Mitsuyuki Inaba, a professor at Ritsumeikan University's College of Policy Science. He heads the Japanese version of a U.S.-led movement to exonerate wrongly convicted people. (Kyodo)
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I discovered that there are deep-rooted problems in criminal justice cases. Defendants are forced to make confessions apparently because they want to escape the relentless questioning by police who ke
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Blattamexiguus
Ya think? Who isn't surprised? Let's not forget prosecutors fabricating/tampering with evidence.
Kazuaki Shimazaki
Part of the problem is civil law's emphasis on intent. There are two basic levels of intent in common law "Did desire" and "Did not desire". Did desire would be purposely. Knowingly, recklessly and negligently can all be grouped into "did not desire".
In civil law, there are often three levels - "Desire", "Neutral" and "Did not desire". The splitting of "did not desire" into "neutral" and "did not desire" does make for more grades of culpability, but it also inevitably means you need more time to "shake" the suspect, and without the lawyer always being in the way.
Because, though objective evidence can prove actus rea (objective, factual element), they can't prove mens rea (mental element). If the police can show the suspect and his lawyer a sufficiently impressive pile of evidence, they have a chance of convincing him to agree to actus rea quickly, but who would admit mens rea when he knows you can't read his mind?
Attilathehungry
Prosecutors not acting as officers of the court is a huge problem. They should have a duty to introduce ALL evidence, not just that which is good for their case. The importance isn't winning, it is truth.
Also, the lack of privacy and confidentiality between lawyers and defendants is horrible. Combined with lack of access to counsel, this can easily make any accused lose hope in a fair trial and confess just to get it over with.
sensei258
That's where you're wrong my friend, because conviction rate is the important thing in Japan, not truth or justice
Aly Rustom
No you didn't jackass. We've been saying that all along.
Any decent country would throw confessions like that out of court.
That right there means that there is a lot more than problems. The system itself is unjust.