Despite a popular notion, more thorough implementation of Japanese criminal justice policies in the US would not result in the extremely low crime rate that Japan experiences. This is for the reason that the cultures and lifestyles of these places differ far too greatly. The Japanese criminal justice system actually reflects its American counterpart greatly, which is widely unknown by those who make comparison (Castberg 1990: 1-2). However, the Japan we see today has been shaped by centuries of traditions and religious law through Empirical rule. The United States, however, was formed quite recently relative to the long history of Japan, and as such has developed a culture of vast difference. The "newer" American culture has created a criminal justice system devoid of religion and ancient practice through Constitutional obligation. America also tends to be more liberal and tailored for the individual, the total opposite of the overall Japanese mindset. Therefore, a system structured more upon the practices of the Japanese could never yield the same results in the US as in its country of origin.

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Today, Japan's judicial system, drawn from customary law, civil law, and Anglo-American common law, consists of several levels of courts, with the Supreme Court as the final judicial authority. The Supreme Court has the right of judicial review. The Cabinet appoints judges for 10-year terms, which can be renewed until judges reach the age of 65. Justices of the Supreme Court can serve until the age of 70 but face periodic review through popular referendums. There are several levels of courts, including high courts, district courts, family courts, and summary courts, with the Supreme Court serving as the highest judicial authority. Normally a trial begins at the district court level, and a verdict may be appealed to a higher court, and ultimately, to the Supreme Court.

After Japan's failure to establish an empire in World War II (1935-1944), the western world stepped in to ensure that such a thing could never be attempted again. With the exception of allowing the emperor to remain in power as a figurehead, most of Japan's government was radically changed. The Diet became a parliamentary body. The constitution of 1889 was thrown out and a new one written. When it was decided that the judiciary was to become independent, specific provisions regarding criminal procedure were drafted. They are as follows:

Article 33. No person shall be apprehended except upon warrant issued by a competent judicial officer that specifies the offence, unless apprehended while committing the crime.

Article 32. No person shall be denied rights to access the courts.

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