8 ms·
Arguably, the flip side is that you're not prosecuted unless they're near certain they can nail you.
by glandium 9y ago
Arguably, the flip side is that you're not prosecuted unless they're near certain they can nail you.
- mc32 9y agoI think that is of very little consolation for two reasons: 1. People don't get murdered, instead they die of "heart attacks," or they "accidentally fell down a stairwell" and the perp goes free. 2. They can keep you detained without representation for quite some time, in the meantime you are worn down physically and psychologically till you just want to make it "go away" so you sign a "confession" letter.
- bitwize 9y agoYou seem to be confusing Japan with the United States.
- mc32 9y agoI'd suggest you read up about how the legal system works in Japan before you blurt out a facile quip: Confessions[1] and other unpleasantness[2]. [1]http://www.aljazeera.com/indepth/features/2016/10/japan-forced-confessions-wrong-convictions-161010084400226.html http://www.aljazeera.com/indepth/features/2016/10/japan-forc... [2]https://gaijinass.com/2011/01/02/7-brutal-realities-regarding-arrest-in-japan/ https://gaijinass.com/2011/01/02/7-brutal-realities-regardin...
- nihonde 9y agoDubious sources, to say the least. This dumb conversation pops up every single time the Japanese criminal justice system comes up, and no one has a decent source--say for example, something in Japanese. First of all, the conviction rate in the US is 85+% last time I checked. Secondly, Japanese suspects confess. The theory is that they're coerced, but that requires one to accept a lot of speculation about the psychological impact of prolonged interrogations. Finally, the police in Japan are essentially invisible, so you need to be suspicious to even be on their radar. If you attract that kind of attention, you don't belong here, and they're going to let you know. It may not be what you want to hear, but that's just how it works here. It's the same everywhere else. In America, you can drive a BMW with New York plates from New Orleans to Los Angeles, and if you get pulled over, good luck to you.
- stupidcar 9y agoDo you consider Amnesty International to be a decent source? https://www.amnesty.org/en/latest/news/2012/11/japan-end-abusive-detention-system-after-murder-conviction-quashed/ https://www.amnesty.org/en/latest/news/2012/11/japan-end-abu...
- nihonde 9y agoIn a word: no. Japan has a different attitude toward civil rights than the west. Can anyone point to source from within Japan?
- jessaustin 9y agoJapan has a different attitude toward civil rights than the west. That's what this thread is about, isn't it?
- nihonde 9y agoNo. There are serious and so far unfounded allegations of coercion of suspects and witnesses in this thread. That's not what I meant by "a different attitude toward civil rights".
- jessaustin 9y agoIt almost seems that you're trying to have it both ways. Routinely conducting three weeks (or whatever period) of ceaseless interrogation is as bad for civil rights as it is for actually finding the truth in an investigation. Either tell us that such practices are fine because cultural differences, or tell us convincingly that they don't actually happen. Pick one.
- mchaver 9y agoThe conviction rates are available in English and Japanese provided by the Ministry of Justice. Wikipedia in Japanese - Criminal Trial Judgements (判決確定数 - number of judicial decisions, 有罪 - guilty, 無罪 - not guilty) https://ja.wikipedia.org/wiki/%E6%97%A5%E6%9C%AC%E3%81%AE%E5%88%91%E4%BA%8B%E5%8F%B8%E6%B3%95#.E5.88.91.E4.BA.8B.E8.A3.81.E5.88.A4.E3.81.AE.E5.88.A4.E6.B1.BA.E7.A2.BA.E5.AE.9A.E6.95.B0.E3.81.AE.E7.A8.AE.E9.A1.9E.E5.88.A5.E3.81.AE.E5.86.85.E8.A8.B3 https://ja.wikipedia.org/wiki/%E6%97%A5%E6%9C%AC%E3%81%AE%E5... At the bottom of the table it links all the data to http://hakusyo1.moj.go.jp http://hakusyo1.moj.go.jp Looks pretty unofficial but that is Japan Ministry of Justice website and is linked by the more official looking one http://www.moj.go.jp/housouken/houso_hakusho2.html http://www.moj.go.jp/housouken/houso_hakusho2.html Ministry of Justice White Papers in English http://hakusyo1.moj.go.jp/en/nendo_nfm.html http://hakusyo1.moj.go.jp/en/nendo_nfm.html Judgement rates 2005-2014 in English http://hakusyo1.moj.go.jp/en/64/nfm/n_64_2_2_3_1_0.html http://hakusyo1.moj.go.jp/en/64/nfm/n_64_2_2_3_1_0.html
- PhasmaFelis 9y agoGod knows the US has problems, but it baffles me why people assume we're the only source of evil in the whole world.
- refurb 9y agoTalk poppy syndrome? I've spent time living both in the US and outside of it. Yes, the US has unique problems it's dealing with, but jeeze so does every other country. I'm always shocked when people paint the US as some sort of hellhole. I just assume these are people without first hand experience.
- lovemenot 9y agoTall poppy syndrome? >> I've spent time living both in the US and outside of it Me too. I invite you to spend one day reading and watching global stories and deliberately replacing the words "USA" (implicit or explicit) with "Australia" or any other country of your choice. You'll come to realise the extent of USA's cultural importance when you are reading so much about "Australia". You'll begin to wonder why we seem to care so much. Love or loathe USA, we are fixated on this one country. I believe this is all to the advantage of most Americans now, but that advantage is declining.
- Qwertious 9y agoPeople care about the USA so much because it has massive amounts of pressure that it exerts on everyone else. Point in case: the Iraq War.
- DanBC 9y agoThose other countries tend not to bomb anyone else to give them the gift of democracy. If a country sets itself up as a bastion of freedom they're going to be scrutinised when they fail to meet the standards they set for themselves.
- PhasmaFelis 9y ago
- namlem 9y agoThey can keep you two weeks (as opposed to two days in the US) without filing charges. As long as you don't confess, they won't actually bring charges unless they have compelling evidence.
- glandium 9y agoI think it's 48 hours in Japan too.
- mc32 9y agoIt's 23 days according to[1] which in an unheated (or conversely uncooled) cell along with "confess even if you didn't do it, it will make it easier" spiel can be hard to withstand. [1]http://japan.embassy.gov.au/tkyo/arrests.html http://japan.embassy.gov.au/tkyo/arrests.html
- joecool1029 9y agoCall me skeptical regarding being held without charge in Japan. I know of a certain infamous French national that was held for months without charge there. [1]. The loophole I guess was adding a second charge when the first 'grace period' expired. [1]http://www.bbc.com/news/business-34217495 http://www.bbc.com/news/business-34217495
- elmigranto 9y ago> held without charge > adding a second charge Okay.
- glandium 9y agoMy bad, I misremembered, the base is actually 3 days (72 hours, that's the number I actually knew, but I mixed up with something else), and can be prolonged for 10 days by prosecution if a judge allows it, and can be prolonged for 10 more days after that, again validated by a judge. After that, the detainee needs to be either charged or released. Supposedly, the extensions are for cases where there is risk of destruction of evidence or disappearance. Wikipedia cites some (old, 1987) numbers that 85% of arrested detainees were kept for longer than 72 hours and more than a third were held without charge for longer than ten days. Interestingly enough (having now done some minimal research), for terrorism cases, you can be detained up to 28 (!) days without a charge in the UK. https://www.liberty-human-rights.org.uk/sites/default/files/comparative-law-study-2010-pre-charge-detention.pdf https://www.liberty-human-rights.org.uk/sites/default/files/...
- petre 9y agoA judge can keep you jailed in the US indefinitely for contempt of the court. See the Martin Armstrong case.
- mc32 9y agoExceptions, exceptions. We're talking routine procedure in Japan --which I love btw., but you gotta face the reality of how the justice system works.
- BearGoesChirp 9y agoIn which case the routine in the US is to over charge them, hold them without bail (by ensuring bail is too high for them to be able to pay), and scare them into taking a plea deal. And isn't a plea deal a kind of confession?
- mc32 9y agoYeah, I'm sorry mate, you're absolutely right. There is no problem in Japan as it regards civil rights. It's my mistake. Obviously these problems only exist in the US so, while we are specifically talking about judicial issues in Japan, it's beside the point because there are no issues here.
- BearGoesChirp 9y agoMy point was that both systems are similar in coercing a plea deal, but do so through different means. They are also similar it outcomes when you count in plea deals and not just court cases that got to trail. This was to point out that the systems like have a common flaw creating a common problem. This was said in response to other comments, not as a top level comment. So, did you really interpret me as saying Japan didn't have a problem? Is there somewhere where I could clarify my stance (a bit too late to edit the post now, but for future reference)?
- oelmekki 9y agoWhich are traits you find just as is in a dictature. Do you have evidences supporting this claim?
- ekianjo 9y agoIf a woman says you touched her in the train, the police can detain you as long as 10 days even if you did not do anything, and they will try as hell to make you admit you did it, and in any case your life is ruined since you will lose your job in the process. Hardly a good system to protect innocents from being convicted.
- lovemenot 9y ago... and yet very few are actually convicted here, compared with almost any other developed country[1]. True, there's a lot of discretion in the Japanese prosecutorial system. Ditto USA. A big difference is that in Japan this discretion is mostly wielded judiciously. Crime rate is also extremely low in Japan. I don't have evidence that the legal system is the reason, but I believe it's a significant contributing factor. So where are all these righteously aggrieved innocents you worry about? They don't seem to show up in the stats. [1] https://en.wikipedia.org/wiki/List_of_countries_by_incarceration_rate https://en.wikipedia.org/wiki/List_of_countries_by_incarcera... tldr: {jp:47, uk:163, us:693}
- ekianjo 9y agoYou picked a particular bad timing to make your comment. It's all over the press in japan now: http://biz-journal.jp/2017/06/post_19335.html http://biz-journal.jp/2017/06/post_19335.html There are numerous cases of false allegations, and recently one guy who was being chased by the police despite claiming his innocence (and all his close friend and co-workers said that was not the kind of guy to do this) just fell to his death while trying to escape this situation.
- mcguire 9y ago"Japan's police see no evil" "Only 6.3% of the unnatural deaths in Aichi [prefecture] are investigated by a medical examiner, a minuscule rate even by nationwide standards in Japan, where an autopsy is performed in 11.2% of cases." http://articles.latimes.com/2007/nov/09/world/fg-autopsy9 http://articles.latimes.com/2007/nov/09/world/fg-autopsy9
- tajen 9y agoThe interrogation period is 23 days. The conviction rate after interrogation is 99.98%. It's not a made-up number: Only 15 people walked away free in 2015 after interrogation. Assuming that the police arrests the correct persons with 99.98% accuracy would be immensely harmful for democracy – Please lookup for testimonies if those 2 figures didn't already make you doubt about Japan's police system.
- glandium 9y agoDo you have sources for that? http://hakusyo1.moj.go.jp/en/64/nfm/n_64_2_2_2_2_0.html#table_2_2_2_3 http://hakusyo1.moj.go.jp/en/64/nfm/n_64_2_2_2_2_0.html#tabl... has some data about the number of cases that are prosecuted and that's way lower than 99.98%, but that's not limited to people interrogated. But indeed, if you look at the data for cases that go to court, the conviction rate is high. http://hakusyo1.moj.go.jp/en/64/nfm/n_64_2_2_3_1_0.html http://hakusyo1.moj.go.jp/en/64/nfm/n_64_2_2_3_1_0.html But that was my point in GP.
- jpatokal 9y agoThat's the conviction rate after going to trial. Prosecutors can and do drop charges if they don't think they have enough evidence to convict, and the police are also reluctant to record crimes they don't think they can solve.
- mcguire 9y agoCouple a strangely high conviction rate with a weirdly low crime rate, and you have reason to think something is off about the country's justice system.
- paulmd 9y agoI would assume that such figures studiously ignore criminal syndicates like the Yakuza. With apologies to Terry Pratchett: Japan's philosophy is that if you're going to have crime, at least it should be organized crime. My fiance did a high-school exchange in Japan and mentioned that people with tattoos weren't welcome at onsen because that usually means Yakuza in Japan, and businesses want to steer clear of all of that. If businesses are making rules like that, it's pretty clearly a non-trivial issue.
- vanderZwan 9y agoBeing certain they can nail you is not at all the same as being certain that you're guilty. For example, they can nail you by getting a confession out of you, regardless of whether you did it: > Finally, there is the prevalence of confessions. Ever notice how so many of Nick's clients have already confessed to crimes by the time he takes on their case? Known as "the king of evidence" by the Japanese system, confessions obtained in custody by prosecutors and police are the basis of the majority of convictions. Few rules govern what goes on in a Japanese interrogation room. Suspects are held for long periods before being charged or brought to trial, and the law offers them little protection. Critics argue that the system is open to abuse, and that false confessions are often extracted through coercion. > Take the case of Toshikazu Sugaya. He matched the profile and blood type of a child murderer, but the police lacked any evidence. "They barged in and told me to sit down," recalls Sugaya. "Then they kept saying, 'You killed that kid, didn't you?' I said 'No, no,' but they didn't believe me." After a 13 hour interrogation without food, water, or a lawyer, Sugaya confessed. Armed with this confession, the prosecution successfully convicted him and he was sentenced to life in prison. It would be nearly 18 years before modern DNA evidence would completely exonerate him. http://www.escapistmagazine.com/articles/view/video-games/issues/issue_253/7530-Phoenix-Wright-s-Objection http://www.escapistmagazine.com/articles/view/video-games/is... That's right, Phoenix Wright is probably a form of social criticism disguised as a game.