Ex-judge fights Japan's 'unopenable door' retrial system

Japan and the United States are the only major industrialized democracies with capital punishment,

Really?

I thought Malaysia, Singapore, Indonesia were also in that group?

I've heard these countries also cane people until the skin on their buttocks tears off.

Wesley; I think there is a bit correspondent license being played upon, how could S.E. 'developing nations' posssibly be accorded the same status? Tho' two of them have a president and one a symbolic king?

I thought Malaysia, Singapore, Indonesia were also in that group?

Yeah, the above are not considered 'industrialised' enough.

A heart breaking story indeed.

Depressing to say the least.

This man should be named a HERO for his Patience, Self- Restraint, Humility.

What a sister too.

Just one percent of around 1,150 retrial applications [...] won approval.

The hostage justice system at its worst.

In Australia the prosecution cant interfere with an appeal request.

The appeal goes to another, higher Court with a different judge from the original trial judge.

Defence would seek "leave to appeal ", present the reasons to a more superior Court, and that Court may order a retrial , often, usually , at the "level " of the original Court...say Supreme Court orders a retrial at a District Court.

Criminal law matters heard originally in the Supreme Court, would be appealed to a full bench of the Supreme Court with 3 Judges.

As well, in an original Court hearing, the Judge can direct the jury to return a "not guilty " verdict if he/she feels the prosecution hasnt made their case beyond reasonable doubt.

In Japan the Police/Prosecuter are directing everything , even the Judge.

Not a balanced system.

Guru - right on.

And in the case at hand it's admirable that the one calling out the "unbalanced system" is a retired judge.

It must take incredible mental strength, conscience and determination to take on the very system that you were a part of.

The wrongs being righted ( in small steps) by one of their own.

Appeals here are ultimately heard by the Supreme Court, who inevitably side with the prosecution. Note that this was a verdict by the Shizuoka District Court, and prosecutors have yet to appeal the decision.

I cannot understand why the police who had “tampered with evidence and carried out "inhumane interrogations meant to force a confession" have not been named and brought to justice. Their names must be on record!

Wasn’t the ‘system’ going to appeal the release of Hakamatasan, cause of the sheer fact that expediency and the ‘system’ can never be wrong? The lie is bigger than any individuals claim on it. It’s a deep seated question that concerns groupthink and pigheaded collectivism. Miscarriages of justices are just a blip if you huddle together. The collective can never be wrong. It’s that simple. Look around, not just in Japan but around the world too.

This judged that ordered a retrial. Legend of individual conscience.

Singapore is as modern as Tokyo, New York, London, and Berlin.

If the people in any of those places want a different govt, it is within their power to make the change. If they want harsh punishment or next to zero punishments, they can speak up, gain backing, and push their representatives for change.

Japan likes to think of itself as a 'democracy'. I would; after 30yrs of living here, plus having experience of it's 'justice' system; put it firmly in the 'Indonesia, Malaysia, Singapore camp' of immature wannabes.

Ricky...agree..."collectivism " and group think , coupled with the "shame dimension '' where Police and Prosecutors can not be wrong, it would bring shame on them.

Undercurrent of appeal to authoritarianism and punishment, not mercy , which probably predates the modern era.

So Murayama dived into reams of records and chivvied prosecutors.

Kudos to Judge Murayama for his continued chivving of prosecutors in behalf of Hakamata. And to Japan Times for publishing this article. I had to look up the word chivvy. Is it a particularly British word? I hope I can remember to use it as I need to chivvy my children to do things from time to time.

chivvy *verb *British tell (someone) repeatedly to do something. Similar: nag badger hound harass harry keep after keep on at