Unit 6 [CJ499: Bachelors Capstone In Criminal Justice]

Unit 6 [CJ499: Bachelors Capstone in Criminal Justice] Unit 6: Short Paper

Compare and contrast the justice system of a foreign country with that of the United States. Be sure to address three of the following issues in your essay: 1. Substantive Law 2. Procedural Law 3. Judicial Review 4. Policing Systems 5. International Police Cooperation. You should consult outside sources to ensure that you thoroughly address each issue.

You may consult the Library, the Internet, other course materials, and any other outside resources in supporting your task, using proper citations in APA style. Save your document in the following format: last name first name assignment. (Example: Smith John_Unit6_Assignment.) Submit your assignment to your instructor by selecting the Unit 6: Assignment in the Dropbox by the end of Unit 6.

Paper For Above instruction

The comparative analysis of the justice systems of different countries provides valuable insights into how legal frameworks and law enforcement practices shape societal order. For this paper, I will contrast the justice system of Japan with that of the United States, focusing on three specific issues: substantive law, policing systems, and international police cooperation.

Substantive Law

Substantive law pertains to the body of laws that govern the rights and duties of individuals and entities within a country. In the United States, substantive law is derived primarily from statutory laws enacted by legislatures and case law through judicial interpretation. American substantive law emphasizes individual rights, due process, and protections under the Constitution (Harvard Law Review, 2020). For example, the U.S. legal system provides extensive protections for defendants, including the right to a fair trial and protection against self-incrimination.

In contrast, Japan’s substantive law is heavily influenced by civil law traditions derived from European legal systems, particularly Germany and France. Japanese law emphasizes social harmony, consensus, and the importance of community welfare. Its criminal law tends to focus on societal order and rehabilitation rather than individual rights (Watanabe, 2018). For instance, Japanese criminal law allows for longer detention periods for suspects before trial and relies heavily on confessions, which can be coerced, reflecting differing priorities between the two systems.

Policing Systems

The policing systems in the United States and Japan differ significantly due to cultural, legal, and organizational factors. In the U.S., law enforcement agencies operate under a decentralized structure with local, state, and federal levels, each with distinct jurisdictions and policies (National Institute of Justice, 2011). American police prioritize community policing and law enforcement that emphasizes individual rights and freedoms. Police officers are authorized to use force within legal limits, and the accountability mechanisms vary widely across jurisdictions.

Japanese police operate under a highly centralized and organized system known as the Koban, small neighborhood police stations that provide community-based law enforcement. The Japanese police emphasize prevention, social order, and cooperation with the community. They rely heavily on patrol, detailed record-keeping, and confession-based interrogation, which has been criticized for potential coercion (Yamamoto, 2019). The police are known for their strict discipline and low crime rates, attributed partly to their community-oriented approach.

International Police Cooperation

Both countries participate in international police cooperation, but their approaches differ according to legal and diplomatic frameworks. The United States is part of multiple international law enforcement organizations such as INTERPOL, where it shares intelligence and coordinates cross-border operations (INTERPOL, 2020). U.S. agencies often lead global initiatives against organized crime, cybercrime, and terrorism, employing a combination of diplomatic, intelligence-sharing, and military means.

Japan also collaborates with INTERPOL and other international bodies, focusing on issues pertinent to Asia-Pacific security such as drug trafficking, human trafficking, and cybercrime. Japanese police work closely with neighboring Asian countries and have increasingly adopted technology-driven intelligence-sharing methods. However, Japan’s approach tends to emphasize bilateral and regional cooperation, owing to its diplomatic policies and cultural preferences for consensus-building (Kobayashi, 2021).

Conclusion

In comparing the justice systems of Japan and the United States, notable differences in substantive law, policing strategies, and international cooperation emerge. The U.S. places strong emphasis on individual rights and a decentralized law enforcement structure, while Japan emphasizes social harmony, community policing, and centralized authority. Both countries engage actively in international police cooperation but adopt different strategies aligned with their legal traditions and diplomatic policies. Understanding these differences enhances cross-cultural insights into justice and law enforcement practices globally.

References

• Harvard Law Review. (2020). Overview of U.S. Criminal Law. Harvard Law Review, 133(4), 987-1005.
• Kobayashi, T. (2021). Regional Security and Police Cooperation in Asia. Asian Journal of International Law, 11(2), 205-224.
• National Institute of Justice. (2011). Policing Strategies in the United States. NIJ Journal, 266, 14-21.
• Watanabe, T. (2018). Japanese Criminal Law and Society. Tokyo University Press.
• Yamamoto, M. (2019). Community Policing and Crime Prevention in Japan. Police Studies, 42(3), 289-305.
• INTERPOL. (2020). Global Crime and Law Enforcement Cooperation. INTERPOL Annual Report 2020. Retrieved from https://www.interpol.int/en/Who-we-are/Annual-Report