Criminology

The United States legal system which developed into one of the most sophisticated legal systems in the world has its roots in the English common law. The system depends on the adversarial systems of justice in that the litigants present their respective points of view before a neutral party. The litigants represented by their respective lawyers or attorneys present their arguments before a court of judge and jury who then settle the case on the basis of merits of the case. A plethora of rules designed to foster fairness exist covering evidence, testimony and procedure. There are two levels of courts, the state and the federal which coexist and the case is tried in accordance with which law has been violated, state or federal. The criminal justice system of the United States comprises of three basic links, the police, the courts and the correctional facilities (Walker 1980).

Up to the Meiji restoration Japan in 1868 the Daimyo or feudal lords and public officials enforced conformity of the public to accepted norms of Confucian morality and behavior and not laws. The first publicly promulgated penal codes specifying offences and their respective punishments came in 1888 which were revised in 1907 bringing in German and French influences which continued till the Second World War. Thereafter, the occupation powers initiated legal and Constitutional reforms and the criminal procedure code was substantially revised to include the rights of the accused. Thus the Japanese legal system became a hybrid of continental and Anglo-American Law (Port,  McAllin, 2003).

Policing
The Police are primarily concerned with maintaining peace and public order and the enforcement of criminal law. For any violator the first contact with law enforcement is with the police who have the powers to restrain and detain.  The United States police was largely modeled on the London Metropolitan Police who were established through the efforts of Sir Robert Peel in 1829. Boston had a professional police force in 1838, New York in 1844 and other cities followed in the late 1800s.

Separate agencies exist at the local, state, and federal levels and set their own standards of selection, training and performance. Most police agencies are small municipal units many consist of only one, two, or three part-time police officers. Most of the countrys police officers, however, are employed by large municipal forces. The Federal Bureau of Investigation (FBI) in the Department of Justice provides information, aid, and training to state and local police agencies and grants funds to state and local police agencies for research, planning, and demonstration projects.

During the Meiji Restoration a centralized civil police system was established in 1874, under the Police Bureau within the Home Ministry to maintain public order. Within a few years the police had spread nationwide enforcing public morality. Their involvement in political affairs and civil administration gave the police a great deal of authority which was a base of the authoritarian state in Japan prior to the Second World War. After the war the Diet passed the 1947 Police Law and the police system was decentralized placing it under National Public Safety Commission in the Office of the Prime Minister.

Independent municipal forces were established in cities, towns, and villages with 5,000 inhabitants or more, and a National Rural Police was organized by prefecture. National Public Safety Commission guarantees the neutrality of the police force by insulating it from political pressures (Taylor 1997). It has the authority to appoint senior officials. Entrance to the police force is strictly on merit determined by examinations then recruits undergo rigorous training at a police academy.  After basic training police officers are assigned to local police boxes and for promotion, further course work is required followed by examinations. In-service training provides continuing education.  Those with upper-secondary school diplomas are eligible to take examinations for sergeant after three years of on-the-job experience. University graduates can take the examination after a year. The emphasis remains on community policing at the grass roots level.

Courts
Once an alleged offender has been detained by the police they are to be presented before a judge in a court in conformity with strictly laid down procedure. The procedure is adversarial in that a state appointed prosecutor presents the charges that a crime was committed along with the evidence incriminating the alleged offender, which the alleged offender has the right to refute or defend through his attorney, before a magistrate or judge. The judge, usually a person well versed in law, a person of high esteem who is expected to abide by a strict code of ethics. He hears both the sides and then issues a verdict based on the merits of the case as presented before him. In the United States, Congress has the power to create and abolish courts which have jurisdiction over civil and criminal cases pertaining to federal law. A federal court has a chief judge who has some administrative functions in addition to his or her regular duties. Chief justices for district and appeals courts have to be under age 65 and stay for seven years but not beyond age 70. Courts also have a retinue of other staff including court reporters, clerks and assistants, who are essential for smooth running of the system. The Clerk of the Court is the person responsible for maintenance of records, courts finances, administers the jury system, sends out notices and summons, and manages interpreters and court reporters. Federal judges are appointed by the President, they are confirmed by the Senate and their emoluments are decided by Congress (Hanes  Hanes 2005). Federal judges are appointed for life, with few exceptions or till they retire, resign or die.  The Supreme Court of the United States was created by the Constitution and it cannot be abolished. Congress may, however, decide how many judges are appointed but it cant change the powers given to the Court by the Constitution. The Judiciary Act of 1789 gave the Court one chief justice and five associate justices. Between 1789 and 1869, the number of justices on the Court changed six times but has remained nine since 1869. A person found guilty in a criminal court can appeal the ruling and be heard by the Court of Appeals. Both litigants may appeal in a civil case. In the Court of Appeals the appellant, has to show that the trial court made a legal error that affected the outcome of the case. The courts decision is based on the record of the case and no new testimony or evidence is presented and the courts decision is final. If someone loses in Appeals Court they can petition for a writ of certiorari which is a request to the Supreme Court to review the case.

The Japanese Constitution of 1946 gave legislative power to the Diet, executive power to the Cabinet whose members are collectively responsible to the Diet in the exercise of this power. The appointment the Chief Justice of the Supreme Court and other Court Justices and judges of lower courts are within the purview of the Cabinet. However, nomination of candidates of lower court judges from among whom the Cabinet appoints, including Presidents of high courts, and the assignment of judges to a specific court are reserved for the Supreme Court, which exercises authority through the resolutions of the Judicial Assembly. All judicial power is vested in the Supreme Court and lower courts established by law. The courts are the final adjudicators of all legal disputes, including those arising out of administrative actions between citizens and the state. The judicial system of Japan is composed of five types of courts the Supreme Court, high courts, district courts, family courts, and summary courts and these courts have their own jurisdictions as provided in law. The Supreme Court is composed of the Chief Justice and fourteen Justices. It exercises appellate jurisdiction of final appeal, and appeals against a ruling as provided specifically in the codes of procedure. In addition, it has final jurisdiction in proceedings involving the impeachment of commissioners of the National Personnel Authority.

Lawyers and Judges
In the United States, law is primarily taught at law schools, where a bachelors degree is a prerequisite for admission. Most law schools are part of universities but a few are independent institutions which award graduating students a J.D. (Juris DoctorDoctor of Jurisprudence) as the practitioners law degree. Many schools also offer post-doctoral law degrees such as the LL.M (Legum MagisterMaster of Laws), or the S.J.D. (Scientiae Juridicae DoctorDoctor of Juridical Science) for students interested in advancing their research knowledge and credentials in a specific area of law of their interest (Cooper,  Gibson, 1998). Lawyers are then required to join Bar Associations before they are permitted to practice their trade. 

The Legal Training and Research Institute is a training facility affiliated to the Supreme Court of Japan. The institute is responsible for research and training of judges, and the judicial training of legal apprentices. In Japan, those wishing to enter the legal profession must first pass the National Bar Examination to be appointed as legal apprentices (Article 66(1) of the Court Act), and then complete the requisite judicial training courses (Article 67(1) of said Act). The institute has an ongoing program of training of judges throughout the year.

Conclusion
Since 1945 there is a great deal of similarity between the United States and Japanese system of justice since the law reforms were instituted by the occupation powers. From the training and deployment of police forces to the workings of courts there are more similarities than differences.  In Japan there is a greater integration of the Police force with the populace. Their friendly and lenient attitude is matched by state-of-the-art technology for crime detection and illiberal attitude towards the guilty. It has helped Japan to keep a very tight control on crime.  There are differences in approach to training of lawyers and judges but in both cases it is merit that prevails and is the basis for promotion. In both systems the judiciary enjoys complete freedom from political or other pressure.