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Why Japan’s Conviction Rate Is 99 Percent

anuskseo by anuskseo
October 25, 2022
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Introduction

Japan’s conviction rate is very high. It is said that the conviction rate in Japan is over 99 percent. It is not a result of force because prosecutors prosecute cases after thoroughly examining whether a crime can be proven. The prosecutors in Japan decides whether they will prosecute or not prosecute a case. If they prosecute, they must prove that the person is guilty in a criminal trial. That is why this country’s conviction rate is so high. On the other hand, they choose extremely solid cases to take to trial. As their conviction rate is so high, it defeats the whole purpose of having a judge overlooking the case, and the concept of a fair trial. For this reason, prosecutors seriously consider whether they can prove the case with the existing evidence, and they believe they can prove it. So, a case that is prosecuted will result in a conviction is still high.

The Reasons for the High Rate of Conviction

The process of picking and promoting judges in Japan is very standard that are specially designed. For this reason, this country can ensure independent and liberal-minded judges. If the number of acquittals per year is 5,000, a good number of people are not prosecuted due to insufficient evidence in the first place. If the prosecutor is not sure whether to prosecute or not, they feel that there is not enough evidence.

It is a major characteristic of Japanese criminal trials that an extremely high conviction rate of 99%. According to recent statistics, the conviction rate in the first instance trial has reached approximately 99.9%, which is proved by using the calculation method. This method contrasts the number of guilty and not guilty personnel. This rating is sometimes referred to as “precision justice” which is the prosecution practice of precision prosecution. So,Japan has a 99%convictionrate.

You will be surprised when you learn that about 80% of criminal offenses arrested by the police are not prosecuted. These cases referred to the public prosecutor’s office by the police are generally divided into two categories. These categories are mandatory cases and voluntary cases. Mandatory investigations mean arrests and searches that are conducted in the latter. On the other hand, voluntary investigations are conducted that are handled by the police. There are some minor crimes such as shoplifting, bicycle theft, assault/injury, destruction of property, etc.

They are referred to by the police as voluntary cases that are not prosecuted. They are dealt with as non-prosecution cases as well. This case is referred to the court as a compulsory case in Japan. Judges show independent minds with a lack of promotions or demotes and transferred to unimportant areas that make the judges submissive to the ruling party. There are about 30% of murder cases. These cases are prosecuted and only 2 percent of the suspects are sentenced to prison. This surprising scene has not changed for more than two decades.

Conclusion

There are more than 100,000 cases in Japan that are sent to the prosecutor’s office nationwide, and the percentage of suspects actually incarcerated in prison is still quite small. 80% of those arrested are not prosecuted, and it is true that even if they are caught they will not be put in prison. On the other hand, it is also true that 99.9 percent of those who are prosecuted are foundguilty.

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