5 ms·

Japan's 99% conviction rate is a commonly quoted but also misleading statistic. It's misleading because it leads most readers into inferring that 99 people will

Japan's 99% conviction rate is a commonly quoted but also misleading statistic. It's misleading because it leads most readers into inferring that 99 people will be convicted out of 100 people who get charged with a crime. In fact the denominator is "people indicted by the prosecution", which is generally a small fraction of people who get arrested; more than two-thirds of cases have their charges dropped. The US conviction rate also appears low because it excludes plea bargains; if those are included, the US would also be above 99%. https://usali.org/comparative-views-of-japanese-criminal-justice/carlos-ghosn-and-japans-99-per-cent-conviction-ratenbsp-examining-japans-criminal-justice-system-from-a-comparative-perspective https://usali.org/comparative-views-of-japanese-criminal-jus... This doesn't mean Japan's criminal justice system is good, it just means that its problems are overstated, and comparable to the problems the US is also dealing with. A difference in how statistics are calculated exaggerates the real differences between the two systems.

underlipton 2y ago
If you're going to go into it, you have to mention that you can be held for several weeks without being formally charged. That is to say, you can suffer a Japanese jail cell for almost a month (a significant portion of the strictly-enforced 90-day visa restriction, if you're visiting) and not have done anything wrong.
- mitthrowaway2 2y ago
  Yes, although it might be in your interest to not be formally charged, and they cannot hold you for more than 48 hours without due process. Within those 48 hours the police do have to inform you of the crime that you are suspected of (but not charged with), and if they want to hold you for longer, the police need to present their evidence to a public prosecutor. The prosecutor can request up to two 10-day extensions from a judge. The prosecutor and judge must both agree that there is sufficient evidence to grant the extension, and you will generally be present at those extension hearings. If the evidence is not sufficient for granting that extension, you will likely be released without any charges, and never factor into that 99% conviction-rate calculation. So it's not like you can just be thrown in a cell for weeks without any explanation or any rights. And while you don't have to have done anything wrong, there at least needs to be evidence that you've done something wrong. Factually-innocent people in the US who find themselves facing charges with evidence against them often end up pressured to accept a plea bargain, even if they know they're innocent. It's a failure mode that both systems have, although they handle them differently. I'm not saying it's fair, of course. A factually-innocent foreigner who doesn't understand the language, the legal system, or the situation they're in could easily slip up and end up confessing to a crime they didn't commit, or making any number of similar mistakes.
  - phonon 2y ago
    Or you can be a 74 year old woman spending three days in jail for being suspected of stealing tofu... https://mainichi.jp/english/articles/20240417/p2a/00m/0na/003000c https://mainichi.jp/english/articles/20240417/p2a/00m/0na/00...
    - mitthrowaway2 2y ago
      It's a sad story, but yes. I should have mentioned that the application to extend detention can itself take up to one day, so three days is the maximum time that the police can hold you in jail without a judge approving a longer detention. It's certainly a travesty that this happened to that woman.

underlipton 2y ago

If you're going to go into it, you have to mention that you can be held for several weeks without being formally charged. That is to say, you can suffer a Japanese jail cell for almost a month (a significant portion of the strictly-enforced 90-day visa restriction, if you're visiting) and not have done anything wrong.

mitthrowaway2 2y ago
Yes, although it might be in your interest to not be formally charged, and they cannot hold you for more than 48 hours without due process. Within those 48 hours the police do have to inform you of the crime that you are suspected of (but not charged with), and if they want to hold you for longer, the police need to present their evidence to a public prosecutor. The prosecutor can request up to two 10-day extensions from a judge. The prosecutor and judge must both agree that there is sufficient evidence to grant the extension, and you will generally be present at those extension hearings. If the evidence is not sufficient for granting that extension, you will likely be released without any charges, and never factor into that 99% conviction-rate calculation. So it's not like you can just be thrown in a cell for weeks without any explanation or any rights. And while you don't have to have done anything wrong, there at least needs to be evidence that you've done something wrong. Factually-innocent people in the US who find themselves facing charges with evidence against them often end up pressured to accept a plea bargain, even if they know they're innocent. It's a failure mode that both systems have, although they handle them differently. I'm not saying it's fair, of course. A factually-innocent foreigner who doesn't understand the language, the legal system, or the situation they're in could easily slip up and end up confessing to a crime they didn't commit, or making any number of similar mistakes.
- phonon 2y ago
  Or you can be a 74 year old woman spending three days in jail for being suspected of stealing tofu... https://mainichi.jp/english/articles/20240417/p2a/00m/0na/003000c https://mainichi.jp/english/articles/20240417/p2a/00m/0na/00...
  - mitthrowaway2 2y ago
    It's a sad story, but yes. I should have mentioned that the application to extend detention can itself take up to one day, so three days is the maximum time that the police can hold you in jail without a judge approving a longer detention. It's certainly a travesty that this happened to that woman.