¶ … values" that underlie the American criminal justice system? That is, what would an outsider consider our fundamental value when he/she observed the U.S. justice system? It is by understanding our own values that we better understand the values of other countries. At the same time, we start to realize, I hope, that our values determine our CJ system. So it would be silly to believe that other countries have the same system as us when we know that they do not share our same values.
There are many different underlying values that could be perceived by outsiders. Probably one of the most prominent values observed would be the access to justice. Everyone is provided a lawyer and the legal system is intended to work for all citizens regardless of their place in society. Although many of the outcomes may have variations depending on an individual's background, there is at least an underlying attempt to create equal justice for all under the law of the United States.
Select one of our model countries. What part of their justice system do you think the U.S. would do well to adopt? Why?
Japan represents an interesting model of an effective criminal justice system. One of the defining features of this system is its near perfect conviction rate (99%). Japan does not have a jury system which changes the dynamics of prosecution. It has been argued that the individuals that have the highest probability of being convicted are the only ones that are brought in front of the judge -- mainly due to limitations on resources available. Therefore, in Japan, it is common for only those who can be easily proven guilty to be brought to trial in front...
The entire country only employee's two thousand prosecutors and the system is largely efficient when compared to the U.S. Although the sentence rate is comparatively higher, the Japanese system is also more lenient with the execution of sentences when compared to other countries such as the United States.
3) There are almost as many lawyers in the United States as there are lawyer jokes. What is it about other countries that allows them to have fewer lawyers? Why does the U.S. have so many?
In the case of Japan, they have far fewer lawyers than the United States based on the populations. The primary reason is that the country does not utilize the jury trial. This streamlines the entire process. Both the defense and the prosecution operate under a predictable system and they only provide evidence that would be deemed outside the norm. Prosecutors only bring forward the cases that they are sure they will win and as a result there is an extremely high prosecution rate. In the U.S., the trial by jury step adds a layer of complexity. Although this measure adds a layer of protection to the citizens, it also complicates the system and requires more lawyers to administer.
4) Recent concern about increased WMD terrorism threats out of Pakistan and Iran's nuclear interests remind us that terrorism is not just a domestic issue any more. You might find this recently released government report to be of interest: World at Risk . What, in your opinion, is the greatest threat to the world from terrorism and how should international justice systems prepare to respond to this threat?
Terrorism is becoming a fact of life in…
