Spanish man convicted of drug smuggling in lay jury trial

Saturday 21st November, 05:49 AM JST

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TumbleDry at 10:06 PM JST - 21st November

dolphingirl: more you smuggle, more jail time you accumulate.
TumbleDry at 10:10 PM JST - 21st November

Foxie: No. I don't agree. The people being caught with a few grams for personal use and people carrying several kilos to resell it should not receive the same sentence. This is not the same.
smithinjapan at 12:53 AM JST - 22nd November

TumbleDry: "smithinjapan: Foxie: what is the difference between "taking meth, possession of a FEW grams of meth" and "being caught with 1.2Kg of stimulant, lying about it"? You guys have a serious problem with math..."

That doesn't fly, my friend. I don't agree with Foxie that the amount doesn't matter, but since you're making reference to certain celebs that were in possession of drugs, it should be pointed out that they admitted to abuse above and beyond what they were holding at the time of capture (or in one fugitive's case -- at the time she chose to flee). So you have drug abuse, evading police, and more. And what about Oshio and the woman who died beside him? Again, while I don't think having a small amount warrants as much punishment as having a lot (let alone smuggling!) there is on way you can deny the bias of 100% suspended sentences for the J-crew (and not just in these cases either, but the growing number of Waseda or Kyoto Uni kids) while this guy gets the most severe sentence I've heard of for the offense.
smithinjapan at 12:59 AM JST - 22nd November

TumbleDry: "Foxie: No. I don't agree. The people being caught with a few grams for personal use and people carrying several kilos to resell it should not receive the same sentence. This is not the same."

It doesn't matter if you agree; Japanese law doesn't distinguish between hard/soft drugs, nor does punishment (in the books) vary too much based on amount. Come on, bud! You see it time and time again: the Brazilian student is caught with a joint and he's expelled and sent home packing from university. The Japanese student gets caught with a baggie and he simply needs to blame the Brazilian student, or some non-existant 'foreigner', and he's gone. A Russian sumo wrestler or two test positive for THC and they get the boot disgracefully from both the nation and the sport. The Japanese test for it and suddenly they can't remember doing it, but they somehow later remember buying it from a foreigner, and the JSA decides they'll do their own investigation (which of course frees all Japanese from positive tests). The Japanese celebs use and abuse drugs, run away from the law, or let a person die beside them and it's suspended sentences all around, with hundreds of fans cheering them on. You get a foreigner with some drugs and it's a 100% guaranteed conviction and maximum jail time.

Prove me wrong.
TumbleDry at 01:35 AM JST - 22nd November

smithjapan: "You get a foreigner with some drugs and it's a 100% guaranteed conviction and maximum jail time. Prove me wrong." So I guess you don't remember the Swiss girl being released after being caught with amphetamines a few month ago...

She has been sent home, free.

The Russian sumo hasn't been prosecuted. Waste of time. He has been fired from the Sumo Association.

"And what about Oshio and the woman who died beside him?" Oshio has been sentenced for using MDMA. The case of the dead girl is not over yet.

The riches and celebrities always had, have, will have a better treatment. Too bad. Abuse the system or get abused. Get over it.
smithinjapan at 01:50 AM JST - 22nd November

TumbleDry: " Abuse the system or get abused. Get over it."

Thanks. You answered a lot of questions as to your haphazard thinking posts with that one. Forget to add the 'foreigner' part into the abuse the system or get abuse equation, which was the whole point of your original 'argument' against what Foxie, me, and half a dozen others said, but like I said I appreciate you admitting your bias flat out. :)
TumbleDry at 02:14 AM JST - 22nd November

smithinjapan: is it paranoia? You know the rules. Don't do anything illegal and you'll have no problem. A foolish Spaniard has been caught with 1.2Kg and get sentenced to 10years.

"Forget to add the 'foreigner' part into the abuse the system or get abuse equation". The 'foreigner' has nothing to do here.

"which was the whole point of your original 'argument'" Nope. My point is that using drugs and dealing drugs is not the same. Therefore, not the same sentence. Remember that the Russian wrestler hasn't been prosecuted while he admitted using drugs and the marijuana cigarette in his wallet was his.
smithinjapan at 02:30 AM JST - 22nd November

TumbleDry: To a very small extent we are on the same page. I agree that dealing and possession are two very different things. So do most Western countries' laws. Japan does not so easily fit into that, because the cases and punishments tend to vary based on who the defendant is.

"Don't do anything illegal and you'll have no problem."

Or do anything you want if you're famous and you're fine. One point of mine, but not the main one.

'"Forget to add the 'foreigner' part into the abuse the system or get abuse equation". The 'foreigner' has nothing to do here.'

And yet here we are talking about a foreigner, by comparison or not. I'm not paranoid in the least, to get back to your original 'question'. However, the fact remains that Japanese for the same crimes or even worse crimes receive lesser punishments.

Let's just cast all the foolish side-stepping "arguments" and topic changes aside and let me ask you straight, do you think this guy would have gotten 10 years for the EXACT SAME CRIME if he were Japanese?
TumbleDry at 03:00 AM JST - 22nd November

smithinjapan: "Japan does not so easily fit into that, because the cases and punishments tend to vary based on who the defendant is." If a celebrity get caught with 1.2Kg in his shoes, she won't get a suspended sentence.

"Or do anything you want if you're famous and you're fine" Abuse or get abused. Again, few grams or kilos are not the same.

"However, the fact remains that Japanese for the same crimes or even worse crimes receive lesser punishments." Note that I'm pretty sure that he/she won't get the half nor the 2/3. I don't have a proper sample nor you but we have to remain realist. I don't believe he has been charged to 10 years just because he is a foreigner.
DickMorris at 05:09 AM JST - 22nd November

Should say "100% sure".
BurakuminDes at 11:55 AM JST - 22nd November

TumbleDry-the bottomline should be 'drugs'. Drugs are illegal here and therefore the punishment should be the same whether that means 2g or 20kg

These stimulants are illegal in most countries - however suggesting that the penalty be the same for a small-time user as for a big time drug dealer is a pretty radical argument! You will have to build some pretty massive prisons in every nation - including Japan - to achieve this!
Rodney_King at 12:28 PM JST - 22nd November

Forget to add the 'foreigner'

He is spanish not "foreigner". You are foreigner and you expect the same treatment as citizens? Are you from another planet? It just can't happen on earth. The spanish guy got 10 years and maybe a japanese may have 5 years or even 2. So what?

10 years is just fine. He will be free in 8 or 7 years for good behavior.
dolphingirl at 03:34 PM JST - 22nd November

I think the punishment depends on a number of factors and unfortunately, celebrities do sometimes get off easier than your average citizen and citizens do sometimes get off easier than a foreigner. Not always, but in some cases. (not just in Japan but in many countries) Another factor is how much drugs are found in that person's possession and also important is whether the person seems to be telling the truth and whether he/she seems to regret the crime.
kitzrow at 07:41 PM JST - 23rd November

Years ago John Lennon was not allowed in the country for carrying a reefer and an old softball buddy had to do three years hard time in Fuchu prison when 2kgs of hashish was found in his locker in Shinjuku. This is not how it was on my university campus as I remember when the Carpenters were performing and the entire arena smelled of people smoking joints. Those were the times then and not as prevalent these days, but Japan has always had a strict rule about drugs and more or less it is enforced whether one is Japanese, American or from the Bahamas. To me this means an even safer Japan!
honey at 07:37 PM JST - 24th November

Japanese law for murder depends also,If you kill one person or two,the sentense is different.Anyway,Travelling with drugs is risky and that is all.