The Dark Secret Behind Japan’s Lack of Crime

You don't want to get arrested in Japan.

One of the many great things about Japan is that it's extremely safe, with one of the lowest rates of violent crime in the world but there is a dark side to this and to its legal system. A system which is deeply disturbing in the way it works and that looks nothing like the polite, democratic Japan that you know.

So, why are more than 99% of people charged with a crime in Japan found guilty, why does this system even exist and why you really, really don't want to be arrested in Japan?

[zedv]

As a Japanese, I want to say that Japan's crime is not low because the justice system's trying to save face. Judges don't care about "saving face" of prosecutors. That's not why the conviction rate is 99.8%.
Judges do go by the notion of "guilty until proven innocent" which is why the conviction rate is so high. Even though the constitution says "innocent until proven guilty, " Judges ignore this.
This kind of thing happens because the Japanese public considers "being sus" to be criminal. "Being sus" is a social death sentence in Japanese society while it is only a minor criminal sentence, so people think the criminal justice system being "somewhat strict" is no problem. This notion is shared by police officers, prosecutors, and judges, who all act accordingly following these norms.
In other words, the thinking is "if you were acting sus, why were you acting sus in the first place and you mind as well have done something criminal" because being sus is already a social death sentence.
That probably makes no sense to anyone in the West, but that's how this homogenous country has operated for thousands of years.

[bababababababa]

I love Japan but that country needs to stop being idolised by western media, it isn’t the utopia you think it is. Same goes for Korea and Taiwan

[Sitti]

As someone who had lived in Japan for over decade, in my personal opinion, Japan is great place for vacation but not for living permanently.

[VBKoach]

I had a bunkmate when stationed in Japan in 1981 who got arrested right out of his bunk in the barracks. I had heard nothing about him thereafter. When I got stationed in Japan again in '83 I found out he was still in jail. I was allowed to visit him. During the visit, he told me he was arrested and didn't know his charge for six months. Apparently, a service man robbed a pachiko place. He was on his way into the place when the robber was coming out. The robber tripped over him and fell. He helped the robber up and helped him pick up one of the bags filled with money. He wasn't aware of what had happen in the pachiko place. When the JP was called initially, they let him go, but later arrested him. He eventually was charged with abiding the robber. They wanted him to confess, but he wouldn't because he knew he was innocent.
We stayed in contact afterbI rotated back to the states. He told me he had been asked to confess 7-10 times daily. He was eventually released after five years, having never seen a courtroom. He said had it not been for his senator from Texas, he'd still be in jail.

[csachen]

An important point is missing: only charged cases affect the conviction rate. The conviction rate doesn't tell you how many arrested suspects are dismissed without being charged.

[davidtherwhanger]

I don't think their legal system has that much to do with the low crime rate. Other countries with even more draconian methods have higher crime rates. I think it has much more to do with the culture of Japan. Especially the Public Face stuff. A Japanese person who really is all in for this Public Face thing won't want to do anything that would bring shame to that.

[theprofessional]

What a lot of western people do not understand is the Ace attorney games are capcom making fun of how broken the Japanese legal system is

[gandalfstormcrow]

No, it's cultural.
I remember watching tsunami victims.
It looked like the crowd was looting.
No, everyone was putting items BACK INTO THE STORES

[JxH]

In the USA, it's called a "Plea Deal"; which is how 95%+ of the cases are dealt with.
They offer you a perfectly fair and open trial, but facing 400 years. Or, "today's discount", enter a guilty plea and be incarcerated for only 12 years (out in 4-6 years).
It's not as bad as Japan's system, but it's not really anything that could be described as 'ideal'.

Worst aspect is that there are apparently some prosecutors don't really care about the truth, more concerned about the optics and politics of being reelected.

[georgebrown]

I was told that in Japan, the people are polite, but not friendly. I live in Portland now and it's the same way here.

[MarcDonis]

Why even have judges? Seems all they do is rubber stamp convictions.

[ch]

I don't how you can call Japan safe, if law enforcement doesn't care about finding the true criminal.

[EinsamPibroch]

Lesson in Japan: don't even dare draw attention to yourself or your Life will be ruined.

[ronlugbill]

I am a retired attorney from the US. In many areas of the US, this description is not that different. Everyone charged is presumed to be guilty. Lots of people are held hostage pending trial by being held in jail and coerced into taking plea deals to get out. 99%of cases are resolved by plea deals. If you take your case to trial, you will likely be found guilty. You are arraigned before a judge within 72 hours though. Your lawyer probably won’t see you before your court date.

[tk-fuow]

I’m a Japanese law school student. While it’s true there are issues with Japan’s hostage justice system, some parts of this video are inaccurate. In Japan, people who are arrested are informed of their right to remain silent and can immediately call a lawyer, either privately or at the counry’s expense. So it’s not like they are detained without any chance to meet a lawyer. Also, the 99.8% conviction rate is because prosecutors only indict when they’re sure they can win. In reality, the indictment rate is less than half of all the cases.

[Mr-Spork]

I've lived in Tokyo for over 20 years. Got arrested once (for a fight with a Japanese geezer who instigated the whole thing). However, several points put me at an advantage: 1. I'm a prof at a well-known, respected university; 2. There were witnesses (who the police had questioned); 3. I had no issues with the police in the past; 4. (most importantly) the other guy was drunk & I was completely sober - which was probably the biggest advantage I had (they gave both of us breathalizer tests). I had also admitted my guilt (punching him in the face a few times) & told the police I would apologize to the man (moron), for not saving his face but cracking it with my fist. I was not charged & was released, BUT was told that my name was on record so if I committed any future transgressions, I would not get off. So I can't say that I was treated unfairly, but I definitely got away with that one. I'm finally leaving Japan in a few months. Can't wait to get out.

[hgu]

I had no idea Phoenix Wright handled 0.2% of all cases in Japan. The guy is a lot busier than the games make him appear.

[taetaeya]

if u think Japan is bad，wait till u hear about the Malaysian legal system

[CropCircleSystems]

“Tis better that nine guilty men go free than one innocent man suffer, for if innocence were to be lost as a shield, then it would be the end of the very society we endeavor to protect.”

[Ludvigvanamadeus]

Just because Japan is safe doesn't mean it's because of this system. There's plenty of countries with a comparably low crime rate without such a pathological legal system.
The US also has the highest incarceration rate in the world and a very high crime tate. Russian legal system is on paper more lenient than the Japanese one, but in practice it's not that different due to corruption and it doesn't seem to be helping either.
There are many contributing factors to whether a country is safe or not, I would say that Japan is safe not because of, but DESPITE its legal system.