crime

Prosecutors decide not to indict man over killing of Tokyo foster home head

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That's it, nothing more to the story? Nothing about this guy being locked up in a looney bin forever? Nothing about him being released to walk the streets until the next time he flips out?

5 ( +6 / -1 )

I am confused. What was his "mental competency" at the time? He admitted that he intended to kill people out of revenge, doesn't that make it a premeditated murder? A mentally unstable person does not plan ahead in time to murder people. This guy was seeking revenge, he knew what he was doing, he planned for it. He was not mentally unstable then, and he is not mentally unstable now, he is a murderer.

5 ( +7 / -2 )

A mentally unstable person does not plan ahead in time to murder people.

Really? I was under the impression this happens quite regularly, when the person is delusional and makes these plans under their delusions.

This guy was seeking revenge, he knew what he was doing, he planned for it. He was not mentally unstable then, and he is not mentally unstable now, he is a murderer.

It would seem that those that actually determined him to be mentally incompetent feel differently than you, a poster who read a few paragraphs in another language on the Internet.

5 ( +6 / -1 )

Tokyo prosecutors have decided not to indict a 23-year-old man arrested in February for stabbing to death the head of a foster home where he used to live, after examining the suspect's mental competency at the time of the crime.

Wow, be nice if the news repeaters here would do some research and find out why.

5 ( +5 / -0 )

Another loser gets away with murder. This is the place to be if you are a sociopath.

0 ( +3 / -3 )

Very unusual here not to try the case on mental grounds.

5 ( +5 / -0 )

So, Hitoshi Tahara was not indicted because...?

4 ( +4 / -0 )

So, he was not charged because diminished mental capacity, but why was he not receiving treatment for his mental problems?

1 ( +2 / -1 )

Transperacy and accountability from the judges would be nice. The media also could do with some (god forbid) investigation to explain and as the government cliche says ad nausea get the publics understanding?. Whe does he go? Privacy is out the window when a proven threat to the community is.....where?

-1 ( +0 / -1 )

Where’s the rest of the story?? Not indicted on mental health grounds...and...? Is he to be committed to a psychiatric facility? Charge downgraded?

2 ( +2 / -0 )

I don't know the details, but this leads me to speculate that the guy may have had very good reason to want to murder the guy. Perhaps there was some sort of long-term abuse and this is their way of covering it up?

1 ( +1 / -0 )

According to this article at the time he said he was planning to stab the other members of the staff there too.

https://www.sankei.com/affairs/news/190227/afr1902270021-n1.html

0 ( +0 / -0 )

telling investigators he resented the time he spent at the facility in Shibuya Ward and wanted to attack anyone working there as revenge.

so basically he have been abused ? and he is trying to say that most kids get the same treatment hmm i wounder if they would put what he really said in the news !!

0 ( +0 / -0 )

25000 others. Reform is needed.

0 ( +0 / -0 )

The children in the facility were safe as they were in their rooms on the second and third floors

Because every know mentally sick people seeking revenge never go to the 2nd or 3rd floors !? #lamepolicework

-1 ( +0 / -1 )

@Strangerland

Aren't all psychopaths in a way delusional? Mentally unstable people don't plan ahead in time, they just have mental deficiencies, they may harm others out of sudden burst, but they don't plan ahead of time to murder someone for revenge. If you plan ahead and intent to do something, it means you are well aware of your actions. Mentally unstable people are presumed to not be aware of what they are doing. This guy was well aware, and therefore responsible for what he did.

-1 ( +1 / -2 )

Mentally unstable people don't plan ahead in time, they just have mental deficiencies, they may harm others out of sudden burst, but they don't plan ahead of time to murder someone for revenge. 

Since you disagree with what the court decided in this case after consulting with psychiatrists who examined the suspect, perhaps you can post a link to authoritative research that supports your statement that mentally unstable people don't plan ahead to murder but just act spontaneously.

Psychopaths are usually not delusional, and there was no suggestion in this case that the killer was/is a psychopath.

1 ( +2 / -1 )

@commanteer

Of course i disagree with the courts, Japanese legal system is backwards. Isn't this already an established fact?

In the US, and probably other developed countries, it's called Insanity plead. Insanity seems to be a legal term, and it differs from State to State. Here are some of the definitions:

Under the M'Naghten rule, a criminal defendant is not guilty by reason of insanity if, at the time of the alleged criminal act, the defendant was so deranged that she did not know the nature or quality of her actions or, if she knew the nature and quality of her actions, she was so deranged that she did not know that what she was doing was wrong.

Under the Durham Rule, a criminal defendant is not guilty by reason of insanity if the crime was the product of his mental illness (i.e., crime would not have been committed but for the disease). This rule is much broader than the M'Naghten rule because it would excuse a defendants who understood the nature of his criminal action or appreciated that it was wrong, but did it anyway because of a mental illness. New Hampshire is the only state that follows the Durham Rule.

Under the Model Penal Code Rule, a criminal defendant is not guilty by reason of insanity "if at the time of such conduct as a result of mental disease or defect he lacks substantial capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law." This Rule was written by the American Law Institute as a compromise between the narrow M'Naghten Rule and the broad Durham Rule. The Model Penal Code Rule has been adopted by many states, including Massachusetts, New York, Michigan, and Hawaii.

As you can see, in all 3 definitions, "insanity" is legally defined as not being aware of your actions.

In our case, the guy admitted that he planned ahead of time to take revenge. The fact that he planned means he was aware of his actions, and therefore he cannot plead "insane".

Of course, i don't know what is the Japanese legal definition of "mentally incompetent". I am guessing it's stupid and backwards, just like their entire system.

-2 ( +1 / -3 )

*Police had said at the time of the arrest on Feb 25 that the suspect, Hitoshi Tahara, had admitted to stabbing 46-year-old Shinya Omori, telling investigators he resented the time he spent at the facility in Shibuya Ward and *wanted to attack anyone working there as revenge.

See, this is what i don't understand; here you have a clear case of revenge murder. You have proof/evidence, motive, a systematic plan to "attack anyone working there". ANYONE working there. It could've been a new staff member or a visiting worker. He fully knew what he was doing because he gave a reason why, how and who. But he gets to walk.

Come on Japan.......seriously?

0 ( +0 / -0 )

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