Justice versus Conscience

1. High Conviction Rates

One of the most notable aspects of Japan’s justice system is its exceptionally high conviction rate, which is often cited as over 99%. While this statistic can be interpreted as a sign of an efficient legal process, it has raised concerns about whether it reflects unfair practices or biases. Critics argue that the high conviction rate might be due to:

• Prosecutorial bias: Japanese prosecutors tend to bring cases to trial only when they are almost certain of a conviction.
• Pressure on defendants: There’s also concern about the treatment of suspects, especially under the “substitute prison” (daiyo kangoku) system, where suspects can be held for extended periods without charge, leading to coerced confessions.

2. Detention and Confession-Based Convictions

Confession plays a crucial role in the Japanese justice system, and this emphasis on confessions has attracted criticism. Suspects can be detained for up to 23 days without being formally charged, during which time they may be subjected to intense interrogation. Critics argue that this can lead to false confessions, especially given the lack of legal representation during interrogations.

• False confessions: Some high-profile cases of wrongful convictions have been attributed to forced or coerced confessions, sparking debate about the ethics and reliability of the system.

3. Lack of Transparency in Trials

Japan’s judicial process is sometimes criticized for a lack of transparency. For instance, during trials, defense attorneys have limited access to evidence, which can make it difficult for them to prepare an effective defense. This issue is compounded by the absence of plea bargaining, although some reforms have introduced a limited form of plea bargaining in recent years.

4. Death Penalty

Japan is one of the few developed nations that still retains the death penalty. The country executes prisoners by hanging, and the process is often shrouded in secrecy. Prisoners are typically not informed of their execution date until the morning it is scheduled to happen, a practice criticized as inhumane by human rights organizations.

• International criticism: Human rights advocates frequently highlight Japan’s use of capital punishment, particularly its treatment of death row inmates who can spend years, sometimes decades, in isolation before being executed.

5. Treatment of Foreigners

Foreign nationals in Japan often face additional challenges within the justice system. Language barriers, lack of adequate legal representation, and cultural misunderstandings can lead to unfair treatment. Furthermore, foreigners who are accused of crimes might be more vulnerable to harsher sentencing or longer periods of detention.

6. Recent Reforms

Japan has taken steps to reform parts of its justice system in recent years. For example:

• Introduction of lay judges (saiban-in): In 2009, Japan introduced a mixed panel of lay judges and professional judges for serious criminal cases. This reform aimed to make the system more democratic and transparent by involving ordinary citizens in the decision-making process.
• Limited plea bargaining: In 2018, Japan introduced a plea bargaining system, which allows suspects to negotiate lighter sentences in exchange for information or confessions. However, its use is still limited, and critics argue that it could lead to new forms of coercion or abuse.

7. High-Profile Cases

Several high-profile cases have brought global attention to Japan’s justice system:

• Carlos Ghosn case: The arrest and prolonged detention of former Nissan CEO Carlos Ghosn in 2018 raised concerns about Japan’s detention practices, sparking international debate about how suspects are treated in the system.
• Iwao Hakamada case: Hakamada was on death row for over 40 years before new evidence revealed that his conviction was based on a forced confession. His case highlighted the risks of Japan’s reliance on confessions and the flaws in its handling of capital punishment cases.

Conclusion

Japan’s justice system is efficient, with low crime rates and a reputation for order. However, it also faces significant challenges and controversies, particularly around issues of confession-based convictions, prolonged detentions, and a lack of transparency. While there have been some reforms, including the introduction of lay judges and limited plea bargaining, critics argue that more substantial changes are needed to address potential human rights violations and ensure a fairer, more transparent legal process.