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- East Asian Court Reform on Trial: Victim Participation in Japan
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Victim Participation in Japan
In 2008, a victim participation system was introduced in Japan, which
enabled crime victims to participate in criminal proceedings. One of the goals of the system
was to correct the wrong done to victims due to their lack of previous involvement, thus
giving crime victims what they “naturally desire.” Employing Malcolm Feeley’s analytical
framework to make sense of planned legal change, this Article shows that the new system
emerged against the background of a combination of international trends: victim activism
and public perceptions of crime getting out of hand. It finds that for reasons that are not
well understood, only a small percentage of victims have made use of the new system.
When it comes to the other courtroom players, judges and prosecutors are generally
committed to accommodating participating victims, both formally and in practice. The
Show moreIn 2008, a victim participation system was introduced in Japan, which
enabled crime victims to participate in criminal proceedings. One of the goals of the system
was to correct the wrong done to victims due to their lack of previous involvement, thus
giving crime victims what they “naturally desire.” Employing Malcolm Feeley’s analytical
framework to make sense of planned legal change, this Article shows that the new system
emerged against the background of a combination of international trends: victim activism
and public perceptions of crime getting out of hand. It finds that for reasons that are not
well understood, only a small percentage of victims have made use of the new system.
When it comes to the other courtroom players, judges and prosecutors are generally
committed to accommodating participating victims, both formally and in practice. The
new system further limits defense lawyers’ room to maneuver, while also presenting new
opportunities for lawyers to represent victims and champion their rights. This Article
concludes that the new system expresses a continued commitment to protecting victims’
rights and interests, and that the new system contributes to remedying victims’ exclusion
from their case, even if theextent to which it succeeds in giving victims what they desire
remains uncertain.
- All authors
- Herber, E.D.
- Date
- 2017
- Volume
- 27
- Issue
- 1 - East Asian Court Reform on Trial
- Pages
- 119 - 147