crime

Hearing ends in retrial of man over 1985 murder, acquittal expected

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bet he'll not get one yen compensation this is japan

5 ( +6 / -1 )

The district court decided in June 2016 to retry Miyata, saying "doubts have been raised" over the credibility of his initial confession.

Again, these "confession" credibility problems. But still its relied on. Even though they are forced under extreme pressure. And the prosecutors defend the practice and methods. Too inept to actually gather credible evidence.

2 ( +4 / -2 )

As a first hand example of how hard the police try to get a confession even from people who are completely innocent, I like to bring up the story of my step son who was detained for weeks, repeatedly interrogated, and subjected to several drug tests of different types (all of which he passed) simply because some other person in trouble mentioned his name. We had to hire a lawyer and threaten to go public with the story before they would let him go.

3 ( +4 / -1 )

Another example of why all interrogations need to be video recorded and the lawyer for the suspect allowed to be present!!

6 ( +6 / -0 )

bet he'll not get one yen compensation this is japan

Compensation for being wrongly accused, life ruined, a forever stamp on his record which prevents you from getting a decent job? You're right! He'd be lucky to even get an apology which is so sad! I wonder what will it take for Japan to change its "justice system"

4 ( +5 / -1 )

A life ruined, no compensation, but at least he can be thankful that he wasn't rushed to the gallows. Ironically, perhaps his dementia is a merciful way out after all he has suffered.

-1 ( +2 / -3 )

The district court decided in June 2016 to retry Miyata, saying "doubts have been raised" over the credibility of his initial confession.

So, let me guess. This guy was locked up, cur off from the outside world, fed rice and water and interrogated daily until he was forced to confess. Seems to have quite a familiar ring to it, doesn't it? Japanese prosecutors must be seriously hopeless if this is the only way they can get a conviction.

2 ( +2 / -0 )

In the meantime, the police officers who were coercing confessions are probably living well off of their cushy pensions and not even batting an eyelid to this news.

3 ( +3 / -0 )

bet he'll not get one yen compensation this is japan

And you would probably lose that bet if he were younger. Japan has specific laws regarding compensation for false imprisonment.

https://wrongfulconvictionsblog.org/2012/11/13/compensation-for-the-wrongfully-convicted/

The Constitution of Japan (which was drafted after the WWII under the US occupation) states in Article 40: ” Any person, in case he is acquitted after he has been arrested or detained, may sue the State for redress as provided by law“. It ensures one the right to sue the State to get compensation in case he was wrongfully arrested or detained. In response to this Article, the Criminal Compensation Act (1950) specifies the details of the compensation.

Article 4 of the Act provides that the amount of compensation given will be decided by the court. The court shall set the rate of compensation by considering how the person was detained, the length of detention, the person’s loss of property, physical and mental pain he/ she had to suffer, and negligence by the police and prosecutors. The minimum daily rate is 1,000 yen (12.5 USD) per day he/ she was detained, and the maximum is 12,500 yen (about 155 USD).  See the table below for the amount given to exonerees in past cases.

1 ( +2 / -1 )

macvToday 06:41 am JST

bet he'll not get one yen compensation this is japan

You lose. He gets compensation.

sir_bentley28Today 08:32 am JST

u_s__reamerToday 08:50 am JST

You see why fake news is a serious problem.

-1 ( +0 / -1 )

CH3CHO - what fake news are you referring to?

Free comments on a public forum do not amount to authentic news.

Anyone knows that.

And re compensation. No monetary compensation will compensate for the loss of his years, health and sanity it seems.

Wrongful imprisonment based on suss confessions should attract much more derision by the media, public and the govt.

But prosecutors are a force to be reckoned with in Japan - essentially beyond reproach.

-1 ( +0 / -1 )

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