# 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:** 9\ **Page:** 3
**Author:** ![Aeschines](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aeschines/32/16251_2.png) [@Aeschines](https://boards.straightdope.com/u/Aeschines)\ **Post date:** [August 20, 2005, 7:21am UTC](https://boards.straightdope.com/t/japanese-death-penalty/317662/41 "2005-08-20T07:21:54Z")
> [@bizzwire](#): > > 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. Oh, please, can we dispense with the uninformed pseudo-truisms and stereotypes combined with unjustified extrapolation? Why is it that Japan always gets the “just musing here” treatment so much more than other countries? AFAIK, the OP is right: the death penalty is applied as he says. It’s not very “nice.” On the other hand, the death penalty is not used very much in Japan, usually for only quite heinous cases. There are no jury trials in the Japan legal system, but before we get into how “tough” the system there is (as in “tough shit for you”), people often complain about how wishy-wishy the system there is, since a life term usually means people are out pretty quickly (I have read an average of 18 years, but that was a while back). My point is not to lecture on the system there; I am far from an expert. But I know enough not to glibly characterize the system there as “tough.” As far as “going back to the islands,” a Japanese person wouldn’t say that. “Nihon ni kaeru” or “go back to Japan” would be the typical way of putting it. Japan is sometimes referred to as a “shimaguni” (island nation), often in talking about its past/current isolation, but the sense of it being a chain of islands is not often considered or expressed. ---
**Author:** ![cckerberos](https://avatars.discourse-cdn.com/v4/letter/c/f0a364/32.png) [@cckerberos](https://boards.straightdope.com/u/cckerberos)\ **Post date:** [August 20, 2005, 8:44am UTC](https://boards.straightdope.com/t/japanese-death-penalty/317662/42 "2005-08-20T08:44:33Z")
> [@Aeschines](#): > > Oh, please, can we dispense with the uninformed pseudo-truisms and stereotypes combined with unjustified extrapolation? Why is it that Japan always gets the “just musing here” treatment so much more than other countries? Not to pick on **bizzwire** , but I’ve noticed this tendency as well. I think it happens with Japan more than most other countries largely because of Japan’s exposure in the US and the number of threads started about it, not to mention that a fair number of the “pseudo-truisms and stereotypes” are perpetuated by uninformed Japanese themselves. But it’s certainly not limited to threads about Japan… **Collounsbury** drove himself over the edge because of what he perceived as a similar problem regarding the Middle East, and I’ve noticed threads where lawyers stepped in to try to fight uniformed, innaccurate legal advice. > [@](#): > > AFAIK, the OP is right: the death penalty is applied as he says. It’s not very “nice.” On the other hand, the death penalty is not used very much in Japan, usually for only quite heinous cases. Such as [Hayashi Masumi](http://en.wikipedia.org/wiki/Masumi_Hayashi) (just wanted to toss her name out because I taught at the elementary school in the area where she did her poisoning.) > [@](#): > > There are no jury trials in the Japan legal system, but before we get into how “tough” the system there is (as in “tough shit for you”), people often complain about how wishy-wishy the system there is, since a life term usually means people are out pretty quickly (I have read an average of 18 years, but that was a while back). > > My point is not to lecture on the system there; I am far from an expert. But I know enough not to glibly characterize the system there as “tough.” I’m going to quote a passage from “Sheathing the Sword of Justice in Japan: An Essay on Law Without Sanctions,” an interesting article by John Haley. The article is more related to civil matters and is a little old, but I think it’s still relevent regarding the “toughness” and character of the Japanese criminal system. > [@](#): > > Confession, repentance, and absolution provide the underlying theme of the Japanese criminal process. At every stage, from initial police investigation through formal proceedings, an individual suspected of criminal conduct gains by confessing, apologizing, and throwing himself upon the mercy of the authorities. > > …I should note quickly that the confession does not provide a shortcut to conviction as in the United States. It does not save the police and prosecutor the time and effort of obtaining other evidence to prove guilt. There is no guilty plea in criminal cases in Japan; there is no plea bargaining. In every case brought, the prosecution must prove that a violation was committed by the defendant… for each case that goes to court the prosecutor must marshal evidence other than the confession to prove the accused guilty. > > Held out to each suspect, however, is the promise of absolution if he does confess and apologize, and Japanese authorities respond in predictable fashion. Under article 248 of the postwar Code of Criminal Procedure… the procurator may suspend prosecution after taking into consideration… the circumstances following the offense… For the Japanese prosecutor the accused’s attitude - in other words his willingness to confess and apologize - is critical to the decision whether to prosecute or not. In 1972, 94% of all persons formally admitted guilt, and in approximately 33.3% of all cases involving non-traffic offenses prosecution was suspended. > > Judges repeat the pattern. **The rate of conviction in the cases that go to trial is currently 99.9%. In less than 3% however, do the courts impose a jail sentence; and 87% of these are terms of less than 3 years** … the overwhelming majority of offenders in Japan confess and are either not prosecuted or are penalized by a fine of less than $250… A primary purpose of trials in Japan, Japanese judges emphasize, is to correct behavior, not to punish. Nor, one might infer from the conviction rates, to determine guilt. To directly address **bizzwire** ’s suggestion, I haven’t really noticed the Japanese having more of a tendency of assuming that “if you’re arrested, you’re guilty” than the American public does. I have noticed that many Japanese (that I’ve spoken to, at least) seem to regard their police as incompetent, which would seem to work against that tendency. In any case, of course, those on death row have not merely been arrested, but convicted as well. I imagine that the vast majority of Americans assume that someone convicted of a crime was guilty of that crime. ---
**Author:** ![Celyn](https://avatars.discourse-cdn.com/v4/letter/c/9dc877/32.png) [@Celyn](https://boards.straightdope.com/u/Celyn)\ **Post date:** [August 20, 2005, 12:49pm UTC](https://boards.straightdope.com/t/japanese-death-penalty/317662/43 "2005-08-20T12:49:55Z")
> [@groman](#): > > I think US is the only country with the general population having a stronger devotion to due process than to social revenge. Do you? Would you like to prove that, please? ---
**Author:** ![CC](https://avatars.discourse-cdn.com/v4/letter/c/f1d935/32.png) [@CC](https://boards.straightdope.com/u/CC)\ **Post date:** [August 20, 2005, 1:56pm UTC](https://boards.straightdope.com/t/japanese-death-penalty/317662/44 "2005-08-20T13:56:31Z")
> [@Celyn](#): > > Do you? Would you like to prove that, please? Can’t be done. ---
**Author:** ![Aeschines](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aeschines/32/16251_2.png) [@Aeschines](https://boards.straightdope.com/u/Aeschines)\ **Post date:** [August 20, 2005, 3:01pm UTC](https://boards.straightdope.com/t/japanese-death-penalty/317662/45 "2005-08-20T15:01:04Z")
Erudite, **cckerberos** , erudite. Thanks for the info. ---
**Author:** ![bizzwire](https://avatars.discourse-cdn.com/v4/letter/b/958977/32.png) [@bizzwire](https://boards.straightdope.com/u/bizzwire)\ **Post date:** [August 20, 2005, 4:10pm UTC](https://boards.straightdope.com/t/japanese-death-penalty/317662/46 "2005-08-20T16:10:47Z")
> [@Aeschines](#): > > Oh, please, can we dispense with the uninformed pseudo-truisms and stereotypes combined with unjustified extrapolation? Why is it that Japan always gets the “just musing here” treatment so much more than other countries? > > AFAIK, the OP is right: the death penalty is applied as he says. It’s not very “nice.” On the other hand, the death penalty is not used very much in Japan, usually for only quite heinous cases. > > There are no jury trials in the Japan legal system, but before we get into how “tough” the system there is (as in “tough shit for you”), people often complain about how wishy-wishy the system there is, since a life term usually means people are out pretty quickly (I have read an average of 18 years, but that was a while back). > > My point is not to lecture on the system there; I am far from an expert. But I know enough not to glibly characterize the system there as “tough.” > > As far as “going back to the islands,” a Japanese person wouldn’t say that. “Nihon ni kaeru” or “go back to Japan” would be the typical way of putting it. Japan is sometimes referred to as a “shimaguni” (island nation), often in talking about its past/current isolation, but the sense of it being a chain of islands is not often considered or expressed. Sorry to offend your finer sensibilities, mate. I must have missed the memo which stated that informed opinions are no longer permissible. Which “pseudo truisms” exactly were you railing against? The cited State department figure on confession rates, or my view that the average Japanese assumes someone who has been arrested and/or confessed is probably guilty? Read it again; I didn’t claim the judicial system was saying “tough shit for you,” I was saying that, as far as the average Yoshi, Toshi, or Machi is concerned, if someone gets hung without due process, well, “tough shit.” (note- admittedly painting with a wide brush) This “pseudo-truism” was forged from conversations with my co-workers and observations I made while a _sararii-man_ at Mitsubishii-Yuka in Tokyo (Where I was responsible for developing steroid-abuse testing methods), as well as conversations with and comments by my Japanese wife of 21 years. I realize that this does not make me an expert, hence the weasel words which you found so irritating. I thought I had a valid viewpoint. Not as arresting, say, as a discussion on the fact that Japan consist of several islands, but something I thought (mistakenly, evidently) worth bringing up. I promise that I will only stick to empirical, peer-reviewed facts in the future, if you will do the same. Otherwise, please feel free to be blowing it out your honorable bottom-hole. ---
**Author:** ![CC](https://avatars.discourse-cdn.com/v4/letter/c/f1d935/32.png) [@CC](https://boards.straightdope.com/u/CC)\ **Post date:** [August 20, 2005, 6:54pm UTC](https://boards.straightdope.com/t/japanese-death-penalty/317662/47 "2005-08-20T18:54:51Z")
Bravo! Bravo! Bravo! Oh, Bravo!!! ---
**Author:** ![BarnOwl](https://avatars.discourse-cdn.com/v4/letter/b/e95f7d/32.png) [@BarnOwl](https://boards.straightdope.com/u/BarnOwl)\ **Post date:** [August 20, 2005, 7:12pm UTC](https://boards.straightdope.com/t/japanese-death-penalty/317662/48 "2005-08-20T19:12:49Z")
> [@CC](#): > > Bravo! Bravo! Bravo! Oh, Bravo!!! Ditto!!! ---
**Author:** ![bibliophage](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bibliophage/32/7615_2.png) [@bibliophage](https://boards.straightdope.com/u/bibliophage)\ **Post date:** [August 20, 2005, 10:33pm UTC](https://boards.straightdope.com/t/japanese-death-penalty/317662/49 "2005-08-20T22:33:06Z")
Factual question answered, thread closed. My-legal-system-can-beat-up-your-legal-system types are invited to partake of our other fine forums. bibliophage moderator GQ [Previous page](https://boards.straightdope.com/t/japanese-death-penalty/317662.md?page=2)