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More scrutiny the better. Several features of the Japanese criminal justice system, such as, absence of due process, no right to counsel during police interrog
by pnw_hazor 6y ago
More scrutiny the better.
Several features of the Japanese criminal justice system, such as, absence of due process, no right to counsel during police interrogations, coercive interrogation techniques (sleep deprivation, stress/pain positions, meal withholding, isolation, etc.), absence of a bail system, absence of an independent judiciary, and so on, deserve as much scrutiny as possible.
- jcampbell1 6y agoI blame Douglas MacArthur, though in his defense Miranda v Arizona wasn’t until 1966. You forgot to mention that police interrogations can legally go for 3 weeks.
- pnw_hazor 6y ago"the simple tactic of bekken taiho – arrest, or re-arrest, for a different crime. The police arrest the person on a different or trumped up charge. At the end of the 23 days, the police rearrest him on another charge, keeping him in detention, and so the cycle goes on. Though evidence gathered through this method is prohibited in theory, and is at times struck down by the courts, law enforcement has been known to keep suspects in daiyou kangoku for months before indictment." https://www.counterpunch.org/2014/06/02/japans-authoritarian-criminal-justice-system/ https://www.counterpunch.org/2014/06/02/japans-authoritarian... I recognize there are reform efforts going on, in law school there were some Japanese judges and prosecutors observing some criminal procedure classes I was in. For example, recently a limited form a plea bargaining has been introduced before this plea bargaining was not available. However, plea bargaining is limited to a few crimes (mostly white collar crimes) and only if a defendant offers evidence that implicates others -- this encourages false testimony against others.