Banishing the thirteenth juror: an approach to the identification of prosecutorial racism

Article Abstract:

The issue of prosecutorial racism was raised in the case of Russell v Collins, but the prosecutor's comments were considered 'harmless error.' Instead, courts should use a two-step process in which violations of the ban on prosecutorial racism should first be identified and then evaluated as harmless or fundamental errors. Furthermore, explicit racial references should be presumed prejudicial, and indirect references should be evaluated by a reasonable person standard. Courts need to address this issue seriously to remedy discrimination in the criminal justice system.

Standards, Cases, Race discrimination, Discrimination in criminal justice administration, Criminal justice discrimination, Prosecution

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Prosecution review commissions: Japan's answer to the problem of prosecutorial discretion

Article Abstract:

The Japanese criminal justice system includes the mechanism of prosecution review commissions as a check on prosecutorial discretion. When a public prosecutor decides not to indict a suspect, the crime victim can demand a hearing by a prosecution review commission to review the decision. Unfortunately, the commissions are not well known or often used, possibly due to structural problems with the system or to Japanese legal culture. Because the system is beneficial in controlling prosecutors, it should be strengthened, and suggestions for doing so are offered.

Laws, regulations and rules, Investigations, Criminal procedure, Public prosecutors

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The dark side of private ordering: an institutional and empirical analysis of organized crime

Article Abstract:

The authors studied the relationship between organized crime in Japan and legal institutions. They found that there is an inverse relationship between the rate of organized crime activities and commercial litigations, outstanding loans, and crimes reported.. Organized crime apparently substitutes for legal institutions where Inefficiencies in those institutional structures exist.

Japan, Statistical Data Included, Analysis, Commercial law, Protection and preservation, Organizational research, Organized crime, Right of property, Property rights

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