# Japanese Death Penalty **URL:** \ **Category:** Factual Questions\ **Created:** [August 18, 2005, 10:05pm UTC](https://boards.straightdope.com/t/japanese-death-penalty/317662 "2005-08-18T22:05:56Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![ArrMatey](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/arrmatey/32/3522_2.png) [@ArrMatey](https://boards.straightdope.com/u/ArrMatey)\ **Post date:** [August 18, 2005, 10:05pm UTC](https://boards.straightdope.com/t/japanese-death-penalty/317662/1 "2005-08-18T22:05:56Z")
Just reading about the sentancing of the BTK killer, and in a comment thread, someone mentioned how in Japan, if a person is sentanced to death, they’re not told -when-. They’re put in prison, and one day, maybe in a week, maybe a month, they’re hustled off and put down. This seems… Odd to me. Anyone have a cite, or an anti-cite, to this? ---
**Author:** ![GorillaMan](https://avatars.discourse-cdn.com/v4/letter/g/50afbb/32.png) [@GorillaMan](https://boards.straightdope.com/u/GorillaMan)\ **Post date:** [August 18, 2005, 10:08pm UTC](https://boards.straightdope.com/t/japanese-death-penalty/317662/2 "2005-08-18T22:08:55Z")
[Amnesty International](http://web.amnesty.org/library/Index/engASA220011997) says this is the case: > [@](#): > > Prisoners whose death sentence has been confirmed by the Supreme Court are liable to be executed at any time, if and when the Minister of Justice signs the execution order. However it is impossible to know who among these prisoners will be the next execution victims. In the last few years, prisoners have been executed in groups of two or three on the same day, sometimes in different detention centres, and those executed seem to have been arbitrarily selected among prisoners awaiting execution. They were neither those who had been awaiting execution the longest, nor even those who had exhausted all possible avenues of recourse against execution ---
**Author:** ![Bytegeist](https://avatars.discourse-cdn.com/v4/letter/b/9dc877/32.png) [@Bytegeist](https://boards.straightdope.com/u/Bytegeist)\ **Post date:** [August 18, 2005, 10:23pm UTC](https://boards.straightdope.com/t/japanese-death-penalty/317662/3 "2005-08-18T22:23:35Z")
> [@](#): > > … those executed seem to have been arbitrarily selected among prisoners awaiting execution. They were neither those who had been awaiting execution the longest, **nor even those who had exhausted all possible avenues of recourse** against execution Now _that’s_ a little disturbing, even ignoring the rest of it. Prisoners can be executed before due process has completed? ---
**Author:** ![groman](https://avatars.discourse-cdn.com/v4/letter/g/73ab20/32.png) [@groman](https://boards.straightdope.com/u/groman)\ **Post date:** [August 18, 2005, 10:29pm UTC](https://boards.straightdope.com/t/japanese-death-penalty/317662/4 "2005-08-18T22:29:02Z")
> [@Bytegeist](#): > > Now _that’s_ a little disturbing, even ignoring the rest of it. Prisoners can be executed before due process has completed? I think US is the only country with the general population having a stronger devotion to due process than to social revenge. ---
**Author:** ![fortytwo](https://avatars.discourse-cdn.com/v4/letter/f/f9ae1b/32.png) [@fortytwo](https://boards.straightdope.com/u/fortytwo)\ **Post date:** [August 18, 2005, 10:55pm UTC](https://boards.straightdope.com/t/japanese-death-penalty/317662/5 "2005-08-18T22:55:56Z")
> [@groman](#): > > I think US is the only country with the general population having a stronger devotion to due process than to social revenge. The rest of the world can only look up to the US and admire their stance on the death penalty. I’m having my doubts about the “general population” though, those wishy washy types need bringing into line. ---
**Author:** ![groman](https://avatars.discourse-cdn.com/v4/letter/g/73ab20/32.png) [@groman](https://boards.straightdope.com/u/groman)\ **Post date:** [August 18, 2005, 10:57pm UTC](https://boards.straightdope.com/t/japanese-death-penalty/317662/6 "2005-08-18T22:57:48Z")
Well generally, unless you mention child molesters, most people believe you should not be executed until all your appeals run out. ---
**Author:** ![duffer](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/duffer/32/1026_2.png) [@duffer](https://boards.straightdope.com/u/duffer)\ **Post date:** [August 18, 2005, 11:07pm UTC](https://boards.straightdope.com/t/japanese-death-penalty/317662/7 "2005-08-18T23:07:37Z")
> [@Bytegeist](#): > > Now _that’s_ a little disturbing, even ignoring the rest of it. Prisoners can be executed before due process has completed? Actually it seems that is their due process. You’re forgetting the “due process” as we know it in America, is an American standard in law. Not international as I understand it. IOW, you have to keep in mind that Japan doesn’t have the same legal system as all other countries. The process of a death penalty case varies by country. Also, I find it telling how AI refers to death penalty “victims”. [sub]Yes, yes, I know it’s rhetorical spin, but is a big reason why I can’t fully support them.[/sub] ---
**Author:** ![Bytegeist](https://avatars.discourse-cdn.com/v4/letter/b/9dc877/32.png) [@Bytegeist](https://boards.straightdope.com/u/Bytegeist)\ **Post date:** [August 18, 2005, 11:54pm UTC](https://boards.straightdope.com/t/japanese-death-penalty/317662/8 "2005-08-18T23:54:16Z")
> [@duffer](#): > > Actually it seems that is their due process. You’re forgetting the “due process” as we know it in America, is an American standard in law. Not international as I understand it. … The process of a death penalty case varies by country. No, I wasn’t forgetting that. I’m well aware that American legal processes don’t apply in other nations. I would still expect however that whatever due process _is_ available to Japanese death-row prisoners would be exhausted before execution could proceed. It seems to me in other words that the Japanese government is ignoring its own rules. (Unless the rules also say, “The government may, on any given day, roll a die and abort all prisoner appeals, present and future.”) ---
**Author:** ![Peter\_Morris](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/peter_morris/32/359_2.png) [@Peter\_Morris](https://boards.straightdope.com/u/Peter_Morris)\ **Post date:** [August 19, 2005, 12:22am UTC](https://boards.straightdope.com/t/japanese-death-penalty/317662/9 "2005-08-19T00:22:36Z")
The prisoner doesn’t know the date of his execution in advance. Of course, if you actually _tell_ him that, he can never be executed. ---
**Author:** ![bizzwire](https://avatars.discourse-cdn.com/v4/letter/b/958977/32.png) [@bizzwire](https://boards.straightdope.com/u/bizzwire)\ **Post date:** [August 19, 2005, 12:26am UTC](https://boards.straightdope.com/t/japanese-death-penalty/317662/10 "2005-08-19T00:26:36Z")
As pretty much everyone is aware, Japan has a very homogeneous culture which stresses obedience to authority. “The nail that sticks up is soon hammered down,” to coin a remarkably trite phrase. So it’s no wonder that the Japanese criminal justice system can boast of a [\>90% confession rate](http://www.usemb.se/human/human95/japan.htm) . I’m just musing here, but I imagine that the reason that the Japanese people are not up in arms about executing someone before all legal avenues have been exhausted is due to the perception that if you’ve been arrested, then you **must** be guilty, and if you’re guilty, well, then, tough shit for you. ---
**Author:** ![duffer](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/duffer/32/1026_2.png) [@duffer](https://boards.straightdope.com/u/duffer)\ **Post date:** [August 19, 2005, 3:24am UTC](https://boards.straightdope.com/t/japanese-death-penalty/317662/11 "2005-08-19T03:24:06Z")
> [@Bytegeist](#): > > I would still expect however that whatever due process _is_ available to Japanese death-row prisoners would be exhausted before execution could proceed. Well, I wasn’t trying to start a debate or anything, so please don’t take my previous post as a challenge. FWIW, I’m not familiar with Japanese law, so I have no idea of what “due process” is considered over there. Maybe one of our members from the island(s?)\* can fill us in? \*I’ve always wondered if the Japanese consider the country an island or a group of islands. What I mean is, if a citizen is leaving England to go home, would he say “I’m heading back to The Island” ot “I’m heading back to The Islands”? ---
**Author:** ![smiling\_bandit](https://avatars.discourse-cdn.com/v4/letter/s/e9a140/32.png) [@smiling\_bandit](https://boards.straightdope.com/u/smiling_bandit)\ **Post date:** [August 19, 2005, 4:08am UTC](https://boards.straightdope.com/t/japanese-death-penalty/317662/12 "2005-08-19T04:08:19Z")
> [@](#): > > \*I’ve always wondered if the Japanese consider the country an island or a group of islands. Uh… if you look at a map, Japan is quite clearly a large chain of islands, with four major ones. 😕 ---
**Author:** ![scr4](https://avatars.discourse-cdn.com/v4/letter/s/59ef9b/32.png) [@scr4](https://boards.straightdope.com/u/scr4)\ **Post date:** [August 19, 2005, 4:23am UTC](https://boards.straightdope.com/t/japanese-death-penalty/317662/13 "2005-08-19T04:23:39Z")
> [@duffer](#): > > \*I’ve always wondered if the Japanese consider the country an island or a group of islands. What I mean is, if a citizen is leaving England to go home, would he say “I’m heading back to The Island” ot “I’m heading back to The Islands”? 😕😕 I’d say “I’m heading back to (the/my) country.” ---
**Author:** ![cckerberos](https://avatars.discourse-cdn.com/v4/letter/c/f0a364/32.png) [@cckerberos](https://boards.straightdope.com/u/cckerberos)\ **Post date:** [August 19, 2005, 4:29am UTC](https://boards.straightdope.com/t/japanese-death-penalty/317662/14 "2005-08-19T04:29:16Z")
The AI link above gives the official view as: > [@](#): > > prisoners whose death sentence has been confirmed by the Supreme Court have, strictly speaking, no lawyer, because legal proceedings are over after the Supreme Court decision has been made. So due process is considered fulfilled once the Supreme Court weighs in. Interestingly, the Japanese wikipedia says that under the law, all executions must be carried out within 6 months of Supreme Court confirmation, but that this is not the case in practice. ---
**Author:** ![WotNot](https://avatars.discourse-cdn.com/v4/letter/w/e19b73/32.png) [@WotNot](https://boards.straightdope.com/u/WotNot)\ **Post date:** [August 19, 2005, 7:11am UTC](https://boards.straightdope.com/t/japanese-death-penalty/317662/15 "2005-08-19T07:11:14Z")
> [@Bytegeist](#): > > Now _that’s_ a little disturbing, even ignoring the rest of it. Prisoners can be executed before due process has completed? I may be wrong, but that’s not how I read that. I know there have been cases in the US where a person has been tried, convicted and sentenced, admitted their guilt, and been executed. The fact that they didn’t exploit every possible legal excuse to delay or prevent the execution doesn’t mean that due process wasn’t completed. ---
**Author:** ![duffer](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/duffer/32/1026_2.png) [@duffer](https://boards.straightdope.com/u/duffer)\ **Post date:** [August 19, 2005, 7:32am UTC](https://boards.straightdope.com/t/japanese-death-penalty/317662/16 "2005-08-19T07:32:49Z")
> [@smiling bandit](#): > > Uh… if you look at a map, Japan is quite clearly a large chain of islands, with four major ones. 😕 Um, so is Hawaii. I know the basics of geography, thank you. I know 4 people from Hawaii. 3 refer to it as their State. The other refers to it as her island. Though it’s a group of islands. I can’t apologize enough for offending you and **scr4**. ---
**Author:** ![Cunctator](https://avatars.discourse-cdn.com/v4/letter/c/43a26b/32.png) [@Cunctator](https://boards.straightdope.com/u/Cunctator)\ **Post date:** [August 19, 2005, 7:41am UTC](https://boards.straightdope.com/t/japanese-death-penalty/317662/17 "2005-08-19T07:41:02Z")
> [@cckerberos](#): > > The AI link above gives the official view as: > So due process is considered fulfilled once the Supreme Court weighs in. I agree. I did an overview of the Japanese legal system in one of my courses last year. The Supreme Court is the highest court, so once it has confirmed the death penalty, it seems that due process has been completed. ---
**Author:** ![smiling\_bandit](https://avatars.discourse-cdn.com/v4/letter/s/e9a140/32.png) [@smiling\_bandit](https://boards.straightdope.com/u/smiling_bandit)\ **Post date:** [August 19, 2005, 1:35pm UTC](https://boards.straightdope.com/t/japanese-death-penalty/317662/18 "2005-08-19T13:35:09Z")
> [@](#): > > Um, so is Hawaii. I know the basics of geography, thank you. Sorry, I wasn’t sure what you meant. I’ve never heard anyone say they were “going bacck to the islands/islands” for any country. [/quote] ---
**Author:** ![Monty](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/monty/32/47_2.png) [@Monty](https://boards.straightdope.com/u/Monty)\ **Post date:** [August 19, 2005, 2:11pm UTC](https://boards.straightdope.com/t/japanese-death-penalty/317662/19 "2005-08-19T14:11:57Z")
I imagine that someone from the island of Hawaii might refer to that particular island as “My island” and the entire state of Hawaii as “My state.” But that’s just my imagination, perhaps. ---
**Author:** ![Martiju](https://avatars.discourse-cdn.com/v4/letter/m/e8c25b/32.png) [@Martiju](https://boards.straightdope.com/u/Martiju)\ **Post date:** [August 19, 2005, 3:11pm UTC](https://boards.straightdope.com/t/japanese-death-penalty/317662/20 "2005-08-19T15:11:22Z")
> [@groman](#): > > I think US is the only country with the general population having a stronger devotion to due process than to social revenge. > > * * * > > Well generally, unless you mention child molesters, most people believe you should not be executed until all your appeals run out. Yes, I think the point was that if the general population believes in the death penalty, they do have a strong belief in social revenge - stronger than those countries which don’t practice it at all! [Next page](https://boards.straightdope.com/t/japanese-death-penalty/317662.md?page=2)