The Dark Secret Behind Japan’s Lack of Crime

Summary

The video script delves into Japan's 'hostage justice' system, highlighting its stark contrast to the country's low crime rates. It discusses the legal process where suspects can be detained for extended periods without charge, often leading to coerced confessions. The concept of 'face' in Japanese culture is examined as a driving factor behind this system, which prioritizes avoiding public disagreement over seeking truth. The video raises questions about the fairness and effectiveness of Japan's justice system, challenging its democratic ideals.

Takeaways

• 🏢 Japan is considered one of the safest countries in the world with extremely low crime rates.
• 👮‍♂️ The Japanese legal system is known for its high conviction rate, which is attributed to its unforgiving nature, often referred to as 'hostage justice'.
• 🔒 Suspects in Japan can be detained for up to 23 days without charge, much longer than in the US and Europe.
• 🔄 There is no limit to the number of times a suspect can be rearrested in Japan, potentially leading to indefinite detention.
• 🤝 The concept of 'face' ('men' in Japanese) plays a significant role in Japanese society, influencing the legal system's operation.
• 🗣️ Confessions are often sought over finding the truth, with suspects being pressured to admit guilt to avoid harsher penalties.
• 🚫 The system has been criticized by human rights organizations and the United Nations for denying fair trials.
• 📉 Japan's conviction rate is high because many suspects are coerced into confessing before their cases reach court.
• 👥 The Japanese court system typically uses panels of judges instead of juries, and not guilty verdicts are extremely rare.
• 🔄 Appeals are difficult due to the cultural aversion to public disagreement and the loss of face it entails.
• 🌏 Despite its effectiveness in maintaining low crime rates, the Japanese justice system raises questions about fairness and its compatibility with democratic values.

Q & A

What is the term used to describe Japan's legal system that is known for its high conviction rate?

The term used is 'hostage justice' (HTO jiho or h Justice), which refers to the practice where suspects are held in detention until they confess, often leading to a high conviction rate.

Why is Japan considered to have one of the lowest crime rates in the world?

Japan's low crime rate is attributed to its legal system, which is harsh and unforgiving, deterring potential criminals with the knowledge that if arrested, they are almost guaranteed to be found guilty.

What was the case of Carl Goone, and how did it bring attention to Japan's legal system?

Carl Goone was a foreign executive arrested in Japan on suspicion of fraud. He was held without charge for weeks, denied contact with his lawyer and family, and faced harsh interrogation conditions. His case, which involved him eventually escaping from Japan, attracted international attention and raised questions about the fairness of Japan's justice system.

How long can a suspect be held in Japan without being charged?

In Japan, a suspect can be held without being charged for up to 23 days, which is significantly longer than in most Western countries.

What is the concept of 'face' in Japanese culture, and how does it influence the legal system?

The concept of 'face' or 'men' in Japanese culture refers to the importance of maintaining one's reputation and public image. This influences the legal system by discouraging open disagreement, which can lead to a reluctance to challenge the prosecutor's case or to admit mistakes in court, thus perpetuating high conviction rates.

Why are confessions often considered the desired outcome in Japan's legal system?

Confessions are desired because they avoid the need for open disagreement or the loss of 'face' in court. It is often seen as a quicker resolution, even if it means that some suspects confess to crimes they did not commit.

What is the significance of the conviction rate in Japan's legal system?

The high conviction rate is significant as it reflects the effectiveness of the legal system in securing guilty verdicts, but it also raises concerns about the fairness of trials and the possibility of wrongful convictions.

How does the concept of 'hostage justice' affect the treatment of suspects in Japan?

Under 'hostage justice,' suspects are often held in detention for extended periods, subjected to intense interrogations without legal representation, and pressured to confess, which can lead to self-incrimination even in cases of innocence.

What criticism has the Japanese legal system faced from international organizations?

The Japanese legal system has been criticized by human rights organizations and the United Nations for its practices, which they argue deny individuals their right to a fair trial and contribute to a fundamentally unfair judicial process.

How does the Japanese legal system differ from Western systems in terms of the presumption of innocence?

In Western systems, a person is presumed innocent until proven guilty. In contrast, Japan's legal system operates on a presumption of guilt, where suspects are treated as guilty from the outset of their arrest until they can prove their innocence, often through confession.

What is the role of cultural concepts in shaping Japan's legal system?

Cultural concepts, such as the importance of saving 'face' and the avoidance of public disagreement, play a significant role in shaping Japan's legal system, influencing practices such as prolonged detention without charge and the pressure for confessions.

Outlines

00:00

🇯🇵 Hostage Justice in Japan

This paragraph discusses the safety of Japan and the paradox of its legal system, known as 'hostage justice.' It highlights the country's low crime rates and the high conviction rate, which is attributed to a legal system that is harsh and often unyielding. The case of Carl Gonsalves, a foreign executive arrested on suspicion of fraud, exemplifies the system's treatment of suspects, including prolonged detention without charge, denial of contact with lawyers and family, and the pressure to confess. The paragraph also explains how suspects can be held for up to 23 days without charge and the practice of rearresting individuals on new charges to extend detentions indefinitely.

05:01

🔒 The Consequences of Confession in Japan's Legal System

The second paragraph delves into the pressures faced by suspects in Japan's legal system, which often leads to coerced confessions. It explains that the system is designed to extract a confession rather than seek the truth, treating suspects as guilty until proven innocent. The concept of 'hostage justice' is further explored, illustrating how the legal process can lead to long periods of detention and the rarity of not guilty verdicts. The paragraph also touches on the cultural aspect of 'face' in Japanese society and how it influences the legal system, making it difficult for judges to rule against the prosecutor and thus contributing to the high conviction rate.

10:01

🏛️ The Impact of Japan's Legal System on Democracy

The final paragraph examines the broader implications of Japan's legal system on its status as a democracy. It questions the fairness and justice of a system that prioritizes avoiding public disagreement over ensuring accurate verdicts. The paragraph also discusses the cultural concept of 'face' and its significant role in the legal process, where maintaining reputation and position takes precedence over truth-seeking. It concludes by acknowledging Japan's effectiveness in maintaining a safe society but contrasts this with the system's lack of fairness and the challenges it poses to the democratic principles of justice.

Keywords

💡Hostage Justice

Hostage Justice refers to the practice in Japan's legal system where suspects are held in detention for extended periods, often coerced into confessing to a crime to secure their release. It is central to the video's theme, illustrating the harsh reality of Japan's low crime rates and high conviction rates, which come at the cost of potentially unjust treatment of suspects. The script mentions this concept as the 'dark and deeply disturbing side of the safe and friendly Japan' and provides the example of Carl's Goone, a foreign executive who faced this system.

💡Conviction Rate

The conviction rate is the proportion of cases that result in a guilty verdict. In the video, it is highlighted that Japan has a higher conviction rate than most dictatorships, which is attributed to the 'hostage justice' system. This term is used to underscore the systemic pressure on suspects to confess, thereby ensuring a conviction.

💡Confession

A confession in the context of the video refers to a suspect admitting guilt, often under duress, as part of Japan's legal process. The script explains that confessing to a crime, even falsely, might be seen as a rational decision by some suspects to escape the harsh conditions of detention and the prospect of a lengthy trial.

💡Isolation

Isolation in the script describes the condition of suspects being held in solitary confinement during their detention. It is a key element of the 'hostage justice' system, as it adds to the psychological pressure on suspects, making them more likely to confess to secure better conditions or release.

💡Interrogation

Interrogation is the process of questioning suspects, which in the Japanese context described in the video, can be prolonged and intense without the presence of a lawyer. This term is integral to understanding the coercive nature of Japan's legal system, where suspects are subjected to hours of questioning, contributing to the high confession rate.

💡Bail

Bail is the release of a suspect from custody before their trial, usually on the condition of a financial guarantee. The script mentions that bail is often denied in Japan, which is a significant factor contributing to the extended detention periods and the 'hostage justice' phenomenon.

💡Plea Bargain

A plea bargain is an agreement where a suspect pleads guilty to a lesser charge in exchange for a lighter sentence or other concessions. The video explains that prosecutors in Japan often seek plea bargains to avoid taking cases to court, which is indicative of the systemic preference for confessions over the pursuit of truth.

💡Face (Mien)

In the context of Japanese culture, 'face' or 'mien' refers to one's reputation and social standing. The script discusses how the concept of saving face is deeply ingrained in Japanese society and impacts the legal system, making it difficult for judges or prosecutors to admit mistakes or disagree with each other in public settings.

💡Prosecutor

A prosecutor is a legal representative of the state who brings a case against an individual in court. The video highlights the power and respected position of prosecutors in Japan, who are unlikely to have their cases overturned due to the cultural emphasis on saving face.

💡Appeal

An appeal is a legal procedure to review a verdict by a higher court. The script explains that successful appeals in Japan are virtually non-existent due to the cultural aversion to publicly declaring mistakes by judges, which reinforces the finality of convictions and the infrequency of not guilty verdicts.

💡Democracy

Democracy in the video is discussed in the context of Japan's political system and its contrast with the 'hostage justice' system. While Japan is recognized as a democracy, the video questions the fairness and justice of its legal system, suggesting that it operates in ways that might be expected in less democratic societies.

Highlights

Japan is known for its extremely low crime rates, one of the lowest in the world.

The Japanese legal system is described as harsh and unforgiving, often not distinguishing between the guilty and the innocent.

The concept of 'hostage justice' is introduced, where suspects are held without charge for extended periods.

The case of Carl Ghosn, a foreign executive, exemplifies the Japanese legal system's treatment of suspects.

Suspects in Japan can be held for up to 23 days without charge, much longer than in the US or Europe.

The system allows for the indefinite rearrest of suspects, potentially leading to prolonged detention without trial.

Interrogation methods in Japan can involve isolation, harsh conditions, and denial of contact with the outside world.

The desired outcome of the system is often a confession, regardless of the suspect's actual guilt.

The concept of 'hostage justice' leads to a high conviction rate due to forced confessions.

The system has been criticized by human rights organizations and the United Nations for denying fair trials.

The importance of 'face' in Japanese culture significantly influences the legal system and its operation.

Disagreements in public settings, especially with higher authorities, are avoided to save face.

The rarity of not guilty verdicts and the difficulty of successful appeals are linked to the concept of face.

The circular logic of the system assumes guilt upon arrest, making acquittals extremely rare.

The transcript questions whether Japan's justice system aligns with democratic principles.

The system's effectiveness is acknowledged, but at the cost of fairness and justice for individuals.

Japan's legal system is a reflection of cultural differences and not a Western-style democracy.

Transcripts

you don't want to get arrested in Japan

one of the many great things about Japan

is how extremely safe the country is

crime rates in Japan are one of the

lowest in the world and they are

magnitudes lower than in any other

country of its size but there is a high

price for such low crime rates and in

Japan it comes in the form of its legal

system which is one of the most harsh

and unforgiving in the world and which

almost never lets go of people that it

gets it hands on whether they are

actually guilty or not this system is

known as hostage Justice and it's the

dark and deeply disturbing side of the

safe and friendly Japan that you know

it's the reason why one of the world's

most developed democracies has a higher

conviction rate than most dictatorships

and why once you're arrested in Japan

you're almost guaranteed to be found

guilty so what happens if you're unlucky

enough to get arrested why is almost

every suspect Auto medically guilty and

why does this system even exist in the

first place this is The Dark Secret of

Japan's hostage

justice but before we explain why the

system works this way let's take a look

at exactly how it works how is it even

possible that everyone who is charged is

found guilty and what you might expect

if you end up getting arrested in Japan

in 2018 Carl gone a foreign executive of

a major Japanese scar manufacturer was

arrested in Japan on suspicion of fraud

he was held for weeks without a charge

he was denied contact with his lawyer

his family and the outside world being

questioned for hours at a time without a

lawyer present and denied bail several

times a year after his arrest he still

didn't have a court date and he could

spend years before he would actually

appear in court Carl's goone eventually

ended up escaping from Japan hidden in a

box but in Western media this

high-profile case attracted Ed a lot of

attention to the Japanese legal system

and questions about how a justice system

in a democratic country can even operate

like that but what happened to goone

actually happens on a daily basis so

first of all what happened to Carl's

goone and what happens to almost anyone

is that when you're arrested you're not

actually charged with anything in the US

and most of Europe you can't be held

without a charge for longer than a day

or maybe two in special cases but in

Japan you can be kept in jail without

being charged for up to 23 days on

suspicion of almost anything like in the

case of an artist who modeled items such

as this kayak based on a digital scan of

her genitals and who was promptly

arrested on suspicion of Distributing

obscene material and detained for over 3

weeks before being charged in the UK for

example you can only be held without a

charge for up to 14 days if you're a

suspect of terrorism and even that is

controversial but in Japan even a

shoplifter can be held for 23 days but

it can actually last much longer

yutasado was arrested on a suspicion of

stock manipulation and he was originally

detained for 20 days but immediately

after he was released he was arrested

again his alleged crime of manipulating

the stock for one year was broken up

into six different crimes of

manipulating the stock for 2 months for

each of which he could be arrested again

and again and in fact there is actually

no limit on how many times a suspect can

be rearrested and since all is needed is

a suspicion anyone can be theoretically

held that way almost indefinitely

yasutaka who refused to admit guilt

actually ended up being detained for 14

months before finally being released on

bail because almost every single crime

can be arbitrarily broken up to an

infinite number of smaller ones the

police can rearrest people again and

again each time holding them for over 3

weeks and so it often takes months

before you are even charged with a crime

and while that is going on you are left

in isolation and in pretty harsh

conditions interrogated for hours and

hours day after day and often without

the ability to contact your family speak

to your lawyer or even get access to

critical healthare but why do they do

that well whether you committed the

crime or not the desired outcome is that

you confess rather than to actually find

the truth that's what the system is made

to do and so in many ways you're treated

as if you already are guilty even though

theoretically you're just a suspect

while in the west you are innocent until

proven guilty in Japan you're guilty

until proven innocent and everything

that happens is done so that you break

and if you're unable to speak to your

family get legal advice or access to

healthcare and you're facing the

prospect of spending years in prison

without even seeing a judge you might

start to think that confessing even to a

crime that you didn't do is the lesser

of the two evils and weirdly enough it

might be actually a rational decision

for you to confess even to a crime that

you didn't commit especially for less

serious crimes if you do confess you can

get out fairly quickly but if you insist

on your innocence you might spend years

behind bars just waiting for your trial

that's why the Japanese legal system is

often called HTO jiho or h Justice and

it's the reason why the conviction rate

is so incredibly High a large number of

those who are charged with a crime are

forced to confess way before their case

ever gets to court by literally being

held hostage by the legal system with

confessing to a crime being the only way

to escape out of it this system has been

criticized by many human rights

organizations and even by the United

Nations which have called on Japan to

change the system and which have called

the case of Carl's gone mentioned in the

beginning fundamentally unfair as it

denied him his right for a fair trial

and even in Japan itself the system is

often criticized and it's quite

controversial and there is a major

lawsuit going on against the government

claiming that the hostage system itself

is illegal but that's just one part of

the question because if you now know how

the system works and that something

seems to be very wrong with it you have

to ask why does this system even exist

and why a country like Japan with a

strong and well-functioning democracy

operate in a way that you would expect

from the harshest dictatorships well

while it might seem that the system

exists because people involved are just

being arbitrarily cruel or corrupt the

real reason is different and it has a

lot more to do with several Concepts and

traits that are inherent to Japanese

culture and how its institutions operate

and that in the end influence why the

legal system works the way it does does

the thing is that one of the most

important aspects of the Japanese

Society is the concept of menu or public

face how you're being perceived by

others and whether your reputation and

position in front of them remains intact

to an extent this exists in the west as

well but in Japan it's incomparably more

important and much more formalized

specific behaviors and situations are

linked to saving or losing a face

maintaining your public face at all

costs is Paramount and this influences

how people especially in formal settings

like in a workplace behave and treat

each other disagreeing with someone in

public for example would mean to make

them loose face and expose them to a

profound embarrassment and so it's just

one of the things that you don't do and

especially when that someone is in a

higher position that's in many ways the

opposite of the west where disagreeing

with someone is not necessarily seen as

a sign of disrespect and telling like it

is is often seen as a good thing but in

Japan it's not and here's why this

matters for the Japanese legal system

let's say that you are arrested charged

and because you are exceptionally

stubborn and after spending months or

years behind bars you still refuse to

confess you are eventually brought in

front of a court the court most likely

has a panel of judges because unlike in

the US or the UK courts in Japan don't

have juries but even if you really

didn't do it and you might have strong

evidence backing you the cards will be

stacked against you from the beginning

because in order for the judges to

decide that you are not guilty they

would have to disagree with the

prosecutor who brought the case against

you in front of them by declaring that

you are not guilty they would be making

him lose his face saying that he hasn't

done his job properly and even saying

that the entire Japanese legal system

has failed and in a society where Saving

Face is such a Str strong motivating

force that doesn't really happen

especially since the prosecutor is in a

respected position and he's part of the

legal system whereas you are just a

random suspect that no one cares about

and then it becomes a circular logic

everyone who is arrested is found guilty

and so if someone is arrested it means

they must be guilty because well they

were arrested and so not guilty verdicts

are exceptionally rare and they happen

in about 0.2% of cases and if you want

to appeal against the verdict because

you think it's unfair or because you

know that you are innocent that doesn't

really work either because in order for

an appeal to a higher instance to work a

judge would have to publicly declare

that other judges before him were wrong

and that would once again be a fa losing

moment for everyone and so successful

appeals are virtually non-existent and

that's why the whole system is set up to

avoid all those uncomfortable

disagreements that's why the police are

trying to get you to confess by well

taking you hostage whether you committed

the crime or not why prosecutors are

aggressively looking for plea deals so

that the cases don't have to go to court

and why for the few people who actually

get to the courtroom without confessing

the verdict is basically already decided

anyway but what does this say about

Japan and is it even a democracy with a

system like this in place well you can't

say that the system system is not

effective since Japan is undeniably a

safe country with very limited crime but

it's a system that's just not very fair

or just although it is impossible to say

exactly and with certainty many convicts

are likely wrongly convicted just

because the system doesn't accept

mistakes or disagreements at the end of

the day Japan still is a democracy but

not a western one and the justice system

is just one of the many examples of just

how different Japan is