3 ms·

That's an often-quoted statistic that really doesn't mean what it looks like. The main reason their conviction rate is so high is not that they have some bloodt

That's an often-quoted statistic that really doesn't mean what it looks like. The main reason their conviction rate is so high is not that they have some bloodthirsty kangaroo court, but rather that charges are very likely to be dropped by the prosecution if there isn't compelling evidence certain to end in conviction, rather than the prosecution risking losing the case.

throw_away 5y ago
This very article says the same, if read past the headline: > Japan’s often-cited conviction rate of over 99 percent is a percentage of all prosecuted cases, not just contested cases. It is eye-catching, but misleading, since it counts as convictions those cases in which defendants pleaded guilty. If the U.S. conviction rate were calculated in a similar manner it would also exceed 99 percent since so few cases are contested at trial (in FY 2018 only 320 of the total number of 79,704 federal defendants were acquitted at trial). I was curious why I kept seeing this article coming up as an attack on Japan when the text clearly doesn't come across that way & yep, this link is the first google result for "japan 99% conviction rate"
shkkmo 5y ago
I don't believe that is the main reason. Forced confessions without a lawyer present is a huge factor in Japan's conviction rate. > In Japan this occurs in the context of forced confessions during detention of suspects whose lawyers are not present during interrogation. In the United States a similar danger is present in plea bargaining. There is a well-known “trial penalty” — a defendant who spurns the prosecutor’s offer of a plea bargain will generally receive a significantly higher sentence if found guilty at trial. Both systems struggle to provide oversight of confessions and plea bargains, respectively, by means of judicial hearings.

3 ms·

That's an often-quoted statistic that really doesn't mean what it looks like. The main reason their conviction rate is so high is not that they have some bloodt

by jbay808 5y ago

throw_away 5y ago
This very article says the same, if read past the headline: > Japan’s often-cited conviction rate of over 99 percent is a percentage of all prosecuted cases, not just contested cases. It is eye-catching, but misleading, since it counts as convictions those cases in which defendants pleaded guilty. If the U.S. conviction rate were calculated in a similar manner it would also exceed 99 percent since so few cases are contested at trial (in FY 2018 only 320 of the total number of 79,704 federal defendants were acquitted at trial). I was curious why I kept seeing this article coming up as an attack on Japan when the text clearly doesn't come across that way & yep, this link is the first google result for "japan 99% conviction rate"
shkkmo 5y ago
I don't believe that is the main reason. Forced confessions without a lawyer present is a huge factor in Japan's conviction rate. > In Japan this occurs in the context of forced confessions during detention of suspects whose lawyers are not present during interrogation. In the United States a similar danger is present in plea bargaining. There is a well-known “trial penalty” — a defendant who spurns the prosecutor’s offer of a plea bargain will generally receive a significantly higher sentence if found guilty at trial. Both systems struggle to provide oversight of confessions and plea bargains, respectively, by means of judicial hearings.