Hacker Newsnew | past | comments | ask | show | jobs | submitlogin

I'd suggest you read up about how the legal system works in Japan before you blurt out a facile quip: Confessions[1] and other unpleasantness[2].

[1]http://www.aljazeera.com/indepth/features/2016/10/japan-forc...

[2]https://gaijinass.com/2011/01/02/7-brutal-realities-regardin...



Dubious sources, to say the least. This dumb conversation pops up every single time the Japanese criminal justice system comes up, and no one has a decent source--say for example, something in Japanese. First of all, the conviction rate in the US is 85+% last time I checked. Secondly, Japanese suspects confess. The theory is that they're coerced, but that requires one to accept a lot of speculation about the psychological impact of prolonged interrogations. Finally, the police in Japan are essentially invisible, so you need to be suspicious to even be on their radar. If you attract that kind of attention, you don't belong here, and they're going to let you know. It may not be what you want to hear, but that's just how it works here. It's the same everywhere else. In America, you can drive a BMW with New York plates from New Orleans to Los Angeles, and if you get pulled over, good luck to you.


The conviction rates are available in English and Japanese provided by the Ministry of Justice.

Wikipedia in Japanese - Criminal Trial Judgements (判決確定数 - number of judicial decisions, 有罪 - guilty, 無罪 - not guilty)

https://ja.wikipedia.org/wiki/%E6%97%A5%E6%9C%AC%E3%81%AE%E5...

At the bottom of the table it links all the data to

http://hakusyo1.moj.go.jp

Looks pretty unofficial but that is Japan Ministry of Justice website and is linked by the more official looking one

http://www.moj.go.jp/housouken/houso_hakusho2.html

Ministry of Justice White Papers in English

http://hakusyo1.moj.go.jp/en/nendo_nfm.html

Judgement rates 2005-2014 in English

http://hakusyo1.moj.go.jp/en/64/nfm/n_64_2_2_3_1_0.html


I'm not challenging the conviction rate. I'm challenging the accusations of coercion.


You're not challenging them with anything more than personal opinion. Which is fair enough, you're entitled to your opinion, although there are other people living in Japan in this thread who disagree with it.

However, as you're insisting that Japanese-only sources are necessary to consider the claim to be reliable, perhaps you can provide the necessary Japanese sources which contradict it?


The burden of proof is on the accusers. I'm only asking for a single credible source from inside Japan, and in Japanese. Some anecdotes from other commenters is obviously inadequate. I've seen this trope about Japanese police strong-arming people into confessions in all the usual sources for misinformation about Japan on the internet--hence my skepticism. What if the Japanese criminal justice system is just really well run? That is an equally credible conclusion until proven wrong.


>The burden of proof is on the accusers.

This isn't a court of law, and you're not the defendant. There is no "burden of proof."

>I'm only asking for a single credible source from inside Japan, and in Japanese.

Sources from inside Japan and in Japanese have already been posted here. If you find those inadequate, what Japanese language news sources would you recommend? Perhaps you could search those and tell us what they have to report, if anything, on the matter.

>. What if the Japanese criminal justice system is just really well run? That is an equally credible conclusion until proven wrong.

In any other context, with any other country, the police being able to detain and interrogate suspects for weeks and a judicial system with a 99% conviction rate would be assumed to be evidence of unchecked state power. And, of course, "well run" and "systemically corrupt" are not diametrically opposed.

I understand from past comments that you're passionate about fighting against what you perceive as false cultural stereotypes about Japan, which is fine, but in this particular case the assumption being made is that Japan is no different than any other state in the ways that power and opportunity can breed corruption. It can't be "equally credible" to assume that Japan is somehow an exception to human nature.


You may as well ascribe Japan Rail's punctuality to nefarious behavior, since clearly no good actor could achieve such a high standard.


"Japan's trains run on time, therefore, Japan's justice system can't possibly be corrupt."

Did you really just sneak back into this thread after a week just to drop a snarky one-liner?


Do you consider Amnesty International to be a decent source?

https://www.amnesty.org/en/latest/news/2012/11/japan-end-abu...


In a word: no. Japan has a different attitude toward civil rights than the west. Can anyone point to source from within Japan?


Japan has a different attitude toward civil rights than the west.

That's what this thread is about, isn't it?


No. There are serious and so far unfounded allegations of coercion of suspects and witnesses in this thread. That's not what I meant by "a different attitude toward civil rights".


It almost seems that you're trying to have it both ways. Routinely conducting three weeks (or whatever period) of ceaseless interrogation is as bad for civil rights as it is for actually finding the truth in an investigation. Either tell us that such practices are fine because cultural differences, or tell us convincingly that they don't actually happen. Pick one.


> First of all, the conviction rate in the US is 85+% last time I checked.

So Japan's acquittal rate is only 15 times lower than one of the most prison-happy countries in the world.

> Secondly, Japanese suspects confess. The theory is that they're coerced, but that requires one to accept a lot of speculation about the psychological impact of prolonged interrogations.

...Which speculation is that, exactly? Are you saying you don't believe that people will do almost anything to escape after being tormented for days or weeks? Extraordinary claims demand extraordinary evidence, please.

> you need to be suspicious to even be on their radar.

"The innocent have nothing to hide." Uh huh.


I get that you have a different culture but if someday in the future a false conviction happens to you I wonder if you'll feel the same.


Police abuse happens everywhere. I said that somewhere above. I'm not as easily convinced that Japan's high conviction rate is due to coercion. I'm more afraid of kangaroo courts in places like Indonesia or the Middle East or small-town America than I am of being squeezed for something I didn't do in Japan. I'm 100% confident that no one can coerce a false confession from me in 23 days without physical torture. 100 percent.


If they were inclined to, they could easily deprive you of enough water not to kill you but make you very cooperative. I'm not saying they would do it, I know very little about Japan and how it works there. I just know the tactic isn't unheard of for interrogations in the US and some other countries.


Of course not. But this is purely an emotional argument.

A hypothetical system that is in theory wide open to abuse, but where, in practice abuse rarely happens, should be compared favourably with another which has strong theoretic abuse controls, yet in practice is abused systematically. At least until such time as systematic violation is common in the former and the latter lives up to its ideals.


That's a great point, thanks. I think perhaps this triggers an instinctive fear of danger that you can't size up because it's (purportedly) hidden away. Even though one is ostensibly better than the other in a practical sense, the fear of being randomly victimized by those in power with no ability to right it both socially and legally, even after the fact, is pretty chilling.

If you assume for a moment that the allegations are true, that powerlessness is exemplified in this thread–you have someone from Japan basically saying that if you're even under suspicion you probably did something to deserve it. Coming from somewhere like the US that scares me more even if that fear is irrational in a practical sense.




Guidelines | FAQ | Lists | API | Security | Legal | Apply to YC | Contact

Search: