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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?

by exdsq 7y ago

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...

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?

by 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...