IDEAS home Printed from https://ideas.repec.org/a/ucp/jlstud/v30y2001i1p53-88.html
   My bibliography  Save this article

Why Is the Japanese Conviction Rate So High?

Author

Listed:
  • Ramseyer, J Mark
  • Rasmusen, Eric B

Abstract

Conviction rates in Japan exceed 99 percent. Because Japanese judges can be penalized by a personnel office if they rule in ways the office dislikes, perhaps they face biased incentives to convict. Using data on the careers and opinions of 321 Japanese judges, we find that judges who acquit do have worse careers following the acquittal. On closer examination, though, we find that the punished judges are not those who acquit on the ground that the prosecutors charged the wrong person. Rather, they acquit for reasons of statutory or constitutional interpretation, often in politically charged cases. Thus, the apparent punishment seems unrelated to any pro-conviction bias at the judicial administrative offices. We suggest an alternative explanation: the high conviction rates reflect case selection and low prosecutorial budgets; understaffed prosecutors present judges with only the most obviously guilty defendants. Copyright 2001 by the University of Chicago.

Suggested Citation

  • Ramseyer, J Mark & Rasmusen, Eric B, 2001. "Why Is the Japanese Conviction Rate So High?," The Journal of Legal Studies, University of Chicago Press, vol. 30(1), pages 53-88, January.
    • Handle: RePEc:ucp:jlstud:v:30:y:2001:i:1:p:53-88
    DOI: 10.1086/468111
    as

    Download full text from publisher

    File URL: http://dx.doi.org/10.1086/468111
    Download Restriction: Access to the online full text or PDF requires a subscription.
    File URL: https://libkey.io/10.1086/468111?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    As the access to this document is restricted, you may want to look for a different version below or search for a different version of it.

    Other versions of this item:

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. J. Mark Ramseyer & Eric B. Rasmusen, 2001. "When are Judges and Bureaucrats Left Independent? Theory and History from Imperial Japan, Postwar Japan, and the United States," CIRJE F-Series CIRJE-F-126, CIRJE, Faculty of Economics, University of Tokyo.
    2. Mongrain, Steeve & Roberts, Joanne, 2009. "Plea bargaining with budgetary constraints," International Review of Law and Economics, Elsevier, vol. 29(1), pages 8-12, March.
    3. Nakao Keisuke & Tsumagari Masatoshi, 2012. "Discretionary vs. Mandatory Prosecution: A Game-Theoretic Approach to Comparative Criminal Procedure," Asian Journal of Law and Economics, De Gruyter, vol. 3(1), pages 1-14, October.
    4. Padovano, Fabio & Fiorino, Nadia, 2012. "Strategic delegation and “judicial couples” in the Italian Constitutional Court," International Review of Law and Economics, Elsevier, vol. 32(2), pages 215-223.
    5. Eric Rasmusen & Manu Raghav & Mark Ramseyer, 2009. "Convictions versus Conviction Rates: The Prosecutor's Choice," American Law and Economics Review, American Law and Economics Association, vol. 11(1), pages 47-78.
    6. Nobert Osemeke & Louis Osemeke, 2017. "The role of auditors in the context of Nigerian environment," International Journal of Disclosure and Governance, Palgrave Macmillan, vol. 14(4), pages 299-317, November.
    7. Huang, Kuo-Chang & Chen, Kong-Pin & Lin, Chang-Ching, 2010. "Does the type of criminal defense counsel affect case outcomes?: A natural experiment in Taiwan," International Review of Law and Economics, Elsevier, vol. 30(2), pages 113-127, June.
    8. Christmann, Robin, 2018. "Prosecution and Conviction under Hindsight Bias in Adversary Legal Systems," MPRA Paper 84870, University Library of Munich, Germany.
    9. Pushkar Maitra & Russell Smyth, 2004. "Judicial Independence, Judicial Promotion and the Enforcement of Legislative Wealth Transfers—An Empirical Study of the New Zealand High Court," European Journal of Law and Economics, Springer, vol. 17(2), pages 209-235, March.
    10. Fiorino, Nadia & Gavoille, Nicolas & Padovano, Fabio, 2015. "Rewarding judicial independence: Evidence from the Italian Constitutional Court," International Review of Law and Economics, Elsevier, vol. 43(C), pages 56-66.
    11. Manu Raghav, 2006. "Why do budgets received by state prosecutors vary across districts in the United States?," CAEPR Working Papers 2006-018, Center for Applied Economics and Policy Research, Department of Economics, Indiana University Bloomington.
    12. Martin Schneider, 2005. "Judicial Career Incentives and Court Performance: An Empirical Study of the German Labour Courts of Appeal," European Journal of Law and Economics, Springer, vol. 20(2), pages 127-144, September.
    13. Lars P. Feld & Stefan Voigt, 2004. "Making Judges Independent – Some Proposals Regarding the Judiciary," CESifo Working Paper Series 1260, CESifo.
    14. repec:clg:wpaper:2009-05 is not listed on IDEAS
    15. Boylan, Richard T, 2004. "Salaries, Turnover, and Performance in the Federal Criminal Justice System," Journal of Law and Economics, University of Chicago Press, vol. 47(1), pages 75-92, April.
    16. Fiorino, Nadia & Gavoille, Nicolas & Padovano, Fabio, 2015. "Rewarding judicial independence: Evidence from the Italian Constitutional Court," International Review of Law and Economics, Elsevier, vol. 43(C), pages 56-66.

    More about this item

    JEL classification:

    • D23 - Microeconomics - - Production and Organizations - - - Organizational Behavior; Transaction Costs; Property Rights
    • D73 - Microeconomics - - Analysis of Collective Decision-Making - - - Bureaucracy; Administrative Processes in Public Organizations; Corruption
    • D78 - Microeconomics - - Analysis of Collective Decision-Making - - - Positive Analysis of Policy Formulation and Implementation
    • H11 - Public Economics - - Structure and Scope of Government - - - Structure and Scope of Government
    • J44 - Labor and Demographic Economics - - Particular Labor Markets - - - Professional Labor Markets and Occupations
    • K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law
    • N45 - Economic History - - Government, War, Law, International Relations, and Regulation - - - Asia including Middle East

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:ucp:jlstud:v:30:y:2001:i:1:p:53-88. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Journals Division (email available below). General contact details of provider: https://www.journals.uchicago.edu/JLS .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.