Quote:
Originally Posted by BruSan
|
"Well the rest of the free and civilized world isn't doing too bad,"
Then let's apply THEIR LAWS and punishments.
You CANNOT cherry pick how different countries handle crime to suit your agenda.
It is ALL or nothing.
Do you want to do away with requiring a search warrant?
I suggest you look up Japan's sentencing of committed crimes.
"The crime rate in Japan seems incredibly low, but at the talk this May 10th (2012) Richard and Jake politely disagreed on what the reasons are for Japan’s low crime rate and the competence of the Japanese police. These are some highlights of the talk."
“about 99% of those are criminally convicted,"
"The true reason for Japan’s low crime rate, according to Mr. Parry, is not thanks to the law enforcement agencies but thanks to the Japanese people who are respectful of one another and non-violent, “not because of, but despite the frequently disgraceful performance of the Japanese police,” he explained."
Crime and Punishment in Japan : Japan Subculture Research Center
"
Arrest in Japan usually involves a lengthy stay in police detention. If you are detained,
even for minor offences such as petty theft or possession of very small quantities of illegal drugs, you may be held in detention for an extended period during the investigation and legal process. If you are detained by police for questioning, the initial interview may last several hours."
https://travel.gc.ca/travelling/advi...nal-law-system
7. You are Guilty until proven Innocent
6. You have very few rights
5. You will be heavily/aggressively interrogated
4. Your lawyer is a Moron/Liar
Defense attorneys everywhere have a very bad reputation and this is not so different in Japan. When a lawyer is finally contacted and you are allowed to meet them, do not expect much.
Date:
January 2, 2011Author:
gaijinass 172 Comments
[LEFT][COLOR=#]24 Votes[/color][/LEFT]
See also our Brutal Realities of Prison in Japan.
Disclaimer: No legal counsel have been consulted in the production of this article and this should not be considered legal advice. Instead it is a look at the realities involving arrest, interrogation and confinement in Japan regardless of ones guilt or innocence. 
Introduction
Being arrested is not too terribly different from being captured by an enemy force in a military engagement and by that I mean you’re ****ed.
This becomes exponentially more true when one is arrested in a foreign country and even more so when that country’s laws are dramatically different from those of your home country.
Japan is a highly advanced nation with a powerful economy and a fair amount of “western” ideals and culture. That having been said, the criminal justice system in Japan is uniquely Japanese and varies considerably from anything one has likely encountered in any other place. The following are realities you need to be prepared for if you are arrested in Japan….
7. You are Guilty until proven Innocent
In Japan if you’re arrested, it’s seen by the police and the prosecutor and even by society at large as a sign of your guilt.
Circular logic anyone?
This is due largely to the existence of Japan’s supremely high conviction rate, 99 percent, and a blind trust and commitment to the institutions wielding power.
After all, how could anyone ever get arrested unless they were guilty, right?
Subsequently, if you claim innocence you will immediately receive harsher treatment both during interrogation, court proceedings and particularly in sentencing. A confession of guilt is not only considered the king of all evidence (
shoko no o) in Japanese courts but is also thought to be a clear sign of remorse. This remorse is considered by the judge as an indicator of how likely the arrested individual is to actually rehabilitate and smoothly re-enter society.Clearly not arrested in Japan.
What you can do:
Relax. You have been arrested and initially all the police will want from you is information.
Slow down. Be confused. Be disoriented, at least appear to be. Consider speaking only English, avoid using Japanese. Ask about seeing someone from your Embassy. Do not sign anything.
6. You have very few rights
Everything that occurs from the moment you first meet the police to conviction in court is designed to ensure that the
state wins and
you lose. Your “rights” as they are conventionally accepted in the west simply are not a high priority. A good example here is the lack of an attorney during the lengthy interrogation periods with police.
You can be detained for questioning for up to 48 hours, then the prosecutor can grant the police a 10 day detention permission which can and will be (almost without exception) extended for up to 21 days, with a possible two-day extension after this .
This means you can be held for up to 23 days in almost all cases without being charged with any crime.
It cannot be expressed enough in this article or by the police who will interrogate you how critical this initial 24-48 hour period is. When you are arrested it will be a shocking experience. The police will likely handcuff you, search you and confiscate your belongings. You will then be taken to a police station and the initial interrogations will begin.
What you can do:
Again-Relax. Looking distressed and confused for everyone else is fine but inside you need to control yourself, slow things down and make logical decisions. You can just assume that you will be detained for the full 23 days.
You will not get bail. Accept this and begin thinking about the long-term. Who can you contact that you trust and can responsibly help you? Nobody within the institutions holding you are interested in your well-being, you have to organize a support network and hopefully your friends or family in the country can help.
5. You will be heavily/aggressively interrogated
Your interrogation will begin as soon as you are in police custody. Likely, this will begin in the van or car while you are being transported to the station and will continue in a cramped little room at the station later. This initial interrogation will last late into the night and will involve several different officers, if resources allow. You will most likely get to sleep an hour or so before you have to wake up and your second round of interrogation will begin that morning after a cold rice and boiled egg breakfast. Expect this to go all day and into the next night.
Hope you brought your appetite! At this point, the police are trying to maximize your shock and discomfort and will utilize these factors in getting you to sign an initial statement that will be as close to a confession as they can possibly make it. They will make you promises and assurances that you can go home once they have “cleared everything up” and they “fully understand the case”.
These are lies, a tactic to trick you and nothing else. This document will be what allows the prosecutor to issue the initial detention permission. However, the act of you NOT signing it can be given as suspicion to hold you further.
Catch 22: Enjoy.
Just like military interrogation, expect this initial phase to be very loud, late into the night and prepare to be bullied and even
physically coerced. A common tactic which they can easily get away with, is grabbing your shirt collar and shaking you whilst screaming in your face. It leaves no marks, does not cause pain but it is an excellent shock technique. It lets you know they are in control and hints at the possibility of more serious physical measures yet to come. This can be very unpleasant for someone who has never dealt with the
combination of physical and psychological intimidation before. Since Japanese interrogations are conducted in cramped, bare windowless rooms and are not video taped, these physical techniques are completely deniable.
What you can do:
Accept that you are going to be heavily interrogated, often for up to 12 hours per day or even more if your case is very serious, first by a group of police, then by a pair of officers dedicated to your case that play good cop/bad cop and then by the prosecutor. All will employ varying systems and techniques to try to get into your mind and illicit a confession to their satisfaction, true or not.
They are going to use various methods to make you talk and to gain your trust and compliance.
They do not care about the details, what they want is simply to get you talking to them and to form a kind of relationship based on your compliance with their demands for information.
Remember, every time you comply with their demands you are giving away a little piece of control.
You will find that as the interrogations go on and you provide information, they will make small allowances in your favor. A coffee. Moving the interrogation to a larger room with a big window. Removing your hand cuffs. Flattering you. This is all part of the system to make you comply and support them.
You should be a very
neutral man. You are not fighting them, but you are not passively obeying all commands.
Always look miserable, sick and tired but in your mind you have to maintain a strong position and realize one way or another this will all end.
Whether you are innocent and being falsely accused, lying to protect a friend or loved one, or simply a criminal trying to get off (My advice is to not get on the wrong side of the law anywhere, period), you have to stay mentally sharp in these situations because
the people questioning you are professionals.
Finally and this is critical,
avoid showing anyone how much Japanese you speak, read or write.
Insist on an interpreter. This slows down proceedings and the police officer doing the interpreting is more easily engaged as a friendly asset than the other two cops building a case against you. If you succeed in building rapport with the police interpreter, they can even subconsciously begin defending you and deflecting overtly aggressive questions from the other officers interrogating you by softening the translations and even giving you subliminal gestures and ques regarding what you should and should not say.
4. Your lawyer is a Moron/Liar
Defense attorneys everywhere have a very bad reputation and this is not so different in Japan. When a lawyer is finally contacted and you are allowed to meet them, do not expect much.
3. Your Embassy cannot Help you
2. Japan’s love of rules and order extends to confinement accommodations
The conditions of confinement both at the police stations and at the regional detention centers are designed to foster two reactions: Control and Cooperation.
1. Money Talks
Most cases in Japan, both civil and criminal and the corresponding punishments are largely effected by paying some sort of restitution or fine.
A relatively simple assault charge, a fist fight with some broken noses in a commercial establishment, can avoid prosecution by offering a payment to the victim, perhaps 10,000 US or 1,000,000 million yen and a formal, written apology.
More extreme situations involving larger amounts lost to theft or a more severe beating/attacks will also require a monetary payment and apologies to avoid a prison sentence, or a reduced sentence.
Money here says much more than it does in the western criminal justice system"
https://gaijinass.com/2011/01/02/7-b...rest-in-japan/
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