|授業科目名||特殊講義Ⅱ(Comparative Criminal Law and Criminal Procedure)（B）|
Each participants should have understanding on administration of criminal justice, criminal law and procedure of your own country,which forms basis of comparison.
Constitutional course has close relationship with this course.
(1) In this criminal procedure phase, students would be lead to familiarize themselves with the current criminal system and administration against the background written above and learn the basics of the Japanese justice system.
(1) Outline of the criminal procedure
This is an introductory course for the students to step into the law of Japanese criminal procedure. Japan has in a sense a unique background of law in general, i.e. it has always been influenced by foreign legal systems starting with Chinese one, then by European systems such as French and German, and then by Anglo-American ones after WWII. Against this historical background, some topics of interest will be picked up and discussed. I also want some discussion going on during the class.
(2) Outline of the administration of justice
This phase describes the current practice of the Japanese criminal justice, the practice of discretionary prosecution and the sentencing in particular, and the recent development of the criminal law, especially ones regarding the protection of a victim of crimes and the legislative measures coping with organized crime.
(3) Outline of the penal law
The penal law phase of this course introduces the students to the framework of the Japanese penal law. Japanese penal law has been under strong influence of the German law. The tripartite conception of criminality and the related way of reasoning and ideas such as conceptual analysis orientation and "substantive criminality." This course will present a comparative view of the framework of the Japanese penal law. Comparison will be made mainly with common law conception of criminality, one exemplified by the Model Panel Code in particular.
1st Week: Criminal Justice System of Japan in a historical perspective
2nd Week: Police Activities; Compulsory or Non-compulsory
3rd Week: Stop and Questioning; Reduced Substantive Cause or Diminished Privacy
4th Week: Arrest and Detention & Search and Seizure
5th Week: Interrogation of a Suspect, Right to Counsel
6th Week: Amending the Charge (Indictment) and Double Jeopardy
7th Week: Search for the Truth or Due Process？
8th Week: Administration of criminal justice: prosecutorial discretion and sentencing
9th Week:Legal response to organized crime including protection of victims of crime
10th Week: Conception of criminality (Tripartite structure and bipartite one)
11 th Week: Subjective requirement and mens rea (recklessness in particular)
12 th Week Illegality and blameworthiness (or justifiability and excuse)
13th Week: Forms of criminality (principal, accomplice and organized crime)
14th Week: Summarization (and special presentations by the students if possible)
* The class schedule can be changed before the actual start of this class as this syllabus has to be turned in in January 2019, January, too early for the fall term class.
The students are required to present an assignment for each phase of the course by the passage of two weeks after the end of each. Its topic and requirements will be announced by each instructor in class.
The reports occupy 70% of grading and evaluation.
Attendance and discussion in classes will occupy 30% of grading and evaluation.
The instructors will discuss and decide a student's grade.
Students may be required to download some files from the Manaba site and read them prior to each class. Some mimeos may be handed out from time to time as is needed.
It is a must to read the handouts and then students can bring in questions they come across so that we can discuss them in class. Each student may also work on some topic they choose that relates to this course outside the class