|授業科目名||特殊講義Ⅱ（Comparative Criminal Law and Criminal Justice①）|
|科目の目的・到達目標||The aim of this course is to have accurate and critical understanding of the basic concepts, principles and rules underlying Japanese criminal law and criminal justice system and to gain overview of its practice and recent trends from comparative perspective. At the end of the course, the students are expected to be able to demonstrate their understanding of the key features of Japanese criminal law and criminal justice system.
English will be used in this class and each students should have understanding of his or her own country's law on related topics, upon which qeustions and discussions will be made.
|授業の概要||This course deals with a framework, rationales and structures of Japanese criminal law and criminal procedure. Characteristics of administraion of criminal justice will be referred in comparison with other country. Main comparison will be between the legal system of Japan and that of the United States, in some case participants' countries' legal system will be compared with that of Japan.
In the field of administration of criminal justice, comparison between several countries would illuminte striking difference between them, which would lead to further thinking on the underlying causes of the difference and features of administration of criminal justice in Japan. In some clases we would have a foreign guest professor from other country, which will deepen our analysis.
1. Legal history of Japan and transformation of constitutional law, criminal law and criminal justice.
2. Crimes and administration of criminal justice in Japan-statistical overview
3. Substantive criminal law – due process, requirements of punishment
5. Actus reus, causation and mean rea
7. Insanity defense and its related issues
8. Arrest, post-arrest detention
10. principle of search and seizure
11. wiretapping and GPS tracking, and other investigative tools
12. stop and question
13. the exclusionary rule
15. principle of trial
* There might be slight changes on some topics above
Additional notice to graduate students:
Graduate students participating in this course are expected to compare criminal justice in Japan with that of their own country with her underlying rationale, which will give you deeper understanding of your own country as well as grasping characteristics and background of criminal justice in Japan. The comparison would lead you to further thinking on sound administration of criminal justice in her own cultural settings.
Classes are combined class with undergraduate students. However, through such comparison you could forward your own analysis on your own country in deeper manner.
performance and term report
Reports by graduate students will be reviewed in terms of correct understanding of criminal justice in Japan, your opinion, and , in case of administration of criminal justice, comparison with that of your own country.
Handouts and necessary materials will be distributed through MANABA or C-Plus (web system)
Comparison with Japanese law will be the main focus of this class and students will be recommended to review text of related laws and court's decisions, which will be noticed in advance.