Compare and contrast Legal traditions
Common law criminal procedure in Japan majors mainly in national level territorial jurisdiction. It is governed by the principle source of the code of criminal procedure and rule of criminal procedures. In the U.S. the common law criminal procedure plays a major role of set guideline and rule that are to govern multiples of proceedings that would enable the judiciary to enforce the criminal laws. Criminal code on the other hands are used to outline the federal crimes with the help of the federal rule set to to dictate the procedures required to conduct a specific criminal trial (Katz, 2006).
Civil law criminal procedure in the United States comprises of rules that are used by the courts to conduct all the civil trials. In a general view civil law is concerned with the way individuals relate with each other. Its main purpose is to compensate the plaintiff for the offense or wrong done. This means that any claims by a person or a certain group against each other are judicially resolved. Japan civil law criminal procedure. Civil law criminal procedure in Japan protects the individual safety against any injustice action. It is basically the body that is mandated to safeguard the wellbeing of individuals within the community (Katz, 2006).0
Adversarial and the inquisitorial criminal procedures are relevant in determining the models a justice system in existence in both countries of studies. In both countries adversarial model, the police and the general security details play the role of collecting the evidence which further evaluated by a non partisan judge in the trial conference. In another perspective the Japanese and United States judicial body implements the inquisitorial model, to give independent prosecutor the duties and responsibilities to take over the criminal investigation (Katz, 2006).
In Japan the individual rights are protected by their constitution regarding investigation and a judicial trial stating that a person has a right to life and liberty.it thus implies that an adversarial model is derived on bases of the mistrust in the level of reliability of the available prosecution evidence.the United states has faith on the integrity levels of the entire pre-trial process that is any mistaken verdict deliver that may be termed guilt can be evaluated or avoided through a process of giving the defence to test and give their response to the evidence before a selected judge in a trial hearing (Katz, 2006).
Japanese legal tradition is a bit different from their citizens’ abiding behavior. This simply means that the legal tradition is too complex to be understood by a regular citizen hence calls for the assistance from an law expertise. Citizens’ law abiding behavior is the rule set to guide the people order too coexist in harmony with breach interfering with other peoples personal life and properties (Katz, 2006).
In Japan these are facilitated by the legal traditions by ensuring that all legal formalities and procedures The main difference of the legal traditions United States to that of Japan is that in the United State it is a part of a commercial set of life to resort to a given law suit whereas such a practice in Japan is viewed as a shameful act which may result to a severe loss of a good reputation.it is also evident in instance of conducting contracts whereby the Japanese rule for contract law are different from that of the united state.
References
Katz, A. N. (2006). Legal traditions and systems: an international handbook (4 ed.). New York: Greenwood Press.
