Idealizing the other? Western images of the Japanese Criminal Justice System

Criminal Justice Ethics 23 (2):14-24 (2004)
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Abstract

psychological terms, the [Japanese] system relies on positive rather than negative reinforcement, emphasizing loving acceptance in exchange for genuine repentance. An analogue of what the Japanese policeman wants the offender to feel is the tearful relief of a child when confession of wrongdoing to his parents results in a gentle laugh and a warm hug. In relation to American policemen, Japanese officers want to be known for the warmth of their care rather than the strictness of their enforcement.1Much of the most disturbing police behaviour stems from two connected facts: the system's overwhelming dependence on admissions of guilt, and the absence of checks on police power in the interrogation room. In Japan, the conditions of interrogation—the duration and intensity of questioning, the duty to endure questioning even after the right to silence has been invoked, and the unavailability of defence lawyers—means that an ‘overborne will’ is more than merely an occasional problem.2.

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Orientalism.Edward Said - 1978 - Vintage.

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