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

This book explains Japan's unique Prosecution Review Commission (PRC) which is composed of eleven lay people selected randomly from voter registration lists. Each of the country's 165 PRCs reviews non-charge decisions made by professional prosecutors and determines which cases should be reinvestigated or charged. PRCs also provide prosecutors with general proposals and recommendations for improving their policies and practices. The book 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. More broadly, this book explores a problem that is common in many criminal justice systems: how to hold prosecutors accountable for their non-charge decisions. It discusses the potential these panels have for improving the quality of criminal justice in Japan and other countries, and it will appeal to scholars and students studying prosecution and democracy, criminal justice, criminology, lay participation, justice reform, and Japanese studies. David T. Johnson is Professor of Sociology, University of Hawaii at Manoa, USA. He has published six previous books which have received numerous awards and honorable mentions. Preface 6 Acknowledgments 9 Praise for Japan’s Prosecution Review Commission 10 Contents 12 List of Tables 15 1 Prosecutors and the Prosecution Review Commission 17 The Problems with Prosecutors 24 Power 25 Discretion 27 Misconduct 29 Ideology 30 Accountability 31 Inertia 32 Role Ambiguity 32 Three PRC Frames 35 Victims 35 Impunity 39 Democracy 43 Conclusion 46 2 PRC Origins and Operations 48 Origins 48 The PRC Law of 1948 51 The PRC Reform of 2009 54 Operations 60 A Japanese Grand Jury? 68 A Japanese Special Prosecutor? 70 Conclusion 73 3 PRC Impacts 75 A Bird’s-Eye View 77 Kickback Patterns 83 Kickback Effects 89 A Surge of Complaints 98 Conclusion: Legitimation, Kickbacks, and Shadow Effects 103 4 Mandatory Prosecution 105 Akashi Pedestrian Bridge Case 107 JR West Amagasaki Rail Crash Case 110 Okinawa Unlisted Stock Fraud Case 112 Rikuzankai Incident 114 Senkaku Islands Ship Collision Case 118 Tokushima Town Mayor Assault Case 120 Golf Instructor Quasi-Rape Case 122 Judo Student Severe Injury Case 126 Tomei Road Rage Internet Libel Case 129 TEPCO Nuclear Meltdown Case 131 Conclusion 133 5 The TEPCO Prosecutions and Acquittals 137 Prosecutions 142 Trial 149 Shaky Prediction? 152 No Duty to Shut It Down? 154 Absolute Safety Not Required? 155 What If? 157 Reactions to the Acquittals 158 Analysis 162 Prosecution and Truth 163 Comparisons 165 The Under-Prosecution of White-Collar Crime 170 The Limits of the Criminal Sanction 173 6 Lessons 177 A Failure to Prosecute Rape 178 Lessons 191 It Is Possible to Check Prosecutors’ Non-charge Decisions 192 Origins 193 Legitimation Effects 193 Kickback Effects 194 Shadow Effects 195 Few Mandatory Prosecutions and Convictions 195 The Challenge of Controlling White-Collar Crime 196 Knowledge Gaps 197 Citizen Satisfaction 198 PRC Dangers 198 Prosecution and Democracy 200 Implications for Other Countries 201 Reform in Japan 205 Index 212