Wednesday, November 9, 2011

Why is the conviction rate 99% in Japan?

Question:


99% of people charged with a crime in Japan are convicted. This is EXTREMELY high. What's the reason for it?

Are the police using coercion to get confessions out of people, even if they're innocent? Or maybe the police always drop charges against anyone unless the evidence is a slam dunk iron-clad no-brainer? Or perhaps the court system is heavily weighted in favor of the prosecution, causing innocent people to lose at trial?

Any information is appreciated! Thanks!

Answer:


This question is often brought up by Americans.
The answer is that Japanese police cannot arrest suspects unless their crimes are evident (or provable). Japanese Police Law strictly prohibits police from arresting people unless there is a convincing evidence to prosecute the suspects.

So, they take enough amount of time for investigation before arresting the suspects unless the crime is committed on the spot. Unlike the police in the US who easily arrest people and release them in a couple of days or a week for "lack of evidence," Japanese police need to have "a convincing and prosecutable evidence" when they arrest the suspects. Accordingly, their conviction rate is high.

Once the suspects are indicted, they are sent to the prosecutors office for further investigation before they are sent to the court. If the prosecutors found the indictment is unlawful, police would be severely blamed, and that is a big shame for the police. This is why Japanese police is extremely cautious whether or not the suspect should be arrested or not.

Note:
I hate Japanese police. They took me to police stations 3 times as a suspect. I was interrogated for a few hours each time. But, they could not arrest me, because they did not have an evidence for what they thought my crime which I did not committed. I hate police, but I can say that Japanese judicial system is working properly to a large extent.
There is no rule without exception, not to mention.

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