Date: Wed, 22 May 1996 14:50:21 -0500 (CDT)
From: "Ranma al'Thor <ranma@falcon.cc.ukans.edu>"
On Mon, 20 May 1996, hitomi ichinchei wrote:
> Felling that I perhaps did not know as much of my own justice system, I
> went and checked the 'facts' that were pointed out to me on this list and
> i have to say that they have very little bearing on reality.
And who did you ask? What did you do for research? Or would you rather
just make bald assertions as you did before?
I'm pretty annoyed myself; with the exception of the yakuza aside, and
the extraterritoriality issue (thanks for reminding me of this $10
word, John), which has been extensively treated in media due to the
recent incident, everything I said was based on and/or helped explain
the confession and conviction rates of accused criminals. I just took
the time to look this up on the web, here are the results:
>From http://www.alexlam.com/users/lampas/japan_2.htm
In prewar Japan, ninety-nine percent of all criminal convictions were
based on confessions. That percentage has dropped to eighty-six today,
with convictions in ninety-nine point nine percent of cases sent to
trial.
I have no idea about this source, but the 86% is echoed in US State
Department report below, which only mentions a very high conviction
rate:
http://snyside.sunnyside.com/cpsr/privacy/privacy_international/
country_reports/State_Department_1994/Japan.txt
>From http://www.nra.org/research/10myths.html
Part of Japan's low crime rate is explained by the efficiency of its
criminal justice system, fewer protections of the right to privacy,
and fewer rights for criminal suspects than exist in the United
States. Japanese police routinely search citizens at will and twice a
year pay "home visits" to citizens' residences. Suspect confession
rate is 95% and trial conviction rate is over 99.9% . The Tokyo Bar
Association has said that the Japanese police routinely "...engage in
torture or illegal treatment. Even in cases where suspects claimed to
have been tortured and their bodies bore the physical traces to back
their claims, courts have still accepted their confessions." Neither
the powers and secrecy of the police nor the docility of defense
counsel would be acceptable to most Americans. In addition, the
Japanese police understate the amount of crime, particularly covering
up the problem of organized crime, in order to appear more efficient
and worthy of the respect the citizens have for the police.
I'm not sure these two confession rates are measuring the same thing.
I'm sure details and sources could be found in David? Kopels "The
Samurai, The Mountie, and the Cowboy: Should America adopt the gun
controls of other democracies?" (Buffalo, N.Y.: Prometheus Books,
1992)
>From http://shrine.cyber.ad.jp/~repka/trivia.html
The nation-wide arrest and conviction rate for murders was 98% in
1981. (National Police Agency statistics).
Note the above is a Japanese source....
http://www.dfait-maeci.gc.ca/english/geo/japan/nika1d.htm (Canadian
Consular Services advice to expatriates)
You and the Law: Japan is a very safe place to live - unless you go
looking for trouble. Police are effective and make it their business
to know about everyone living in their area of responsibility. Their
powers of action are broader than in Canada. They are particularly
tough on drug offenders; the conviction rate is very high and prisons
are rigorous. Cooperate and stay out of trouble. There is a "zero
tolerance" policy on drinking and driving.
Anyway, these multiple sources all point at roughly the same thing.
BTW, another article I found commented that the combined homicide-
suicide rate in the US and Japan are the same (and Japanese suicide
statistics include family murder/father suicides)....
> Of course, this is a fiction writing list.
What a charmlingly veiled way of calling anyone who disagrees with you a
liar.
As PT said, "sizzle"; you're a better writer than I, John.
[ She withdraws from the discussion, etc. etc.. ]
I try (I'll admit I don't always succeed) not to dismiss people's
arguments without providing some kind of proof. I'd appreciate the same
courtesy in return.
Agreed; I for one would like to know if indeed everything I've heard
about the Japanese criminal justice system is wrong, but it will take
more than bald assertions....
Bleah, this has taken too long; time to watch Escaflowne #2....
- Harold