an open environment was 91,545, with an average length of detention of 6.6 months. * Average daily population/number of prisoners. As of January 1, 1990, there were a total of 137,757 persons in the prison population, of which 45,420 were in a closed prison environment and 92,337 were in an open environment. In closed prison environments, there were 43,400 men and 2,020 female inmates. There were 43,913 inmates housed in city-located closed prison environments in 1990, of which 41,944 were men and 1,969 were women. Of these, 30,887 were French and 13,026 were foreigners. * Actual or estimated proportions of inmates incarcerated. Actual number of convictions of penal population in closed prisons located in cities in 1990. Drug crimes Information not available Violent crimes (Offenses against persons) 7,355 Property crimes (Offenses against property) 9,253 Other offenses (including offenses against public peace and the State) 7,189 Total crimes 23,797 2. Administration. * Administration. Prison administration is affiliated with the Minister of Justice and consists of the central administration service and exterior services. The prison central administration service is headquartered in Paris. Prison exterior services operate at both a regional and local level, along four areas of interest: the application of judicial decisions, reintegration, human resources, and general administration. * Number of prison guards. In 1990, there were a total of 21,866 prison personnel, of which 308 were in high-level administrative positions, 1,933 were in general administrative positions, 18,137 were watching staff (guards), 550 were technical personnel, 899 were educational personnel, and 100 were non-uniformed staff. * Training and qualifications. Information not available. * Expenditure on the prison system. In 1992, 27.8% of the budget for the Minister of Justice went toward prisons, totaling 5,029,398,244 francs. Each day of detention cost 252 francs per prisoner. 3. Prison Conditions. * Remissions. Inmates can apply for early release from the Penalty Application Commission. The reduction cannot exceed 3 months per year of incarceration and 7 days per month for incarceration over one year. Time reduction is also permitted if the inmate passes an academic exam or completes university or professional studies. However, this form of reduction cannot exceed 2 months per year of incarceration. Prisoners with life sentences can also obtain parole. The total reduction of sentence cannot exceed 20 days or a month per year of incarceration. * Work/education. Inmates are not obligated to work, although in principal, prisons are obligated to provide work for inmates to do. About 40% of the prisoners are provided with paid work. * Amenities/privileges. Prisons are humanized on a physical level by the availability of sanitary conditions for inmates and on a moral level, by allowing inmates to have family contact and to receive visits at pre-determined intervals. In some cases, such as the death or imminent death of a relative, inmates can leave confinement for short periods of time. Educators, social workers, prison visitors, and clergy from a variety of religions participate in the rehabilitation of inmates. EXTRADITION AND TREATIES * Extradition. Bilateral extradition agreements exist with the following countries: South Africa, Algeria, Germany, Argentina, Australia, Austria, Belgium, Benin, Brazil, Burkina Faso, Cameroon, Canada, Central African Republic, Chili, Cyprus, Colombia, Congo, Ivory Coast, Cuba, Denmark, Djibouti, Egypt, Ecuador, Spain, United States, Finland, Gabon, Great Britain, Greece, Hungary, Iran, Ireland, Israel, Italy, Laos, Latvia, Liberia, Liechtenstein, Luxemburg, Madagascar, Mali, Panama, Netherlands, Peru, Poland, Portugal, Romania, San Marino, Senegal, Sweden, Switzerland, Chad, Czechoslovakia, Thailand, Togo, Tunisia, Turkey, Venezuela, Vietnam, Yugoslavia, and Zaire. There are several multi-lateral extradition agreements in existence as well: - International agreement against the white slave trade, signed May 18, 1904. - Agreement on the repression of the white slave trade, signed May 4, 1910. - Agreement on the repression of the women and children slave trade, signed September 30, 1921. - Geneva agreement on counterfeit money, signed April 20, 1929. - Agreement on the repression of illicit drug traffic, signed June 26, 1936. Protocol of December 11, 1946. - Agreement for the prevention and repression of genocide (O.N.U.), signed December 9, 1948. - Geneva agreement (prisoners protection, civil, injured, etc., in the case of armed conflict), signed August 12, 1949. - Agreement on the trade of humans and prostitution of others, signed December 2, 1949. - New York agreement on the status of refugees, signed September 11, 1952. - Protocol relative to the status of refugees, signed January 31, 1967. - European extradition agreement of Paris, signed December 13, 1957. - Agreement of mutual aid on penal matter, signed April 20, 1959. - Unique agreement on drugs, signed March 30, 1961. Amendment protocol, signed March 25, 1972. - Tokyo agreement (offenses committed on board an airplane), signed September 14, 1963. - European agreement concerning convicted persons on parole or probation, signed November 1964. - The Hague agreement (capture of illicit airplanes), signed December 16, 1970. - Agreement on the physical protection of nuclear material (opening at the signature at New York and Vienna), signed March 3, 1980. - Agreement on psychotropic drugs, signed February 21, 1971. - Montreal agreement (civil security aviation), signed September 23, 1971. - Strasbourg agreement (terrorism repression), signed January 27, 1977. - Vienna agreement against illicit traffic of drug and psychotropic substances, signed December 20, 1988. * Exchange/transfer of prisoners. Information not available. * Specified conditions. Information not available. SOURCES Minister of the Interior, "Aspects of the Observed Criminality in France in 1992", The French Documentation, 1993. (Ministere de l'Interieur, "Aspects de la criminalite et de la delinquance constatees en France 1992", La Documentation Francaise, 1993). Directory of Justice Statistics, 1989-1990. (Annuaire statistique de la justice 1989-1990, ed. La documentation francaise). Annual Report of the Penitentiary Administration, Minister of Justice, 1992. The French Documentation. Bouloc, B., Penology, 1991 by Dalloz. Montreuil, Chavanne, and Buisson, The Right of Police, 1991, ed. by LITEC. Rassat, M.L., The Judicial Institution, P.U.F., 1991. Jurisclasseur. Jacques Borricand Director l'ISPEC, Institut de Sciences Penales et Criminologie 21 Rue Gaston-de-Saporta 13625 Aix-en-Provence France Tel: 42-23-04-35 Fax: 42-63-02-31
WORLD FACTBOOK OF CRIMINAL JUSTICE SYSTEMS JAPAN Tadashi Moriyama persons from illegal confinement and Article 35 protects to conviction for the samecrime twice (double When police investigation is completed, police must http://www.ojp.usdoj.gov/bjs/pub/ascii/wfbcjjap.txt
Extractions: WORLD FACTBOOK OF CRIMINAL JUSTICE SYSTEMS JAPAN Tadashi Moriyama Takushoku University This country report is one of many prepared for the World Factbook of Criminal Justice Systems under Bureau of Justice Statistics grant No. 90-BJ-CX-0002 to the State University of New York at Albany. The project director was Graeme R. Newman, but responsibility for the accuracy of the information contained in each report is that of the individual author. The contents of these reports do not necessarily reflect the views or policies of the Bureau of Justice Statistics or the U. S. Department of Justice. GENERAL OVERVIEW 1. Political system. Although Japan has a federal system of government, it is largely centralized. One reason for centralization, in addition to racial homogeneity, is that it is considered very important for the formal agencies to administer the political and legal measures equally and on the same basis over the territory. In fact, apart from the district traditions and cultures, there is little difference, at least in the administration of laws, between the center of Japan, Tokyo, and the local areas. The government is fundamentally divided into executive, legislative, and judicial powers. There is also a parliamentary Cabinet system, making the Cabinet a little stronger than the other two powers. Development of the contemporary Japanese political system has been influenced by the remains of the pre-war political system which was based on the 19th-century German and British parliamentary models. The political system has also been influenced by the Constitution of Japan, which was largely authored by United States government advisers early in the post-World War II occupation. Thus, the substance of the present political system in Japan is a mixture of these sources and Japanese traditional factors. In 1947, a new Constitution, often called the Peaceful Constitution, was established. It completely bans any wars and has strongly influenced legislation passed in Japan during the post-war period. Constitutional Law moved most dramatically toward democracy in its dealings with the imperial family. 2. Legal system. The Japanese legal system has been historically influenced by the Continental Laws, namely, the German Criminal Law and the French Civil Law. However, after World War II, the influence of American Law models has become more dominant in all areas of jurisprudence because of the closer relationship between United States and Japan. Areas affected have especially been Constitutional Law and Criminal Procedure Law. Prior to 1868, when the Meiji Restoration brought the Western legal systems to Japan, the Japanese legal system had emulated Chinese laws. Western laws were introduced by the government during a period of enthusiasm over the abolition of treaties with Western countries that contained unfair provisions for Japan, such as those denying the right to impose custom duties. Laws that were imported to Japan were gradually reformed to adapt to the Japanese nation. Thus, the Japanese legal system is a blend of the Continental, Anglo-American and Oriental models. Japanese tradition tries to avoid disputes, particularly among community members. Even as the number of law suits has recently increased, informal resolution without going to court is still preferred. Stemming from this aversion toward legal formalities, the Japanese informal system is based on mediation and arbitration. In fact, the number of practicing lawyers totals 12,000 over the entire country. This number is comparatively small, for a rate of one per 10,000 population versus one per 450 in the United States. 3. History of the Criminal Justice System. Before the Meiji Era (1867-1912), the powers of imperial family members, or the judges they appointed, possessed a large amount of discretion, which often resulted in the abuse of power. Capital punishment was the main measure of dealing with offenders in the criminal justice system. Under feudalism, authorities frequently used the death penalty against political rivals. However, after the Meiji Era, as Western culture was introduced, the government established new laws reflecting a gradually modernizing Japanese society. In 1907, criminal law and prison law were passed in an effort to bring Japan into line with Western countries. However, the rights of offenders did not become a main issue in the criminal justice system until the post-war period. Based on the new Constitution, Criminal Procedure Law was radically changed toward the adoption of an adversarial system. Under this system, the roles of the police, the prosecutor, and the judge changed. Unfortunately, immediately following this innovation, a series of cases resulted in a miscarriage of justice partly because the police were not accustomed to the new system. Although a jury system came into force in 1939, it was practically never used because of inflexibility in the ongoing criminal justice system at that time. In addition, professional judges have always enjoyed a high level of trust in Japanese society. After the war, the police began to carry guns instead of sabers, according to the advice of the United States. Arguments were frequently made for reforming the main laws such as the Criminal Law (1907), the Juvenile Law (1947) and the Prisons Law (1907). However, plans for reform were controversial because they addressed delicate issues, such as the introduction of protective measures to Criminal Law, juvenile punishment, or the abolition of the practice of imprisoning defendants in police cells. Japanese society is relatively conservative in its approach to reforms and is generally inclined to oppose them. The government attempts to reform older laws by issuing a series of supplements. CRIME 1. Classification of Crime. *Legal classification. The three main categories of crime under the Japanese Criminal Law are crimes against the state, crimes against society and crimes against individuals. This law was passed under the old Constitution which had mainly focused on the power of the emperor and the state. As a result, crimes against the imperial family and the state were highly emphasized. While crimes against the imperial family were abolished after World War II, the fundamental structure of this law was little changed. Since there has been no complete revision of the law, the law remains fairly antiquated on the surface. The criminal justice system reflects the state's task of protecting individual interests in daily life. Crimes against life, person, and freedom include homicide, assault, bodily injury, forcible rape, indecent assault, and kidnapping. Crimes against property include theft, fraud, robbery, extortion, and embezzlement. The concept of theft has a very broad meaning and includes burglary, shoplifting, and stealing the goods in a car. Stealing bicycles from in front of railway stations is a typical theft according to criminal statistics. Crimes which significantly cause social disorder, like arson, indecent behavior in the public, and gambling, are usually placed in a category of crimes against society. Bribery is considered a crime against the state. Special laws include firearms and sword control law, laws for regulating business that affects public morals, anti-prostitution laws, anti-organized crime laws, and road traffic laws. There are a large number of traffic offenses, indicating serious problems on roads in Japan. Annually, there are 11,000 deaths caused by traffic accidents. After a controversy involving citizen's freedom of association in 1992, an anti-organized crime law was passed in 1992, which regulated the activity of Boryokudan crime organizations. *Age of criminal responsibility. Persons younger than 20 years of age are legally considered juveniles. According to the Juvenile Law, juvenile cases go to Family court. The court subsequently determines the need to subject the juvenile concerned to protective measures and the most beneficial treatment for the juvenile. Possible measures include placement under the supervision of probation officers, commitment to a child education or training home or a house for dependent children, and commitment to a juvenile training school. The Juvenile Law states that juvenile cases should be in principle separated from adult cases in terms of their future development. Although there are exceptions, juveniles are criminally prosecuted when the case involves a certain punishment in response to a very serious offense. *Drug offenses. There are special laws regulating cannabis, narcotics and psychotropics, stimulants and opium. Drug regulations cover punishment for the use, trade, possession, and production of drugs. In the 1990's a new drug regulation was introduced to conform to the standards of the United Nations. Toluene, thinner, and bonding substances are regulated by special law as well. Their abuse is a serious problem among the youth, partly because of their cheap price. Drug abuse in Japanese society largely stems from the use of amphetamine, which is largely imported from other Asian countries. Organized crime is involved in the handling and production of amphetamines and has become rich from this activity. 2. Crime statistics. Police, prosecution, court, correction and after-care divisions each publish their own statistics as a yearbook. The Ministry of Justice summarizes their statistics and publishes a book, White Paper on Crime. Because of the nationwide unitary system of these agencies, such a complete portrayal of the crime situation in Japan is possible. The number of reported crimes which follows is derived from the summary of the White Paper on Crime, for 1990. *Murder. In 1990, there were 1,238 cases of homicide reported to the police. *Rape. In 1990, there were 1,548 cases of rape reported to the police. *Larceny. In 1990, there were 1,444,067 cases of larceny reported to the police. *Serious drug offense. Information not obtained. *Crime regions. Information not obtained. VICTIMS 1. Groups most victimized by crime. There is very little data collected officially or privately about victims or victimization. By nature, victimization in Japan is generally not partial to a particular area, class, sex or age. However, according to a special survey, aged persons are victimized at a comparatively high rate by burglary, vandalism, and traffic offenses. (White Paper on Crime, 1991: 272-273). 2. Victims' assistance agencies. There are a few private organizations which financially assist victims. In light of the emphasis on family in the community, victims have tended to be assisted by their family members or relatives, or other community members. They are, at times, compensated by the offenders themselves or the offender's family. There are also organizations to help with psychological counseling for the victims of forcible rape, traffic accidents and child abuse. 3. Role of victim in prosecution and sentencing. Information not obtained. 4. Victims' rights legislation. In 1981, a victim-oriented law came into force, similar to the systems of New Zealand and Britain. This law provides that the state will financially assist the victim, or, in cases of violent crimes, the bereaved family. The amount of monetary benefit roughly ranges from 10,000 to 20,000 U.S. dollars, but, in 1990, although 42,000 violent crimes had occurred only 264 persons received this benefit. Thus, administration of this system seems problematic; few persons in the general public have knowledge about it. POLICE 1. Administration. The Police Law, enacted in 1945, in conforming with principles such as rule of law and local autonomy, aims at providing an efficient police structure on a democratic base. The police structure consists of the national police and the prefectural police. Formerly, most police agencies functioned as guards for the imperial family. Now, there is a mix of centralization and decentralization in that police administration is the responsibility of prefectural governments. The national level police organizations are the National Police Safety Commission (NPSC) and the National Police Agency (NPA). Since the NPSC makes basic policy and the NPA administers police affairs, the NPSC has control over the NPA. The NPSC is a governmental body responsible mainly for the administrative supervision of the police and coordination of police administration. It also oversees matters relating to police education, communication, criminal identification, criminal statistics and police equipment. To ensure its independence and neutrality, not even the Prime Minister is empowered to direct and give orders to the NPSC. The NPA, which is headed by a Director General, maintains Regional Police Bureaus as its local agencies throughout the country. There are seven bureaus in the major cities, excluding Tokyo and the northern island of Hokkaido. Police law stipulates that each prefectural government, which is a local entity, shall have its own Prefectural Police (PP). The PP is supervised by the Prefectural Public Safety Commission, which carries out all police duties within the boundaries of the prefecture. In practice, the PP forces are located in each of the 47 prefectures. The National Police Academy, the National Research Institute of Police Science and the Imperial Guard Headquarters are also organizations affiliated with the NPA. In addition, the Koban system provides local residents with safety and peace through daily contacts of police officers with residents in the area. Originally created by the Japanese police, this system has been recently adopted by countries such as Germany and Singapore. However, its success depends on the human relationship between the police officers and the community people. At times, there is an excess of intervention by police. The Koban system rests on approximately 15,000 police boxes (Hasshusho) and residential police boxes (Chuzaisho) located throughout the country. 2. Resources. *Expenditures. There are two types of police budgets: the national budget and the prefectural budget. The national police budget covers the expenditures of the NPA relevant to the execution of duties under its jurisdiction, including personnel costs, expenses incurred by the prefectural police which are shouldered by the state, and subsidies to the PP. Expenditures needed by the PP to carry out their duties are appropriated in the budget of each prefecture. In 1992, the NPA budget totalled 213,464 billion yen and the PP budget totalled 2,992,454 million yen (270 billion USD). The total National Police Agency Budget for the 1990 fiscal year was 198,420 billion yen, of which 41.5% (82,282 billion yen) went toward personnel expenses, 14.5% (28,870 billion yen) went toward equipment, communications, and facilities, 18.2% (36,149 billion yen) were allocated toward other expenses, and 25.8% (51,119 billion yen) went toward subsidies for Prefectural Police. In all, 74.2% of the total (147,301 billion yen) went toward NPA expenses. *Number of police. The NPA and the PP personnel forces are composed of police officers, officers of the Imperial Guard Headquarters, and civilian employees such as clerical workers and technical engineers. In 1990, there were about 258,800 authorized full-time police personnel. The ratio of police to population is about one officer to 556 citizens. The NPA is comprised of approximately 7,600 personnel, of whom 1,200 are police officers, 900 are Imperial Guards and 5,500 are civilian personnel. The 47 PP forces have a total strength of approximately 250,000, of whom 220,000 are police officers and 30,000 are civilians. There are approximately 4,200 female police officers (1.6%), whose role has been growing in importance. In addition, there are about 14,000 female civilians, of whom about 3,100 are traffic control personnel and juvenile guidance personnel engaged in on-the-street juvenile control. 3. Technology. *Availability of police automobiles. Motor vehicles are assigned to all police boxes throughout the country. Because of their mobility, they are useful in handling emergency cases, investigating criminal activity, and enforcing traffic control. As of 1994, there are approximately 26,000 police motor vehicles, including 5,000 patrol cars, 3,000 traffic police motorcycles, 5,000 vehicles employed for criminal investigation and 2,500 transport vehicles. In addition, about 200 police boats and 60 helicopters are assigned to each jurisdiction. *Electronic equipment. Network technology includes police telephone circuits, facsimile, an integrated system for police activities, a communication command system and mobile radio system, portable radio sets, a communication satellite, and multi-channel mobile telephone cars. *Weapons. After World War II, the United States advised Japanese police to require individual police officers to carry guns, whereas they used to carry only sabers. However, few guns are actually used. One problem is that offenders may initially attack police in order to obtain guns. 4. Training and Qualifications. Recruited police officers must immediately attend a three-part training course, consisting of preservice, on-the-job, and a comprehensive training course. Those recruited by the PP are enrolled in a 1-year preservice training course at their respective police academies. 5. Discretion. *Use of force. Information not obtained. *Stop/apprehend a suspect. Information not obtained. *Decision to arrest. Information not obtained. *Search and seizure. Information not obtained. *Confessions. Admissions of testimony in court may not include confessions made under compulsion, torture or threat, or after prolonged detention or confinement. Conviction or punishment cannot be permitted where the only proof against the defendant is his or her own confession. 6. Accountability. Information not obtained. PROSECUTORIAL AND JUDICIAL PROCESS 1. Rights of the accused. *Rights of the accused. The Constitution is the source of individual rights in the setting of criminal investigations and trial. Article 31 declares, "No person shall be derived of life or liberty, nor shall any other penalty be imposed, except according to procedure established by law," which is regarded as the principle of due process. Article 33 covers protection from illegal arrest: "no person shall be arrested except upon a warrant issued by a competent judicial official, which specifies the offense with which a person is charged...,". Article 34 protects persons from illegal confinement and Article 35 protects persons from illegal deprivation of residence and property. Provisions directly governing trial proceedings provide that admissions of testimony must be compelling. There are also rights guaranteeing a speedy and public trial, full opportunity to examine all witnesses, and legal counsel by lawyers employed by the state if the accused cannot afford a private lawyer. In addition, a person cannot incur criminal liability if the act was lawful at the time it was committed, and cannot be subject to conviction for the same crime twice (double jeopardy). *Assistance to the accused. The state must provide legal counsel if the defendant cannot afford a private lawyer. 2. Procedures. *Preparatory procedures for bringing a suspect to trial. Procedure in criminal prosecutions is uniform throughout Japan, and based primarily on the 1948 Code of Criminal Procedure and the 1949 Rules of Criminal Procedure under the Constitutional Law, reflecting Anglo-American legal concepts in contexts important to the protection of human rights. When police investigation is completed, police must refer the matter, including the evidentiary data, immediately to a public prosecutor. If the matter involves confining a suspect, they must refer the case to the public prosecutor within 48 hours of the suspect's arrest after which a determination is made concerning pre-trial detention. The jury system has, for all practical purposes, been suspended. There are no procedures equivalent to a guilty plea. That is, even if the defendant acknowledges guilt, the prosecutor must submit evidence to establish guilt. Further, since the Japanese procedural system does not include pre-sentence investigations and reports by probation officers, evidentiary data bearing on the sentencing must be presented by the parties to the case, to be supplemented by the court's own inquiries. In this context, the court is the exclusive trier of fact, which consists of the physical evidence and, when that is the case, the confession of the accused as well as any witnesses testimony. *Official who conducts prosecution. Only prosecutors are empowered to institute the prosecution of a criminal case and to direct the enforcement of criminal sentences. They have a large amount of discretion in controlling and directing criminal cases. (Japanese Criminal Procedure Code, Art.248). Accordingly, they have the power to suspend prosecution even when they can prove the offender committed a crime. They can also investigate all categories of criminal cases on their own initiative, without assistance from the police and other law enforcement agencies. Special cases, such as bribery involving highly placed government officials or corporate crimes involving a breach of trust by executives are often investigated by prosecutors. The increasing frequency of the occurrence of these special cases have emphasized the importance of the prosecutor's investigative powers. Under the Supreme Public Prosecution Office are 8 higher offices, 50 district offices and 810 local offices. As of 1990, there were about 1,100 prosecutors and 900 assistant public officers, who are all appointed by the central government. * Alternatives to trial. Information not obtained. *Proportion of prosecuted cases going to trial. Japan has a low rate of acquittals and high rate of convictions. In 1988, there were 57,790 accused persons tried in first-instance courts, of which only 50 (0.01%) were found not guilty. Defense lawyers generally prefer the introduction of mitigating circumstantial evidence rather than arguing with the prosecutor. In addition, both practicing lawyers and judges regard criminal cases as being less attractive than other types of cases. *Pre-trial incarceration conditions. If the public prosecutor believes that continued detention of the accused is needed, he or she must apply to a judge for a warrant of detention. This warrant must be applied for within 24 hours after police transfer to the prosecutor, or a maximum of 72 hours from the time of arrest. If reasonable grounds to detain a suspect exist, the judge must promptly issue a warrant or order of detention at a maximum of 10 days before prosecution is instituted. Reasonable grounds are determined by three criteria: 1) whether the suspect has a fixed dwelling, 2) whether the suspect might destroy evidence and; 3) whether he might flee the jurisdiction. *Bail Procedure. Information not obtained. *Proportion of pre-trial offenders incarcerated. Information not obtained. JUDICIAL SYSTEM 1. Administration. Supreme Court. The hierarchy of the court structure in Japan places the Supreme Court at the highest level, under which High courts and District courts are located in their own jurisdictions. The Supreme Court exercises appellate jurisdiction. The Grand Bench of the Supreme Court deals mainly with the constitutional affairs and the Petty Bench deals with the rest. High Courts. High courts are located in 8 major cities, with each court having jurisdiction over one of the 8 regions into which Japan is divided. As a rule, their jurisdiction extends to appeals rendered against the judgments of district courts, family courts and summary courts. District Courts. There are 50 district courts handling cases within a judicial district, or the geographical area which corresponds to a given prefecture. The courts are subdivided into 201 branches. District courts are generally primary courts of first-instance or original jurisdiction. They do not hear family court and summary court cases. Summary Courts. Summary courts are located in cities, towns and villages and have original jurisdiction in criminal cases involving offenses punishable by a fine or lesser punishment, and other minor offenses such as theft of bicycles. There are 452 Summary courts. 2. Special Courts. Family Courts. Family courts are established in each judicial district, and deal with cases of juvenile delinquency and family concerns, such as domestic affairs. 3. Judges. *Number of judges. The Supreme Court consists of the Chief Justice and 14 Justices, of which one is female. There are a total of about 280 High court judges. The District Courts are staffed by about 910 judges and 460 assistant judges. There are about 800 Summary court judges throughout the country. *Appointment and qualifications. The recruitment system in the Japanese judicial agencies is based on the National Judicial Examination. Candidates for judgeships, prosecutors, and practicing lawyers must pass this national level examination. The examination is so competitive that only 700 in 24,000 candidates pass yearly. The average age of the candidates is 29. After the candidates pass the exam, they train for their profession for two years at the Training Institute. PENALTIES AND SENTENCING 1. Sentencing Process. *Who determines the sentence? Information not obtained. *Is there a special sentencing hearing? Information not obtained. *Which persons have input into the sentencing process? Information not obtained. 2. Types of Penalties. *Range of penalties. Under Japanese Criminal Law, there are six main penalties: death, imprisonment with labor, imprisonment without labor, fines (more than 10,000 yen), penal detention (short imprisonment up to 30 days), and minor fines (less than 10,000 yen). There are also supplementary penalties, such as the forfeiture or confiscation of physical objects used in the commission of offenses or obtained as a result of the crime. *Death penalty. There are 14 categories of offenses punishable by the death penalty, but in practice only murder and robbery that results in the death of the victim, result in a death penalty. The Juvenile Law prohibits the death penalty from being imposed on anyone below 18 years old. The method of execution is hanging. In recent years, use of the death penalty has been controversial and there has been a movement toward its abolition. This movement has been powered in part by the United Nations' decision on abolition and a series of cases in which miscarriages of justice occurred. However, polls indicate that the general public approves of the death penalty. From 1988 to 1992, the number of defendants sentenced to capital punishment has decreased. Executions substantially depend on the will of the Minister of Justice. In the 3 years between 1990 and March 1993, there were no executions. Since March of 1993, seven prisoners have been executed. Presently, there are many in prison awaiting execution. The numbers of inmates sentenced to capital punishment in recent times are: 12 (1988), 5 (1989), 6 (1990), 5 (1991), and 5 (1992). PRISON 1. Description. *Number of prisons and type. In 1992, there were 59 prisons, 8 juvenile prisons, 3 medical prisons, 7 detention centers, 8 branch prisons, 2 medical branch prisons, and 107 branch detention centers throughout Japan. Juvenile correctional institutions include 54 juvenile training schools, 52 juvenile classification homes, and 1 branch juvenile classification home. There are 6 prisons for females. Not until 1969 were open prisons first established in Japan. When the United Nations Congress on Crime Prevention and Treatment of Offenders was held in Kyoto in 1970, the government planned to build the open prisons exclusively for offenders convicted of traffic offenses, which are considered serious offenses in Japan. In 1989, there were eight institutions for traffic offenders. For the other offenders, open-type "live in" camps serve as a form of intermediate prison for persons whose release is imminent. *Number of prison beds. As of the end of 1992, there were 63,773 prisoners, using 70.7% of prison bed capacity. Because of the shortage of prison cells for nonconvicted persons, the Prison Law police cells to be used even after persons are committed to a prosecuting agency. However, this situation threatens human rights in that the persons concerned cannot communicate with other persons from inside the police cell. Cases resulting in a miscarriage of justice have occurred involving police pressure to extract a confession. Due to financial reasons, the Ministry of Justice has emphasized the difficulty of constructing more prison cells. In light of the international criticism given to this situation (Daiyo-Kangoku), it is expected that the government will eventually decrease the use of police cells and construct more prison cells. *Number of annual admissions. In 1992, a total of 22,296 persons were newly admitted to penal institutions, of which 20,864 were newly sentenced prisoners. Also in 1992, 4,356 juvenile school trainees and 1,051 inmates of juvenile classification homes were admitted. *Average daily population/number of prisoners. In 1992, the average daily population of prisoners was 44,875, of which 37,522 were convicted inmates. *Actual or estimated proportions of inmates incarcerated. Information not obtained. 2. Administration. *Administration. All prisons are administered by the central government, that is, by the Correctional Bureau of the Ministry of Justice. There are no local or private prisons. *Number of prison guards. In 1989, penal institutions in Japan were staffed by about 17,000 officials and employees, which included 820 governors, 1,500 assistant governors, 12,000 guards and 1,200 specialists. Among the 2,500 staff members of juvenile training schools, there were 130 administrators, 2,000 instructors, 90 medical specialists, and 1,200 other staff members. Among the 1,200 staff members of juvenile classification homes, there were 120 administrative officers and 230 classification specialists and instructors. *Training and qualifications. Information not obtained. *Expenditure on prison system. Information not obtained. 3. Prison conditions. *Remissions. While probation procedures can be conducted by volunteer persons or groups, the situation of offender after-care is more formalized. The Rehabilitation Bureau of the Ministry of Justice officially administers the general practices of after-care, such as probation services, parole supervision and community-based treatment. However, in reality, many citizens cooperate with the officers in doing these tasks. In fact, the number of salaried probation officers is only 850 throughout all Japan. This is supplemented with a system of Volunteer Probation Officers (Hogoshi) which involves 48,000 volunteer probation officers who are appointed by the Ministry of Justice. The officers must be qualified, have a confidence and reputation in the community, enthusiasm, time, availability, financial stability and good health. In 1922, the government adopted the volunteer probation officer system for treatment of juvenile delinquency and extended the system's use to adult treatment after World War II. Nongovernmental bodies, authorized by the government organize rehabilitation aid hostels or halfway-houses which provide accommodation for offenders released from penal institutions. In 1992, the number of probationers and parolees totaled 90,419, of which juveniles comprised the majority of clients. *Work/education. In principle, treatment in Japan is based on rehabilitation of offenders, with the objective of individualized treatment of offenders to correct their criminal inclination and secure their reintegration into the community where they will live. A system of scientific classification of offenders has been adopted in order to individualize such treatment. However, this progressive system, in which an offender gradually obtains freedom in proportion to his or her efforts while serving the prison sentence, has become less useful for rehabilitation because it has come to be regarded as an absolute necessity for every prisoner. In general, most Japanese prisons own their own factory. Treatment of prisoners is mainly focused on work in the factory, usually for 8 hours a day. * Amenities/privileges. Information not obtained. EXTRADITION AND TREATIES *Extradition. Information not obtained. *Exchange and transfer of prisoners. Information not obtained. *Specified conditions. Information not obtained. SOURCES Moriyama T., "Citizen Associations and the Volunteer Probation Officer", UNICRI (ed.), (In)formal Mechanisms of Crime Control, 1988. Moriyama, T. "The Response to Delinquency by Formal Agencies in Japan", J. Hackler (ed.), Official responses to Problem Juveniles, the Onate International Institute, 1991. National Police Agency. The Police of Japan, 1991. Summary of the White Paper on Crime 1991 Research and Training Institute of Ministry of Justice. Shkita, M. and Tsuchiya, S., Crime and Criminal Policy in Japan. (Springer-Verlag), 1992. Tadashi Moriyana Associate Professor Takushoku University 3-4-14 Kohinata, Bunkyo Tokyo 112 Japan Fax: 81-424-72-9791
AB 1138 Assembly Bill - Bill Analysis (California Constitution, Article V, Section antiterrorism activities unrelatedto organized crime. centralized information, investigations, intelligence and http://info.sen.ca.gov/pub/bill/asm/ab_1101-1150/ab_1138_cfa_20030328_102736_asm
Extractions: BILL ANALYSIS AB 1138 Page 1 Date of Hearing: April 1, 2003 Counsel: Gabriel C. Vivas ASSEMBLY COMMITTEE ON PUBLIC SAFETY Mark Leno, Chair AB 1138 (Frommer) - As Amended: February 21, 2003 SUMMARY : Establishes the California Anti-Terrorism Information Center (CATIC) within the Attorney General's (AG) Office and sets forth the duties of the CATIC in collecting antiterrorist information, analyzing and disseminating criminal intelligence, and acting as the law enforcement liaison between local and federal law enforcement authorities. Specifically, this bill EXISTING LAW : 1)Provides that the AG is the chief law officer of California. (California Constitution, Article V, Section 13.) AB 1138 AB 1138 Page 3 training, (b) intelligence, (c) long-range intelligence research, (d) investigation, and (e) prosecution. (Government Code Section 15027.) 8)Provides no specific statutory authority for the AG to establish an anti-terrorism unit within the DOJ.
Extractions: Internet Law Library: Crime, Law Enforcement, and Prisons: General Crime and Justice laws (complied by the General Services Administration) U.N.T.S. No. 14118, vol. 974, pp. 178-184CONVENTION FOR THE SUPPRESSION OF UNLAWFUL ACTS AGAINST THE Alaska Administrative Code, title 22 (Department of Corrections) Alaska Court of Appeals criminal appeals decisions ... LawMoose World Legal Resource Center Home See Also: Crime, Law Enforcement, and Prisons: Sentencing and Parole Civil Liberties and Civil Rights: General Computers and the law Domestic relations ... Translate with AltaVista's TM Systran R to: French German Italian Portuguese ... Spanish The Internet Law Library, originally the U.S. House of Representatives Internet Law Library (1994-1999), may not provide current information. Many now historic Internet resources are now found in the Library along with many still current ones. We recommend that you supplement the Internet Law Library as follows: Search LawMoose's World Legal Resource Center Search Engine (see search box above), and
NEWS.com.au | Hotel Video Footage Missing (archived) staff to remove the 58year-old Richmond retiree from the pub after it police, toldthe court that an officer from its computer crime investigations unit had http://news.com.au/common/story_page/0,4057,9623322%5E1702,00.html
Extractions: Barry Rudd was found dead on the bench outside the entrance of the Rising Sun Hotel in Richmond in the early hours of December 3, 2002. Several hours before, the pub's manager Georgina Carroll had ordered staff to remove the 58-year-old Richmond retiree from the pub after it was believed he had passed out drunk and was found on the floor of its toilets. Technician Franco Travaglini, who installed the hotel's surveillance cameras in 2002, today told the Victorian Coroner's Court that he could not find footage from that night when he was asked to assist in retrieving it. "I attended, I think, a day after I was notified. I met police and tried to review the system, the relevant footage wasn't there," he said.
