Japan and USA Justice System
Strengths and Weakness in Japan Justice System As Compared To USA
The Japan and USA court systems differs a lot especially on matters to do with criminal justices. The Japanese court system has strength in that; it has a special division within general courts contrary to what is in the USA system, which has special court with exclusive jurisdiction over crime like patents. The major strength in Japan over USA court system here is that, Japanese special divisions do not only address patent cases but also trademarks and copyrights issues. The Japanese courts system second strength is in its effort to use expertise. In US, there are difficulties in trial court to adjudicate complex patents issues. Because of lacking expertise, district court judges choose to apply a trial and listen to witnesses, rather than resolving allegations before the trial. In Japanese system, the expertise judge’s handles issues to do with patents and resolve both legal and factual matters. The patent examiners who help in interpreting complex maters assist the Judges.
Weaknesses found in Japanese courts are; in Japan, juries do not decide the judges who are rotated in the courts hear any case and both the legal and civil proceedings. This increases the workload of a Judge bringing into place the second weakness of slowness of justice to the plaintiffs. In most cases, the local Japan and US industries operating in Japan have complained of slow and insufficient relief rendered by Japanese courts, contrary to US.
To solve issues of doubling judges’ workload, Japanese should implement a system where the court clerks would be assisting judges and abolish the rotation system of judges. In US case, the courts should allow the expertise in certain field participate instead of relying on expertise from witnesses.
Policymakers should advocate for rehabilitative approach rather than prisons. This would lower crime rates in society since the rehabilitation centers would aim at enlightening and empowering victims with skills to earn a living legally.