I can't logically think of any other lawfully worse punishment than what was described in the article. I don't know what they'd do for breaking rules in these situations, to be honest.
If he stabbed someone and got this treatment, it would be very different than if he had a loud but normal argument you might see in any big box store in the US.
That he doesn't go on to protest why he got locked up makes me think it was something more serious.
Some time ago (can't easily find it anymore) there was a expose on UK prisons, which was interesting without even knowing what crime the prisoner was convicted of, but turns out it was abuse of a relative.
https://en.wikipedia.org/wiki/Criminal_justice_system_of_Jap...
It also makes the act of accusing incredibly powerful, and you have to wonder what threshold there is and whose accusations matter, because this severe punishment for dropped charges feels extremely powerful.
If they confess, it counts as a win. If they don’t, you release them but it’s not a loss (as they were not charged).
In Japan you can be arrested while an investigation is in process, only afterwards you will be indicted. Additionally, Japan does not permit defendants to post bail prior to an indictment.
Yes Japan has a really high conviction rate, but that is because they indict only cases were a conviction is likely.
Arrests don't need to lead to the person being indicted.
By comparison, you might consider https://www.pewresearch.org/short-reads/2023/06/14/fewer-tha... :
> In fiscal year 2022, only 290 of 71,954 defendants in federal criminal cases – about 0.4% – went to trial and were acquitted
So does the US.
https://www.pewresearch.org/short-reads/2019/06/11/only-2-of...
But is it OK to risk punishing a few innocent people if it greatly reduces the amount of suffering caused by crime?
I’m not familiar with this term. Is that an old thing?
Nah, it's a principle that was brought in from English common law. E.g Blackstone's Ratio[0] was published at roughly the same time as the American revolution was playing out, and cited plenty of earlier formulations of the same principle. Habeas Corpus was codified in the Magna Carta, but predated it as a concept.
You're right than I'm oversimplifying it, and being very US centric.
>Both cases were ultimately dropped and the second arrest was essentially tied to the first and shouldn’t have even been possible. But because of how the system works weather it’s a viable reason or not, they can still trap you in there for a time while the case is being reviewed. I met others who where there for shorter and much longer periods of time. The worst part was knowing i was innocent. After it’s all said and done you walk out and they act as if nothing happened. Not only was this was all extremely traumatizing but it cost me a HUGE of money that I really did not have and caused irreversible damage to my life.
The literal majority of people in US jails are there not because they have been convicted of anything but because they were given a bail amount they couldn’t afford to pay, which is a deliberate strategy by the courts when there is no justification to refuse bail. This can look like a $500 cash bail set on a homeless guy charged with resisting arrest (aka being arrested). Many of them are innocent and are trapped and have their lives ruined in exactly the way this guy describes. (We assume that many of them are innocent because when someone pays their bail, more than 50% of cases are simply dismissed as soon as they leave jail. The expectation is that they will just plead guilty because otherwise they are stuck in jail for months waiting for a trial).
This sounds like a very dubious assumption.
Even for smaller examples it happens all the time. Half the time you can completely get out of traffic tickets by showing up to court to plead not guilty. They dismiss the case because it's not worth the time.
I always assumed this kind of behaviour was cherry picked on social media. How “normal” is it actually?!
But essentially, somebody else sent her a package with something illegal in it that she didn't ask for. The police took her passport for a few months and searched her house. After a few months, she got her passport returned to her, she left Japan temporarily, but when she came back, they arrested her "to ensure [she] wouldn't flee while they finished the investigation".
She also mentioned it was "the most normal type of thing you can think of"; it might have been something like pseudoephedrine/Sudafed. That's a common over-the-counter drug in other countries but it's very illegal here in Japan (unless it's under 10%, or you buy it from Japan)!
_Edit_: Importing pseudoephedrine above 10% concentrations is illegal, but you can legally buy some higher concentrations over-the-counter while in Japan.
E.g. Contac 600 Plus can be found in basically all drug stores and it has 120mg of Pseudoephedrine, 100mg Caffeine, 8mg Chlorpheniramine, and 0.4mg of Belladonna Extract. It sounds like it'll actually be illegal to import into Japan, since 120/(120 + 100 + 8 + 0.4) is over 10%, but I've previously just walked into a drug store and bought a packet.
Due to their history, laws regarding stimulants are harsher in Japan than in many other places in the world [1] and this frequently takes people by surprise. Not that Japanese laws related to illegal drugs are lenient to begin with.
[1]: https://en.wikipedia.org/wiki/Illegal_drug_trade_in_Japan
> She also mentioned it was "the most normal type of thing you can think of";
This doesn't really answer the question, though. It's frustrating to try to interpret these stories with a lot of writing and video describing everything except the crucial detail about what the charges were for.
I don't think she's trying to withhold information to avoid contaminating the case because she's spilling other details all over the place that could be used to influence the case. Yet the key piece of information that is supposedly "the most normal" isn't revealed
Is it really a crucial detail though? As someone having lived in Japan for a long time, I see no reason why we can not discuss the fact that civil rights and detention treatment in Japan are lacking without resorting to "Do they deserve it in light of what they were suspected for?". I personally see no reason why suspects can not deserve decent sleep, meal, bedding, etc. Even if they may even be Shoko Asahara himself.
For the record, I have not watched any video or read anything else about this individual. Nor do I intend to.
I dont think so. I think innocent until proven guilty is the right way to go. Because all the police know is that he is accused of stabbing someone. Whether he actually did it or not, a court of law will decide that while he is present to be tried. Until then You cant punish someone like this over an accusation. You can deny bail if the person might be dangerous, but you cant punish them
This is bullshit and the japanese should be ashamed of having such a system while being considered a part of the civilized world. If this was china people would be rightfully losing their mind
This attitude is so unbelievably prevalent among native English speakers. "Obviously everyone should speak *my* language -- why should I ever have to learn another one?"
Seriously, what is so baffling about expecting an interpreter to be provided? Even if you do "speak" the language, this is not some everyday environment, and evidently not a good-faith one either. If I got into a similar situation in the US or similar, you can be sure as shit I'd ask for one too, even though I do believe I have a reasonable command over the English language in general.
I guess I see what you mean, but I feel there would have been a way to express this all better.
A bad article (if that's what it is—I haven't looked yet) doesn't make it ok to break them, and a bad thread doesn't either.
(* I don't mean you personally of course, but all of us)
That's not the issue. At least in the US it is unconstitutional to bar inmates from speaking or communicating in non-English languages.
Likewise the US legal system is required to provide you an interpreter who can speak in a language you are proficient in.
Whether these rights are properly upheld in the US is another question but they are rights you are entitled to.
That's the main issue. These are rights that Americans are accustomed to and it's not always obvious to them when they leave the country that these rights aren't universal among developed countries.
Fact check... anyone can confirm this treatment is standard in Japan?
As a Mexican friend puts it for Mexico: Dress as the police should believe you.
For those somehow actually considering this: make sure to check local laws, might be super illegal or at least inadmissible, (im)morality nonwithstanding. Although just because it's illegal, inadmissible, or immoral, doesn't mean you shouldn't do it of course.
Also maybe don't use the Meta glasses for this, even if you do decide to go for it. Not so sous anymore if you do.
The conviction rate was already terrifying, but this probably nails the coffin.
And this in a country where the yakuza is a sanctioned part of the society?
Being laxist towards criminals is not just being cruel to the victims to me: to me is downright complicity with the criminals.
HPMOR•1h ago
xyzelement•1h ago
HPMOR•1h ago
disillusioned•1h ago
In this case, the author evidently _was_ a law abiding person, so the optimization failed, senselessly, likely out of a systemic effort to strike enough fear in the populace to over-index towards avoiding the possibility of this sort of situation. (Much like Singapore caning people for minor offenses.)
Whether or not you agree that such draconian punishments or processes are effective or fair is a different discussion, but this person was LITERALLY not supposed to be in jail, so how fair is it that they were removed from polite society for over a month in such poor conditions and at considerable expense?
blargey•1h ago
Especially If you’re wrongfully arrested. “Optimizing society for law abiding people” means the opposite of what you think it means.
hackyhacky•1h ago
Jail's job is to keep you around during your legal process. You're not supposed to enjoy jail but it's not supposed to be torture, either. Torture does not belong in a civilized society and especially should not be used against those who have not even been formally charged. much less convicted, of a crime.
torben-friis•1h ago
Hard disagree. Prison is the one you're not supposed to enjoy, jail is the place you use to keep people BEFORE they are judged.
A jail should limit the people held only as much as needed for the safety of the public and the handlers, but no punishment should be inflicted because no one's a convicted criminal (yet).
And in any case, prison should have a strong component of making the guilty person fit to live among others. A person that's been made to sit still staring at the wall for all their waking life for years is a person I definitely don't want as a neighbour, because there's no way they come out of that sane.
Gigachad•1h ago
drunner•1h ago
threatofrain•24m ago
You can have western values while also having Japanese peacefulness.