Why is the Conviction Rate in Japan 99 Percent?

SDGundamXsays...

This has become a pretty big issue in Japan recently, especially since a couple of years ago when it was discovered that prosecutors in the city of Osaka had unlawfully obtained confessions fabricated evidence for dozens of cases. The scandal led to lots of resignations and calls for re-trials.

There have actually been a lot of people in the past couple of years let off death row here because new evidence (DNA, crime reconstructions, etc.) has shown that they could not have been responsible for the crime. Still, the system is totally borked right now and the police/prosecutors have most of the power. There's been a lot of talk about the changes that need to be made (limiting interrogation times, requiring all interrogations to be video recorded, etc.) but nothing concrete has happened yet AFAIK.

MilkmanDansays...

"Life in prison here is draconian."

Because they can't talk to other inmates, read books, watch TV, use exercise equipment, etc. all the time?

I think I'd take those "draconian" conditions over the ever-present threat of ass rape, getting shivved, etc. (to be fair, I'm operating under the assumption that those threats aren't as ubiquitous in the Japanese prison system, which may not be the case.) It is a prison, not a health spa; I think it is reasonable to expect some losses and limitations on privileges.

But in any case. the US system of getting pushed into a life of crime because there are extremely few other options for an ex-con (who probably ended up there due to a trivial drug charge) seems rather more "draconian" to me.

ChaosEnginesays...

Saying you must choose between getting shivved/raped and being isolated is a false dichotomy.

Obviously, the US prison system is awful (doubly so since it seems almost designed to discourage rehabilitation). That doesn't mean that the Japanese system is good, only less bad.

On a personal level, I completely understand the desire to punish criminals for their crimes. If someone wronged me, I would want them to suffer for it.

But as a society, we need to move past that. Maybe prison SHOULD be a health spa. If it resulted in lower recidivism, wouldn't that be worth it? And I don't think it would encourage crime. Even the nicest cage is still a cage.

But at a very basic level, exercise and social interaction are necessary for humans to function normally. Do you have any idea what enforced solitude and inactivity do to people? How can you be expected to be a productive member of society after years of that?

MilkmanDansaid:

"Life in prison here is draconian."

Because they can't talk to other inmates, read books, watch TV, use exercise equipment, etc. all the time?

I think I'd take those "draconian" conditions over the ever-present threat of ass rape, getting shivved, etc. (to be fair, I'm operating under the assumption that those threats aren't as ubiquitous in the Japanese prison system, which may not be the case.) It is a prison, not a health spa; I think it is reasonable to expect some losses and limitations on privileges.

But in any case. the US system of getting pushed into a life of crime because there are extremely few other options for an ex-con (who probably ended up there due to a trivial drug charge) seems rather more "draconian" to me.

MilkmanDansays...

@ChaosEngine --

I understand and largely agree with what you are saying, but "enforced solitude and inactivity" vs "nicest cage" is a false dichotomy in the same way my comment was. I wasn't saying that the ideal rehabilitation solutions are either "rape 'n shiv" or "isolation", just that if those *were* the only two options available to me, I think I'd personally opt for isolation.

I 100% agree that a better environment and being treated with some dignity and respect is infinitely more likely to actually rehabilitate someone than focusing on the punishment aspect. On the other hand, some limitations on the "nicest cage" approach are likely necessary. Maybe violent people need to be kept in relative isolation until they can prove that they are able to move beyond that, etc.

And I think that at some point, there has to be a tipping point in the cost-benefit analysis of "attempt to rehabilitate this person into being a functional member of society" vs "make certain that this person is physically prevented from causing any further damage to society". Those are extreme cases, but I think that in those cases "physically prevented from causing damage" might reasonably be applied through either "locked in isolation with only basic needs (food, water) provided for for the rest of their life" or the death penalty. And in most cases, I think that if it has really come to the point of those, a quick and hopefully painless death is probably the less cruel and unusual option...

newtboysays...

You seem to be unaware of studies done on people kept in isolation for extended periods of time. Invariably it causes psychosis or other, severe, permanent mental damage. I have never heard (in real life, not including movies) of a person who has endured any period of solitary who actually requested to stay there rather than be returned to the dangers of gen pop. I'm sure there have been a few, but not many.
To me, the possible danger of rape or stabbing is ridiculously preferable to solitary over any time period....and I say this as a seriously anti-social recluse.
I do agree that death is head and shoulders above life in solitary, to me isolation (and the side effects of it) is incredibly cruel, but sadly not unusual.

MilkmanDansaid:

@ChaosEngine --

I understand and largely agree with what you are saying, but "enforced solitude and inactivity" vs "nicest cage" is a false dichotomy in the same way my comment was. I wasn't saying that the ideal rehabilitation solutions are either "rape 'n shiv" or "isolation", just that if those *were* the only two options available to me, I think I'd personally opt for isolation.

I 100% agree that a better environment and being treated with some dignity and respect is infinitely more likely to actually rehabilitate someone than focusing on the punishment aspect. On the other hand, some limitations on the "nicest cage" approach are likely necessary. Maybe violent people need to be kept in relative isolation until they can prove that they are able to move beyond that, etc.

And I think that at some point, there has to be a tipping point in the cost-benefit analysis of "attempt to rehabilitate this person into being a functional member of society" vs "make certain that this person is physically prevented from causing any further damage to society". Those are extreme cases, but I think that in those cases "physically prevented from causing damage" might reasonably be applied through either "locked in isolation with only basic needs (food, water) provided for for the rest of their life" or the death penalty. And in most cases, I think that if it has really come to the point of those, a quick and hopefully painless death is probably the less cruel and unusual option...

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