4 ms·

80% in the UK vs 99% in Japan https://en.m.wikipedia.org/wiki/Conviction_rate https://en.m.wikipedia.org/wiki/Conviction_rate

dmix 7y ago
Most criminal defence attorneys will admit that the most of the people they work with are guilty. It’s just how the police and justice system works when you get caught and what cases go forward. But 99% will always be insane and a giant red flashing light indicator of something is wrong. At least 5-10% of people get off on technical details the police or prosecutors messed up or just good lawyering of guilty people. The rest the cases fall apart before trial because of witnesses or other evidence and turns of events. (I’m pulling these numbers out of my ass just to make a point). The problems in Japan are with the due process and a serious lack of rights of the accused. Even if we completely ignore the conviction rates.
- peteretep 7y ago
  I’ve read a competing theory of Japan which says prosecutors are so over-worked they only go through with cases they know they’ll win. I wonder how one would decide? In the UK, the CPS only prosecute cases with “a reasonable chance of conviction”, which I guess means they essentially choose the conviction rate they’re aiming for?
  - dmix 7y ago
    That sounds like the same bullshit line that the FISA courts give their 99%+ approval rating for domestic surveillance warrants. We saw how that works in practice recently with that FBI report where the judges were basically yes men trusting everything the FBI told them without even basic scrutiny... The Japanese system is more on the input end regarding due process and rights to counsel.
  - breatheoften 7y ago
    I think it’s impossible to decide which of two criminal justice systems is “better” knowing only the conviction rate of both. Asking people to do this or placing them in a position where they are likely to is asking them to commit to finding flawed reasoning to support their own biases — and probably has an enhancing effect on those biases.

dmix 7y ago

Most criminal defence attorneys will admit that the most of the people they work with are guilty. It’s just how the police and justice system works when you get caught and what cases go forward. But 99% will always be insane and a giant red flashing light indicator of something is wrong. At least 5-10% of people get off on technical details the police or prosecutors messed up or just good lawyering of guilty people. The rest the cases fall apart before trial because of witnesses or other evidence and turns of events. (I’m pulling these numbers out of my ass just to make a point). The problems in Japan are with the due process and a serious lack of rights of the accused. Even if we completely ignore the conviction rates.

peteretep 7y ago
I’ve read a competing theory of Japan which says prosecutors are so over-worked they only go through with cases they know they’ll win. I wonder how one would decide? In the UK, the CPS only prosecute cases with “a reasonable chance of conviction”, which I guess means they essentially choose the conviction rate they’re aiming for?
- dmix 7y ago
  That sounds like the same bullshit line that the FISA courts give their 99%+ approval rating for domestic surveillance warrants. We saw how that works in practice recently with that FBI report where the judges were basically yes men trusting everything the FBI told them without even basic scrutiny... The Japanese system is more on the input end regarding due process and rights to counsel.
- breatheoften 7y ago
  I think it’s impossible to decide which of two criminal justice systems is “better” knowing only the conviction rate of both. Asking people to do this or placing them in a position where they are likely to is asking them to commit to finding flawed reasoning to support their own biases — and probably has an enhancing effect on those biases.