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The 99% conviction rate number that is mentioned can be misleading. This article[1] details how prosecutors drop cases and only bring 'airtight' cases before a
by laurieg 5y ago
The 99% conviction rate number that is mentioned can be misleading. This article[1] details how prosecutors drop cases and only bring 'airtight' cases before a judge.
However, Carlos Ghosn's case was not simple some street crime uncovered by local cops, it was investigated by the special investigation section of the Tokyo prosecutors office. Cases brought by them are far less likely to be dropped. The defendant more or less has to prove their innocence.
The power of prosecutors in the current system is clearly out of balance, but it doesn't seem to show signs of correcting anytime soon.
[1]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...
- bogomipz 5y agoThanks for the link. It is a very curious situation where a judge would fear a prosecutor. That does suggest a power imbalance. I feel your link also supports the point I was making though and the main difference between Japan and the US is that US makes heavy uses of plea bargains vs Japan's tendency to only ever bring cases they feel have a high probability of a successful conviction.