A Handbook of Modern JapanClement, Ernest W. (Ernest Wilson)
History
A Handbook of Modern Japan
Clement, Ernest W. (Ernest Wilson)
Japan
The Japanese policeman is one of the most interesting “characters”
of his nation. He is the successor of the _samurai_, who, in the old
_régime_, took upon themselves the duty of enforcing justice. He
possesses all the pomp and dignity of his knightly predecessor; and he,
too, carries a sword. All the people, from children up to grandfather,
stand in complete awe of him. And well may they be afraid; for in his
dealings, at least with the common people, he manifests no gentleness,
but by his dictatorial manners compels the utmost respect for himself
and the law. He seldom has to use force in making an arrest, unless in
the cases of the professional criminals; and he does not usually find
it necessary to use handcuffs, as a strong cord will serve his purpose
on ordinary occasions. He is more easily to be found, when wanted,
than the proverbial American policeman. He is poorly paid, but richly
faithful, and in every sense of the words upholds the dignity of the
law. His figure clad in white or blue uniform, respectively, for five
and seven months of the year, is familiar and welcome to foreigners,
because to them he is invariably kind and courteous.
When a person suspected of some crime or misdemeanor has been
arrested by the police, he is taken to the nearest detention station
and put through a preliminary investigation before the judge of the
local court. As this may be delayed, and bail allowed or not at
the discretion of the judge, accused persons are sometimes kept in
detention for a considerable period. No counsel is allowed at this
secret preliminary examination before a kind of justice of peace. The
latter, from the evidence, either dismisses the prisoner, or imposes a
suitable punishment, or remands him for trial before the proper court.
A trial in Japan, as in France, is of the “inquisitorial” type, and is
conducted by the judge (or judges) alone. “All questions by counsel
must be put through him. Counsel do not so much defend their clients
as represent them.” Witnesses are sworn, so to speak, by “a solemn
asseveration,” without “any religious sanction”; and this takes the
form of a written document “duly signed and sealed.” The government
is represented by the public procurator, who seems to combine in one
person the duties of inspector, grand jury, and prosecuting attorney.
Hearsay evidence is admitted; and circumstantial evidence has no small
influence.
Public-domain text, read in full here on John Shaqi.
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