Ah, thanks for the review and the link! I'll definitely have to try this one.
I've always found it interesting that the Japanese criminal system, as it stands today, is more interested in punishing people for balking at an admission than for the crime that they allegedly committed in the first place.
I've always found it interesting that the Japanese criminal system, as it stands today, is more interested in punishing people for balking at an admission than for the crime that they allegedly committed in the first place.
It does seem that way - from the outside it looks more like a system that is not really interested in justice but rather in saving face.
Exactly. A large component is presumably not wanting to cause too much trouble amongst the collective as well as saving face; justice in the traditional (Greco-Roman, I guess) sense of things is much more a footnote.
It's an interesting way of doing things, though obviously just as vulnerable to corruption and misuse as the Western systems.
I haven't seen the movie, though I read about it and I am very interested to see it, but I just have to say that Germany doesn't have a jury system as well, but I still think that our legal system is a lot better than the one in Japan. I don't think there is something inherently wrong with a judge system opposed to a jury system, as jury systems have their problems too, like you said
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Thank you so much for your thoughtful comment, Ina! :)
You're absolutely right, jury systems definitely present their own problems!
I think the biggest problem with the Japanese jury system is how the police work, how almost all cases are based on confessions instead on evidence and that a high conviction rate is so important. There seem to be an underlying assumption of just don't stick out and make it troublesome for anyone, that you notice in other parts of the Japanese society as well.
This is exactly the impression that I have, and it's very troubling. It does bother me that judges are rated based on their conviction rate, though. It's in their best interest to convict defendants, so why wouldn't they?
ETA: I read about the lay-judges (next year, right?) and I'm also curious to see how that changes things.
I of course meant ...problem with the Japanese judge system ... A really bad typo.
I am really stupefied how anyone could think that judging judges on a high conviction rate is a good idea. That is a total lack of checks and balances.
I am really stupefied how anyone could think that judging judges on a high conviction rate is a good idea. That is a total lack of checks and balances.
Just further on this: according to the film, one of the reasons there are so few acquittals is also because in order for a judge to acquit, innocence must be absolutely proven without even a shred of doubt. And also the government owes the defendant a boatload of money if he's acquitted.
You're welcome! The film was extremely vivid in my mind and very disturbing; I couldn't keep it to myself. If you see the film, I'd be very interested in hearing your reaction
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I didn't talk very much about the victim, but I thought the film handled her well - they never blamed the victim at any point and it remained compassionate until the end for what she suffered. In fact, in Teppei' final speech, just before the verdict is delivered, he only breaks down and begins to weep when he mentions the victim and her family's suffering.
The problem is, she made a wrong identification based on misleading evidence and when she spoke to the cops, they immediately agreed with her and in fact told her that it was flat-out impossible that the other man behind her could have molested her. So she, being very young and impressionable, believed them. Of course the cops had no reason to say such a thing because of course they had not investigated for even a second to determine whether it was possible - and clearly it was, as the video re-enactment that the defense team filmed quite clearly proved
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I've seen so many reviews for this film and they're all horrifying. I read somewhere that it's "shameful" and "embarrassing" for judges/the legal system to admit they accused the wrong man, which is so frustrating, but I absolutely believe of Japan... :/
In the end, he loses. And he says that he will appeal, because he's innocent. And that's it.
I think I was hoping until about halfway through that he would win, but then I realized that Masayuki made this film, not to entertain, but to educate Japanese people on how their justice system works. And why should this case be any different from the 99% of cases that end in convictions?
Like I mentioned to riccichan, I think Masayuki made this film so we could see exactly how awful the whole thing is at every step along the way. The film is long, and shows a series of tedious hearings so that we go through all of that, hoping just like Teppei...only to be disappointed, just like he and his family are by the whole miserable, soul-shriveling experience.
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I've always found it interesting that the Japanese criminal system, as it stands today, is more interested in punishing people for balking at an admission than for the crime that they allegedly committed in the first place.
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It does seem that way - from the outside it looks more like a system that is not really interested in justice but rather in saving face.
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It's an interesting way of doing things, though obviously just as vulnerable to corruption and misuse as the Western systems.
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You're absolutely right, jury systems definitely present their own problems!
I think the biggest problem with the Japanese jury system is how the police work, how almost all cases are based on confessions instead on evidence and that a high conviction rate is so important. There seem to be an underlying assumption of just don't stick out and make it troublesome for anyone, that you notice in other parts of the Japanese society as well.
This is exactly the impression that I have, and it's very troubling. It does bother me that judges are rated based on their conviction rate, though. It's in their best interest to convict defendants, so why wouldn't they?
ETA: I read about the lay-judges (next year, right?) and I'm also curious to see how that changes things.
Reply
A really bad typo.
I am really stupefied how anyone could think that judging judges on a high conviction rate is a good idea. That is a total lack of checks and balances.
Reply
I am really stupefied how anyone could think that judging judges on a high conviction rate is a good idea. That is a total lack of checks and balances.
Just further on this: according to the film, one of the reasons there are so few acquittals is also because in order for a judge to acquit, innocence must be absolutely proven without even a shred of doubt. And also the government owes the defendant a boatload of money if he's acquitted.
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(The comment has been removed)
The problem is, she made a wrong identification based on misleading evidence and when she spoke to the cops, they immediately agreed with her and in fact told her that it was flat-out impossible that the other man behind her could have molested her. So she, being very young and impressionable, believed them. Of course the cops had no reason to say such a thing because of course they had not investigated for even a second to determine whether it was possible - and clearly it was, as the video re-enactment that the defense team filmed quite clearly proved ( ... )
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How did the movie end, can I ask?
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I think I was hoping until about halfway through that he would win, but then I realized that Masayuki made this film, not to entertain, but to educate Japanese people on how their justice system works. And why should this case be any different from the 99% of cases that end in convictions?
Like I mentioned to riccichan, I think Masayuki made this film so we could see exactly how awful the whole thing is at every step along the way. The film is long, and shows a series of tedious hearings so that we go through all of that, hoping just like Teppei...only to be disappointed, just like he and his family are by the whole miserable, soul-shriveling experience.
Reply
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