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What does a high conviction rate have to do with this? Maybe we should turn it around and say that other jurisdictions' prosecutors are wasting money prosecutin
by ylyn 7y ago
What does a high conviction rate have to do with this? Maybe we should turn it around and say that other jurisdictions' prosecutors are wasting money prosecuting cases they are not sure of?
- ls612 7y agoIn a nation with strong rule of law and in particular a presumption of innocence and robust due process a few percent of people will get off simply because the prosecutors make mistakes (either intentional or accidental), on top of people who are actually innocent. A 99% conviction rate suggests that such protections don’t exist in the Japanese system and it is thus suspect in terms of respecting human rights.
- brianwawok 7y agoCould it also not mean that many guilty but hard to prove are let free earlier in the process? Before it goes to trial?
- andai 7y agoThe fine balance between false positives and false negatives.
- nothrabannosir 7y agoA balance ideally struck within actual court rooms, not outside it. Otherwise the prosecutors turn into judge, jury and executioner and you lose the point of the court system to begin with.
- brianwawok 7y agoIs the average Juror more educated / with a better understanding of the law than your average prosecutor? If you trust prosecutors to not be corrupt, be well trained, and do the right thing - they should be a better place to throw out flimsy cases.
- gryson 7y agoWhy is it a requirement in nations with strong rule of law that prosecutors make mistakes? This logic is baffling. Could it not simply be that prosecutors in Japan are very, very careful? Of course, as others have said, the reality is that prosecutors only go to trial if they have what they view as a guaranteed conviction, and the evidence is typically a confession.
- ls612 7y agoProsecutors make mistakes everywhere because they are human and have all of the negative traits which go along with that. With due process requirements this normally leads to dismissal of the charges or acquittals. In Japan it apparently leads to soft core torture to coerce a confession which can guarantee a conviction.
- deleted 7y ago[deleted]
- XaspR8d 7y agoThat's very fair. Anecdotally my Japan-living friends speculate it is a mix of both the (positive) effect you suggest and confessions manufactured under duress. During my travels I was advised to be particularly cautious about treating police courteously and following rules to the letter because getting arrested is a much bigger deal than elsewhere.