7 ms·

Japan’s 99% Conviction Rate [audio]

exdsq 7y ago
I can't listen to this right now but am really interested about the title. Could you tldr the reason why the conviction rate is 99% in Japan?
- kstenerud 7y ago
  They only prosecute cases they think they can win, and then they beat and torture and sleep deprive a confession out of the suspect. If he doesn't confess, they keep him in jail for months of more torture and then convict him anyway. You generally only get out not-guilty if you pay a LOT of money to your lawyer, and even then it's a crap shoot. Also, you'll be unemployable regardless of the outcome, but it'll be much worse in society if you didn't confess, because now you're guilty and unpenitent. Of course it's much more complex in reality, but that's the gist.
  - mlvljr 7y ago
    They torture?
  - claudiawerner 7y ago
    >and then they beat and torture and sleep deprive a confession out of the suspect Horrible, and seemingly unconstitutional: "No person shall be compelled to testify against himself. Confession made under compulsion, torture or threat, or after prolonged arrest or detention shall not be admitted in evidence. No person shall be convicted or punished in cases where the only proof against him is his own confession."[0] [0] Article 38 of the Japanese Constitution: https://japan.kantei.go.jp/constitution_and_government_of_japan/constitution_e.html https://japan.kantei.go.jp/constitution_and_government_of_ja...
- frostburg 7y ago
  Somewhat authoritarian process and prosecutors dropping any case that looks hard.
- wodenokoto 7y ago
  Haven't heard BBC's angle, but usually it is explained as a mix between forcing confessions from suspects and pushing reporters of hard to solve crimes to "admit" it never happened.
  - Danieru 7y ago
    The 99% is not reports, only the percentage of cases brought to trial which the state won. The common explanation is that without plee bargains the American system would have a similar conviction rate and thus one should not be too surprised. Unless one wishes their government prosecuted more people without hard evidence. TV shows may pull exonorating evidence ou of a hat but that is not real life.
- davidwritesbugs 7y ago
  Didn't listen to podcast but from other sources I've hear there is a cultural imperative to accept the police version of events because it is 'disrespectful' to doubt their word. Given Japanese deference to authority that seems plausible.
- monkeycantype 7y ago
  tldr: a related article on the Australian ABC today claims 99.4% of all criminal cases that go to trail result in a conviction. Japanese prosecutors rely heavily on confessions, which are extracted after extended isolation and sleep deprivation. wikipedia's take: 'Many Western human rights organizations alleged that the high conviction rate is due to rampant use of conviction solely based on confession. Confessions are often obtained after long periods of questioning by police as those arrested may be held for up to 23 days.'
- laurieg 7y ago
  This article goes into detail on how the conviction rate is so high: https://www.nippon.com/en/japan-topics/c05401/order-in-the-court-explaining-japan%E2%80%99s-99-9-conviction-rate.html https://www.nippon.com/en/japan-topics/c05401/order-in-the-c...
eliaspro 7y ago
There was also a recent "Rare Earth" episode about this: "Why Every Japanese Criminal is Guilty" - https://youtu.be/IRn4xzaugbk https://youtu.be/IRn4xzaugbk
tus88 7y ago
Always funny watching the UK - where it was described that perverting the course of justice is an instrument of public policy - criticizing other countries legal systems. And bear in mind the UKs 80% (?) conviction rate occurs with a DPP that likes to "engage with risk". Whatever that means.
- mellosouls 7y ago
  This is an extremely good programme that deserves more credit than sensitivity of that sort. It's whole point is to delve neutrally into the numbers put out by different organisations to evaluate and explain the claims. Given that scrutiny of UK organisations is the norm for it, and that a 99% conviction rate is a headline figure that would more normally be associated with somewhere like North Korea and which begs explanation, it's difficult to see what the problem is here?
  - tus88 7y ago
    I'm pretty sure scrutiny of the UK system is down to about the Daily Mail and not much else. The BBC is more likely to criticize such scrutiny than engage in it itself. And you make a lot of assumptions. 99% could mean a terrible system, or one where only solid cases are pursued. 80% could mean a robust trial system, or lots of shoddy cases pursued by a risk taking, politicized prosecution system.
    - mellosouls 7y ago
      If the 99% figure has merit, that is what the programme is intended to uncover. Your point about the Daily Mail is lost on me - perhaps you could point to an alternative podcast on statistics that does a less biased job, so I can see the same nationalist perspective as you are seeing, and understand the value of your objection?
      - tus88 7y ago
        And as I said, it's always funny watching the UK scrutinize other countries legal systems while internal scrutiny is limited to news outlets that aren't so tightly connected to the state (or literally is state propaganda like the BBC). But boy, when such scrutiny does occur the atrocities it uncovers leaves people scratching their heads at the supposed "envy of the world".
deleted 7y ago
[deleted]
mellosouls 7y ago
This is a BBC programme so should probably link to the BBC page: https://www.bbc.co.uk/programmes/p080pgdy https://www.bbc.co.uk/programmes/p080pgdy
- lifeisstillgood 7y ago
  Thanks - but getting that original link is harder in my apple podcast app. at least with only one thumb free...
fiblye 7y ago
It's strange how Japan gets so much attention for this. It's about the same in every country. According to Wikipedia: >In Canada, the national conviction rate is about 97%. This does not include cases in which the charges are dropped, which comprise about one-third of criminal cases. Absent Quebec, the province with the lowest conviction rate, the figure is 99%. If a country has a low conviction rate, it could be because cops are arresting lots of innocent people. It could be because courts are being bribed and letting people go. High conviction rates can mean anything from police only arresting people when they know a person is guilty, to them picking up anyone off the street and throwing them away without a fair trial. Percentage alone, generally, isn't something worth looking into.
- stupidcar 7y ago
  Seriously? The linked audio is only 9 minutes long, and it addresses this exact point. The Wikipedia figure for Canada is wrong. The straight acquittal rate is ~3%, but the other 97% are not convictions, only about 60% are. They also interview a professor who authored a book on the Japanese justice system who explains why the conviction rate is so high. It turns out we can answer questions like this without relying on uninformed guesses by HN commenters. Amazing.
  - skissane 7y ago
    > The Wikipedia figure for Canada is wrong. The straight acquittal rate is ~3%, but the other 97% are not convictions, only about 60% are. I've observed what happens in Australia (wasn't me personally, but someone I know). Charged with a crime for which the evidence was rather weak/debatable. His family could afford a good barrister and expert witnesses. As soon as the defence expert witness finishes demolishing the prosecution's case from the witness stand, the prosecution move for the case to be dismissed. It was very obvious that if he had been a poor person, whose family couldn't afford to pay many $10,000s on good lawyers and expert witnesses, the prosecution would have won the case. But I think that's their technique. Charge lots of people, some of whom are well-resourced enough to cast doubt on the prosecution's case, others are not. Fold against the former, win against the later. So long as they get enough of the later and not too much of the former, pat themselves on the back for meeting their targets.
thaumasiotes 7y ago
Note that the US conviction rate is similar. See e.g. https://www.nytimes.com/2012/03/23/us/stronger-hand-for-judges-after-rulings-on-plea-deals.html https://www.nytimes.com/2012/03/23/us/stronger-hand-for-judg... > [In 2009,] 97 percent of federal cases and 94 percent of state cases end in plea bargains, with defendants pleading guilty in exchange for a lesser sentence.
- matsemann 7y ago
  I wonder how many innocent plead guilty in a plea bargain, just because they don't have the resources to fight the charges. Quite perverse incentives.
  - elfexec 7y ago
    > I wonder how many innocent plead guilty in a plea bargain Probably a lot more than we'd like to admit. > just because they don't have the resources to fight the charges. It's not just that they don't have the resources. It's also a matter of risk assessment because a jury can be fickle. Lets say you have 20% chance of conviction and 80% chance of acquittal. The prosecutor offers you a plea deal for 1 year ( you get out in 6 months with good behavior ). If you choose to go to trial, the prosecutor says he is going to charge you with everything he can and if found guilty, you go to prison for 25 years. What do you do? You have 20% chance of spending quarter century in prison. Or you have 100% chance of 6 months ( 1 year at the max )? I think most people would choose the latter. > Quite perverse incentives. In a way. The system incentivizes plea deals because the prosecutor doesn't want to lose cases. So he only wants to try cases that are open and shut and go the plea deal route with the rest.
  - vanniv 7y ago
    Very many. Jury trials are expensive as fuck, and you don't get a penny of it back if you win. The most common offenses charged are less-serious things like DUI, where first offenders are likely to receive penalties like a fine, maybe a very short community service, and probation. If you go to trial, you always might lose, and you will pay $50k of legal fees. If the prosecutor offers you a $10k fine, what're you going to do? Even if you could raise the $50k -- of you go to trial and lose (which is always possible), you are likely to get close to the maximum penalty for having fought.
torgian 7y ago
I find this interesting because a former coworker was in jail for about ten days. He was released due to no charges being pressed. Thing is, he’s a foreigner, and he hasn’t said anything about how he was treated. Afaik he’s still in the country looking for work. So maybe it’s different for foreigners ( I wouldn’t he surprised if that’s the case )
olingern 7y ago
Current resident of Tokyo. Can be a little scary when getting randomly searched. I could argue, but my Japanese is intermediate and the police are always right. A youtuber interviewed a trial lawyer [1] last year and I thought it was really good. I wasn't aware that the holding days could be extended for each crime that you "commit." There's an entire scheme to this: 3 days - initial detainment 10 days - judge determines whether you can be charged or not 10 days - possible extension. If you commit two crimes, that could be up to 46 days in detainment. Basically, don't come to Japan and do anything questionable and everything should be fine. In the unlikely event you're in the wrong place at the wrong time, you should know how to wield Japanese well to try to get yourself out of it. On the other hand, I watched an interaction between a couple of foriegners and the police one day. They were drinking in the park one day (legal and common) and the police were called on them for unknown reasons. After the police arrived, they basically told the police to go away for an hour and refused to show their resident's card (both also legal). Backups and backups of backups were called and eventually they dispersed. I think this is a good example of how there is a lot of restraint with regards to police here. I believe in most other countries jail would have been imminent out of disrespect. The thing about Japan is that once you're caught up in the system, it has no mercy. 1 - https://www.youtube.com/watch?v=r1ZLGqL1FMo&vl=en https://www.youtube.com/watch?v=r1ZLGqL1FMo&vl=en
- fiblye 7y ago
  >refused to show their resident's card (both also legal) Do you mean legal residents, or not showing their ID is legal? Because if police ask for a foreigner's resident card, they have to present it. [1, Q41] [1] http://www.immi-moj.go.jp/newimmiact_1/en/q-and-a_page2.html http://www.immi-moj.go.jp/newimmiact_1/en/q-and-a_page2.html
  - olingern 7y ago
    You are required to show your card to police when they suspect there is a crime. You can refuse by asking if there is a reason to believe there was a crime and if this is a "professional inquiry" If yes, they must provide the reason. [1] At that point, you may have to show them your card depending on the circumstances. They may leave you alone, however. My experience: I was once taking photos in a dark alley for some cyberpunk type shots around 9 p.m. I was approached by two officers who asked, "What are you doing here?" Kind of a trick question, because then they said, "Oh, you speak Japanese. Do you have your resident's card?" I complied here because of the optics. After complying to show my card, my bag and me were fully searched which I was not okay with. After that I experience, I became well acquainted with my rights because, at that time, I did know them well. 1 - https://www.japantimes.co.jp/community/2014/04/02/issues/rights-can-protect-against-fake-cops/#.XiQyMmaRVhE https://www.japantimes.co.jp/community/2014/04/02/issues/rig... [1]'s source / reference: http://www.debito.org/shokumushitsumon.html http://www.debito.org/shokumushitsumon.html
deleted 7y ago
[deleted]
totalZero 7y ago
I wonder if there are PR firms that have been hired by high-profile individuals to disparage the Japanese justice system.
- Danieru 7y ago
  Indeed, perhaps individuals with large volumes of undeclared earnings one might wonder.
MrDrDr 7y ago
Interesting programme. I guess the policy of a country - and it’s conviction rate - needs to balance the risk of innocent people jailed against the guilty walking free. I presume different countries legislate according to which they find more acceptable.
narrator 7y ago
India, on the other hand, has a low conviction rate: https://en.wikipedia.org/wiki/Conviction_rate#India https://en.wikipedia.org/wiki/Conviction_rate#India "The national conviction rate in India for offences of the Indian Penal Code is around 46%. This tends to vary state by state. The state with the highest conviction rate is Kerala, at about 84%, while the one with the lowest rate is Bihar, at around 10%."
deleted 7y ago
[deleted]
Merrill 7y ago
The conviction rate in criminal trials should be high, perhaps 90% or higher. A low conviction rate implies that a lot of shaky cases with poor evidence are being brought. This exposes innocent people to the inconvenience and expense of mounting a defense and to the possibility of a false conviction.
idoubtit 7y ago
From the BBC audio, about Canada: > In 2017-2018, 3.6 % of criminal cases in adult courts led to acquittal, but 62 % led in a guilty decision, and 1/3 were withdrawn or subject to a crown stay. To be fair in their comparison, they should have mention withdrawals in the Japanese courts. In 2016, 62.4% of the criminal charges were withdrawn[^1]. So, comparing the conviction rate on the initial charges (meaning that withdrawal of charges in taken into account): Canada: 62% of the initial charges led to a conviction Japan: 38% Comparing the conviction rate excluding withdrawal: Canada: 95% (62 out of 65.6) Japan: 99% As noted in the BBC audio and pointed in the article, Japan's system is unfair, but I think the rest of the comparison in the audio was biased. [^1]: https://www.nippon.com/en/japan-topics/c05401/order-in-the-court-explaining-japan’s-99-9-conviction-rate.html https://www.nippon.com/en/japan-topics/c05401/order-in-the-c... [edit: messed up the 62% of Canada]
kstenerud 7y ago
The biggest problem is their coercive and brutal interrogation tactics, which result in false confessions. There was a story a number of years ago about a cyber criminal who hacked victims computers to commit crimes, and then taunted the police about it after they forced false confessions from the hapless owners. https://www.bbc.com/news/magazine-20810572 https://www.bbc.com/news/magazine-20810572
selfishgene 7y ago
Suspiciously high conviction rate in light of this: https://www.irishtimes.com/news/world/asia-pacific/japan-s-crime-problem-too-many-police-not-enough-criminals-1.3451997 https://www.irishtimes.com/news/world/asia-pacific/japan-s-c...

I can't listen to this right now but am really interested about the title. Could you tldr the reason why the conviction rate is 99% in Japan?

kstenerud 7y ago
They only prosecute cases they think they can win, and then they beat and torture and sleep deprive a confession out of the suspect. If he doesn't confess, they keep him in jail for months of more torture and then convict him anyway. You generally only get out not-guilty if you pay a LOT of money to your lawyer, and even then it's a crap shoot. Also, you'll be unemployable regardless of the outcome, but it'll be much worse in society if you didn't confess, because now you're guilty and unpenitent. Of course it's much more complex in reality, but that's the gist.
- mlvljr 7y ago
  They torture?
- claudiawerner 7y ago
  >and then they beat and torture and sleep deprive a confession out of the suspect Horrible, and seemingly unconstitutional: "No person shall be compelled to testify against himself. Confession made under compulsion, torture or threat, or after prolonged arrest or detention shall not be admitted in evidence. No person shall be convicted or punished in cases where the only proof against him is his own confession."[0] [0] Article 38 of the Japanese Constitution: https://japan.kantei.go.jp/constitution_and_government_of_japan/constitution_e.html https://japan.kantei.go.jp/constitution_and_government_of_ja...
frostburg 7y ago
Somewhat authoritarian process and prosecutors dropping any case that looks hard.
wodenokoto 7y ago
Haven't heard BBC's angle, but usually it is explained as a mix between forcing confessions from suspects and pushing reporters of hard to solve crimes to "admit" it never happened.
- Danieru 7y ago
  The 99% is not reports, only the percentage of cases brought to trial which the state won. The common explanation is that without plee bargains the American system would have a similar conviction rate and thus one should not be too surprised. Unless one wishes their government prosecuted more people without hard evidence. TV shows may pull exonorating evidence ou of a hat but that is not real life.
davidwritesbugs 7y ago
Didn't listen to podcast but from other sources I've hear there is a cultural imperative to accept the police version of events because it is 'disrespectful' to doubt their word. Given Japanese deference to authority that seems plausible.
monkeycantype 7y ago
tldr: a related article on the Australian ABC today claims 99.4% of all criminal cases that go to trail result in a conviction. Japanese prosecutors rely heavily on confessions, which are extracted after extended isolation and sleep deprivation. wikipedia's take: 'Many Western human rights organizations alleged that the high conviction rate is due to rampant use of conviction solely based on confession. Confessions are often obtained after long periods of questioning by police as those arrested may be held for up to 23 days.'
laurieg 7y ago
This article goes into detail on how the conviction rate is so high: https://www.nippon.com/en/japan-topics/c05401/order-in-the-court-explaining-japan%E2%80%99s-99-9-conviction-rate.html https://www.nippon.com/en/japan-topics/c05401/order-in-the-c...

eliaspro 7y ago

There was also a recent "Rare Earth" episode about this: "Why Every Japanese Criminal is Guilty" - https://youtu.be/IRn4xzaugbk https://youtu.be/IRn4xzaugbk

tus88 7y ago

Always funny watching the UK - where it was described that perverting the course of justice is an instrument of public policy - criticizing other countries legal systems. And bear in mind the UKs 80% (?) conviction rate occurs with a DPP that likes to "engage with risk". Whatever that means.

mellosouls 7y ago
This is an extremely good programme that deserves more credit than sensitivity of that sort. It's whole point is to delve neutrally into the numbers put out by different organisations to evaluate and explain the claims. Given that scrutiny of UK organisations is the norm for it, and that a 99% conviction rate is a headline figure that would more normally be associated with somewhere like North Korea and which begs explanation, it's difficult to see what the problem is here?
- tus88 7y ago
  I'm pretty sure scrutiny of the UK system is down to about the Daily Mail and not much else. The BBC is more likely to criticize such scrutiny than engage in it itself. And you make a lot of assumptions. 99% could mean a terrible system, or one where only solid cases are pursued. 80% could mean a robust trial system, or lots of shoddy cases pursued by a risk taking, politicized prosecution system.
  - mellosouls 7y ago
    If the 99% figure has merit, that is what the programme is intended to uncover. Your point about the Daily Mail is lost on me - perhaps you could point to an alternative podcast on statistics that does a less biased job, so I can see the same nationalist perspective as you are seeing, and understand the value of your objection?
    - tus88 7y ago
      And as I said, it's always funny watching the UK scrutinize other countries legal systems while internal scrutiny is limited to news outlets that aren't so tightly connected to the state (or literally is state propaganda like the BBC). But boy, when such scrutiny does occur the atrocities it uncovers leaves people scratching their heads at the supposed "envy of the world".

deleted 7y ago

[deleted]

mellosouls 7y ago

This is a BBC programme so should probably link to the BBC page: https://www.bbc.co.uk/programmes/p080pgdy https://www.bbc.co.uk/programmes/p080pgdy

lifeisstillgood 7y ago
Thanks - but getting that original link is harder in my apple podcast app. at least with only one thumb free...

fiblye 7y ago

It's strange how Japan gets so much attention for this. It's about the same in every country. According to Wikipedia: >In Canada, the national conviction rate is about 97%. This does not include cases in which the charges are dropped, which comprise about one-third of criminal cases. Absent Quebec, the province with the lowest conviction rate, the figure is 99%. If a country has a low conviction rate, it could be because cops are arresting lots of innocent people. It could be because courts are being bribed and letting people go. High conviction rates can mean anything from police only arresting people when they know a person is guilty, to them picking up anyone off the street and throwing them away without a fair trial. Percentage alone, generally, isn't something worth looking into.

stupidcar 7y ago
Seriously? The linked audio is only 9 minutes long, and it addresses this exact point. The Wikipedia figure for Canada is wrong. The straight acquittal rate is ~3%, but the other 97% are not convictions, only about 60% are. They also interview a professor who authored a book on the Japanese justice system who explains why the conviction rate is so high. It turns out we can answer questions like this without relying on uninformed guesses by HN commenters. Amazing.
- skissane 7y ago
  > The Wikipedia figure for Canada is wrong. The straight acquittal rate is ~3%, but the other 97% are not convictions, only about 60% are. I've observed what happens in Australia (wasn't me personally, but someone I know). Charged with a crime for which the evidence was rather weak/debatable. His family could afford a good barrister and expert witnesses. As soon as the defence expert witness finishes demolishing the prosecution's case from the witness stand, the prosecution move for the case to be dismissed. It was very obvious that if he had been a poor person, whose family couldn't afford to pay many $10,000s on good lawyers and expert witnesses, the prosecution would have won the case. But I think that's their technique. Charge lots of people, some of whom are well-resourced enough to cast doubt on the prosecution's case, others are not. Fold against the former, win against the later. So long as they get enough of the later and not too much of the former, pat themselves on the back for meeting their targets.

thaumasiotes 7y ago

Note that the US conviction rate is similar. See e.g. https://www.nytimes.com/2012/03/23/us/stronger-hand-for-judges-after-rulings-on-plea-deals.html https://www.nytimes.com/2012/03/23/us/stronger-hand-for-judg... > [In 2009,] 97 percent of federal cases and 94 percent of state cases end in plea bargains, with defendants pleading guilty in exchange for a lesser sentence.

matsemann 7y ago
I wonder how many innocent plead guilty in a plea bargain, just because they don't have the resources to fight the charges. Quite perverse incentives.
- elfexec 7y ago
  > I wonder how many innocent plead guilty in a plea bargain Probably a lot more than we'd like to admit. > just because they don't have the resources to fight the charges. It's not just that they don't have the resources. It's also a matter of risk assessment because a jury can be fickle. Lets say you have 20% chance of conviction and 80% chance of acquittal. The prosecutor offers you a plea deal for 1 year ( you get out in 6 months with good behavior ). If you choose to go to trial, the prosecutor says he is going to charge you with everything he can and if found guilty, you go to prison for 25 years. What do you do? You have 20% chance of spending quarter century in prison. Or you have 100% chance of 6 months ( 1 year at the max )? I think most people would choose the latter. > Quite perverse incentives. In a way. The system incentivizes plea deals because the prosecutor doesn't want to lose cases. So he only wants to try cases that are open and shut and go the plea deal route with the rest.
- vanniv 7y ago
  Very many. Jury trials are expensive as fuck, and you don't get a penny of it back if you win. The most common offenses charged are less-serious things like DUI, where first offenders are likely to receive penalties like a fine, maybe a very short community service, and probation. If you go to trial, you always might lose, and you will pay $50k of legal fees. If the prosecutor offers you a $10k fine, what're you going to do? Even if you could raise the $50k -- of you go to trial and lose (which is always possible), you are likely to get close to the maximum penalty for having fought.

torgian 7y ago

I find this interesting because a former coworker was in jail for about ten days. He was released due to no charges being pressed. Thing is, he’s a foreigner, and he hasn’t said anything about how he was treated. Afaik he’s still in the country looking for work. So maybe it’s different for foreigners ( I wouldn’t he surprised if that’s the case )

olingern 7y ago

Current resident of Tokyo. Can be a little scary when getting randomly searched. I could argue, but my Japanese is intermediate and the police are always right. A youtuber interviewed a trial lawyer [1] last year and I thought it was really good. I wasn't aware that the holding days could be extended for each crime that you "commit." There's an entire scheme to this: 3 days - initial detainment 10 days - judge determines whether you can be charged or not 10 days - possible extension. If you commit two crimes, that could be up to 46 days in detainment. Basically, don't come to Japan and do anything questionable and everything should be fine. In the unlikely event you're in the wrong place at the wrong time, you should know how to wield Japanese well to try to get yourself out of it. On the other hand, I watched an interaction between a couple of foriegners and the police one day. They were drinking in the park one day (legal and common) and the police were called on them for unknown reasons. After the police arrived, they basically told the police to go away for an hour and refused to show their resident's card (both also legal). Backups and backups of backups were called and eventually they dispersed. I think this is a good example of how there is a lot of restraint with regards to police here. I believe in most other countries jail would have been imminent out of disrespect. The thing about Japan is that once you're caught up in the system, it has no mercy. 1 - https://www.youtube.com/watch?v=r1ZLGqL1FMo&vl=en https://www.youtube.com/watch?v=r1ZLGqL1FMo&vl=en

fiblye 7y ago
>refused to show their resident's card (both also legal) Do you mean legal residents, or not showing their ID is legal? Because if police ask for a foreigner's resident card, they have to present it. [1, Q41] [1] http://www.immi-moj.go.jp/newimmiact_1/en/q-and-a_page2.html http://www.immi-moj.go.jp/newimmiact_1/en/q-and-a_page2.html
- olingern 7y ago
  You are required to show your card to police when they suspect there is a crime. You can refuse by asking if there is a reason to believe there was a crime and if this is a "professional inquiry" If yes, they must provide the reason. [1] At that point, you may have to show them your card depending on the circumstances. They may leave you alone, however. My experience: I was once taking photos in a dark alley for some cyberpunk type shots around 9 p.m. I was approached by two officers who asked, "What are you doing here?" Kind of a trick question, because then they said, "Oh, you speak Japanese. Do you have your resident's card?" I complied here because of the optics. After complying to show my card, my bag and me were fully searched which I was not okay with. After that I experience, I became well acquainted with my rights because, at that time, I did know them well. 1 - https://www.japantimes.co.jp/community/2014/04/02/issues/rights-can-protect-against-fake-cops/#.XiQyMmaRVhE https://www.japantimes.co.jp/community/2014/04/02/issues/rig... [1]'s source / reference: http://www.debito.org/shokumushitsumon.html http://www.debito.org/shokumushitsumon.html

deleted 7y ago

[deleted]

totalZero 7y ago

I wonder if there are PR firms that have been hired by high-profile individuals to disparage the Japanese justice system.

Danieru 7y ago
Indeed, perhaps individuals with large volumes of undeclared earnings one might wonder.

MrDrDr 7y ago

Interesting programme. I guess the policy of a country - and it’s conviction rate - needs to balance the risk of innocent people jailed against the guilty walking free. I presume different countries legislate according to which they find more acceptable.

narrator 7y ago

India, on the other hand, has a low conviction rate: https://en.wikipedia.org/wiki/Conviction_rate#India https://en.wikipedia.org/wiki/Conviction_rate#India "The national conviction rate in India for offences of the Indian Penal Code is around 46%. This tends to vary state by state. The state with the highest conviction rate is Kerala, at about 84%, while the one with the lowest rate is Bihar, at around 10%."

deleted 7y ago

[deleted]

Merrill 7y ago

The conviction rate in criminal trials should be high, perhaps 90% or higher. A low conviction rate implies that a lot of shaky cases with poor evidence are being brought. This exposes innocent people to the inconvenience and expense of mounting a defense and to the possibility of a false conviction.

idoubtit 7y ago

From the BBC audio, about Canada: > In 2017-2018, 3.6 % of criminal cases in adult courts led to acquittal, but 62 % led in a guilty decision, and 1/3 were withdrawn or subject to a crown stay. To be fair in their comparison, they should have mention withdrawals in the Japanese courts. In 2016, 62.4% of the criminal charges were withdrawn[^1]. So, comparing the conviction rate on the initial charges (meaning that withdrawal of charges in taken into account): Canada: 62% of the initial charges led to a conviction Japan: 38% Comparing the conviction rate excluding withdrawal: Canada: 95% (62 out of 65.6) Japan: 99% As noted in the BBC audio and pointed in the article, Japan's system is unfair, but I think the rest of the comparison in the audio was biased. [^1]: https://www.nippon.com/en/japan-topics/c05401/order-in-the-court-explaining-japan’s-99-9-conviction-rate.html https://www.nippon.com/en/japan-topics/c05401/order-in-the-c... [edit: messed up the 62% of Canada]

kstenerud 7y ago

The biggest problem is their coercive and brutal interrogation tactics, which result in false confessions. There was a story a number of years ago about a cyber criminal who hacked victims computers to commit crimes, and then taunted the police about it after they forced false confessions from the hapless owners. https://www.bbc.com/news/magazine-20810572 https://www.bbc.com/news/magazine-20810572

selfishgene 7y ago

Suspiciously high conviction rate in light of this: https://www.irishtimes.com/news/world/asia-pacific/japan-s-crime-problem-too-many-police-not-enough-criminals-1.3451997 https://www.irishtimes.com/news/world/asia-pacific/japan-s-c...