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> During detention, both were subject to extensive questioning by prosecutors without an attorney present. Videotapes of Ghosn’s questioning — a new feature add
by noego 7y ago
> During detention, both were subject to extensive questioning by prosecutors without an attorney present. Videotapes of Ghosn’s questioning — a new feature added in the Criminal Procedure Reform law in 2016 in direct response to documented abuses — were made available to his attorneys who were present at the detention center, but lawyers were not permitted in the room where questioning took place.
> The system must change.
> First, every suspect should have the right to consult a lawyer as soon as the case is in the hands of prosecutors, and questioning should be prohibited in the absence of an attorney.
The article makes no attempt whatsoever to explain why the above change "must" be made. I'm on the fence on this matter, but the article just sounds like a sanctimonious scolding of Japan for not doing what other Western countries are doing.
"We're all doing it, so you better do it too" isn't a particularly compelling argument. In fact, given how much more effective their criminal Justice system is compared to America's, I would err on the side of keeping up their good work.
- stcredzero 7y ago"We're all doing it, so you better do it too" isn't a particularly compelling argument. That's not the argument. The real argument is from principle. The principle of inherent human rights.
- noego 7y agoHaving a lawyer present while being questioned as an "inherent human right"? Why is that? Why not your parents, spouse, children and best friend as well? I don't recall seeing this anywhere in the Universal Declaration of Human Rights. By what reasoning have you decided that having a lawyer present is an "inherent human right"?
- stcredzero 7y agoIt's a part of due process. One underlying principle or right would be along the lines of Presumption of innocence. There are all sorts of non-obvious shenanigans which the authorities can pull, otherwise, which given the authorities the unchecked power to pressure or harass individuals. Obviously, that is against individual human rights.
- noego 7y agoThey can and should video record the entire questioning process. If the suspect is abused in any way, the video can be used to punish the culprits. If the police use any illegal tactics to coerce a confession, it can simply be ruled inadmissible. I have yet to hear an explanation on why the lawyer needs to physically be in the room during the questioning.
- djrogers 7y ago> In fact, given how much more effective their criminal Justice system is compared to America's, I would err on the side of keeping up their good work. When a society justifies human rights abuses based on results, bad things tend to happen.
- noego 7y agoBeing questioned by the police without a lawyer being present, is a "human rights abuse"? I have yet to hear an explanation on why being questioned 1:1 by the police is so bad.