I've been involved in numerous social issues, however this one is one of the worst!
This is about the racist nature of Japanese penal law and how most criminals are jailed due to "confession".
In Japan, you can be held for 20 days without charge, if you're not japanese. During this time they will try to make you confess or sign a confession, even if you weren't even there!
Simply by being a foreigner, you will be a suspect!
Read this article and see how it is for yourself.
http://
This is about the racist nature of Japanese penal law and how most criminals are jailed due to "confession".
In Japan, you can be held for 20 days without charge, if you're not japanese. During this time they will try to make you confess or sign a confession, even if you weren't even there!
Simply by being a foreigner, you will be a suspect!
Read this article and see how it is for yourself.
http://
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コメント(28)
I've heard about this kind of thing before, but never experienced anything like it. When I was in Japan all the police seemed friendly, respectful and helpful. Then again I was there for a fairly short time and kept my nose clean.
It's interesting that you have no right to your lawyer being present though. I'd of sat there for 20 days bitching about my lawyer not being there so they probably wouldn't get anything anyway heh.
Is xenophobia really the cause of this kind of treatment? It seems almost like there's something more (money, bribes, something) coming to those people who are trying so hard to keep you imprisoned. Or is it more about some people knowing the system is broken and pinning crimes on foreigners to avoid their own punishment? All of the above even?
It's interesting that you have no right to your lawyer being present though. I'd of sat there for 20 days bitching about my lawyer not being there so they probably wouldn't get anything anyway heh.
Is xenophobia really the cause of this kind of treatment? It seems almost like there's something more (money, bribes, something) coming to those people who are trying so hard to keep you imprisoned. Or is it more about some people knowing the system is broken and pinning crimes on foreigners to avoid their own punishment? All of the above even?
I'd say the root cause of this sort of treatment is lack of oversight/transparency. It's very troubling how little people understand what happens inside the Japanese legal system, for foreigners and nationals alike.
Sunlight is the best disinfectant. But there's not very much of it in this system.
Sunlight is the best disinfectant. But there's not very much of it in this system.
>What to do when arrested in Japan
I think that all the general rules apply, as they do anywhere in the world, and they are:
1) At all cost, try not to bend over, especially if there is someone behind you, or in the bathing area, or to get down on your knees even if you are asked to nicely.
2) Avoid all eye contact.
3) Make certain that you are not perceived as a child molester
4) Claim ignorance and innocence, even if you did it
5) Give cigarettes to wardens.
I think that all the general rules apply, as they do anywhere in the world, and they are:
1) At all cost, try not to bend over, especially if there is someone behind you, or in the bathing area, or to get down on your knees even if you are asked to nicely.
2) Avoid all eye contact.
3) Make certain that you are not perceived as a child molester
4) Claim ignorance and innocence, even if you did it
5) Give cigarettes to wardens.
I heard some stories of foreigners being arrested too, they weren't nice stories unfortunately. Especially if you don't speak Japanese well, since they won't let you talk, write or think any other language.
it think Fenomas is right about the system needing to get to the surface instead of being locked away from the people's eye. It's not just foreigners that have trouble with the Japanese law. Japanese conviction rate is the about the highest in the world due to all the 'confessions', even though just confessions aren't enough to convict a person according to the constitution -_-
it think Fenomas is right about the system needing to get to the surface instead of being locked away from the people's eye. It's not just foreigners that have trouble with the Japanese law. Japanese conviction rate is the about the highest in the world due to all the 'confessions', even though just confessions aren't enough to convict a person according to the constitution -_-
Interesting topic. Like anything. Play by the rules. Look at the rules for guidance young grasshoppers. Surely the constitution in Japan gives you some rights. In any event. Learn Japanese and you can get yourself out of the most outrageous situations anyway. Surely you must be given a phone call to call your respective embassy and arrange for a lawyer. Or call a Japanese friend who can vouch for you or arrange you a lawyer? I very much doubt the Japanese system runs in blatant disregard for human rights and the rule of law. Must have some flexibility. Ive talked myself out of many situations.+
12 トニー(登兄)
> I very much doubt the Japanese system runs in blatant disregard for human rights
That's probably because you haven't looked into the subject. Checking into Amnesty International's criticisms might change your mind. Or you could look at the UN Human Rights Committee, which has judged Japan's treatment of death row inmates to be incompatible with the International Covenant on Civil and Political Rights.
The bare facts of the system are, roughly:
(1) Before being charged, suspects are typically questioned long periods of time, without a lawyer, under constant pressure to confess
(2) Most charges end in conviction
(3) Most convictions come from confession
(4) After a conviction, appeals and retrials are extremely rare and hard to obtain
It doesn't take a genius to see what that system is designed to do.
> I very much doubt the Japanese system runs in blatant disregard for human rights
That's probably because you haven't looked into the subject. Checking into Amnesty International's criticisms might change your mind. Or you could look at the UN Human Rights Committee, which has judged Japan's treatment of death row inmates to be incompatible with the International Covenant on Civil and Political Rights.
The bare facts of the system are, roughly:
(1) Before being charged, suspects are typically questioned long periods of time, without a lawyer, under constant pressure to confess
(2) Most charges end in conviction
(3) Most convictions come from confession
(4) After a conviction, appeals and retrials are extremely rare and hard to obtain
It doesn't take a genius to see what that system is designed to do.
> I very much doubt the Japanese system runs in blatant disregard for human rights >>
I had a shop a few years ago and we had a conflict in which the police were stuck in the middle.
A rival shopkeeper would call 110 every time my shop had customers complaining about noise.
He'd call anonymously but the police would always arrive exactly 10 - 20 minutes after we'd hearhim slam his gate (i.e. go home early due to no customers.)
His claim was that there was a sound disturbance. My side was that if we were violating the law, the police should state which law we were violating and we would happily comply.
The police said that we weren't violating any law but...
they didn't want to have to keep coming out so it was best that we closed the shop... (!)(!)(!)
They then began a campaign of borderline harassment in which included numerous invitations to the station as part of their "investigation" and vague/double talk threats of what could happen if we don't close. "What if the guy is crazy and he attacks you...!" or... "No you're not violating the law, but when we find the law you're violating you're going to jail..."
The jerks weren't the koban police but near retirement higher ups.
In the end I learned a lesson:
Police aren't interested in depriving people of their human rights...
they are interested in ELIMINATING PAPERWORK.
This is both good and bad:
Sometimes you will see someone punch someone out... even take a swing at a cop, and the police just bring both parties to separate corners and let them go...
In my own hometown, you try to take a swing at a cop and get ready for some good old fashioned police brutality...
However, if you are arrested the police are going to be very meticulous about the police work.. in other words, they MUST prove that they arrested you because you were guilty... and they didn't screw up the paperwork...
In the meantime, you will be held and whatever is necessary to make the paperwork right will be done...
So the moral of the lesson is:
never make a cop have to take out his pen, or you're in BIG trouble...
The positive note about Japanese police though is this:
They aim for conflict resolution as opposed to arrest...
REMEMBER - - Over 1% of the U.S. population is in prison... I believe this is the highest in the world. - - So while the Japanese legal system SCARES me... the catch is that statistically speaking as an American you're far more likely to get caught up in it than a Japanese person living in Japan... no?
I had a shop a few years ago and we had a conflict in which the police were stuck in the middle.
A rival shopkeeper would call 110 every time my shop had customers complaining about noise.
He'd call anonymously but the police would always arrive exactly 10 - 20 minutes after we'd hearhim slam his gate (i.e. go home early due to no customers.)
His claim was that there was a sound disturbance. My side was that if we were violating the law, the police should state which law we were violating and we would happily comply.
The police said that we weren't violating any law but...
they didn't want to have to keep coming out so it was best that we closed the shop... (!)(!)(!)
They then began a campaign of borderline harassment in which included numerous invitations to the station as part of their "investigation" and vague/double talk threats of what could happen if we don't close. "What if the guy is crazy and he attacks you...!" or... "No you're not violating the law, but when we find the law you're violating you're going to jail..."
The jerks weren't the koban police but near retirement higher ups.
In the end I learned a lesson:
Police aren't interested in depriving people of their human rights...
they are interested in ELIMINATING PAPERWORK.
This is both good and bad:
Sometimes you will see someone punch someone out... even take a swing at a cop, and the police just bring both parties to separate corners and let them go...
In my own hometown, you try to take a swing at a cop and get ready for some good old fashioned police brutality...
However, if you are arrested the police are going to be very meticulous about the police work.. in other words, they MUST prove that they arrested you because you were guilty... and they didn't screw up the paperwork...
In the meantime, you will be held and whatever is necessary to make the paperwork right will be done...
So the moral of the lesson is:
never make a cop have to take out his pen, or you're in BIG trouble...
The positive note about Japanese police though is this:
They aim for conflict resolution as opposed to arrest...
REMEMBER - - Over 1% of the U.S. population is in prison... I believe this is the highest in the world. - - So while the Japanese legal system SCARES me... the catch is that statistically speaking as an American you're far more likely to get caught up in it than a Japanese person living in Japan... no?
16 エディー
> ... statistically speaking as an American you're far more likely to get caught up in it than a Japanese person living in Japan... no?
Strictly speaking this is true. However, a huge chunk of America's prison population only materialized since it started enforcing mandatory minimum sentences for drug offenses. So just by avoiding drugs you bring your chances of going to jail down to more reasonable levels. (Granted, being white also makes a very measurable difference.)
> ... statistically speaking as an American you're far more likely to get caught up in it than a Japanese person living in Japan... no?
Strictly speaking this is true. However, a huge chunk of America's prison population only materialized since it started enforcing mandatory minimum sentences for drug offenses. So just by avoiding drugs you bring your chances of going to jail down to more reasonable levels. (Granted, being white also makes a very measurable difference.)
a huge chunk of America's prison population only materialized since it started enforcing mandatory minimum sentences for drug offenses. >>
I wonder what the most common reasons for incarceration in Japan are?
Incidentally, the "What to do if you're arrested topic..." raises a point that all my fellow Americans need to be advised upon when living in Japan...
1. If you get arrested and call the embassy all the embassy can do is refer you to a list of Lawyers who speak (marginal) English... they're not going to send an assault force to get you out.
2. Drug offenses are very serious business in Japan.
3. Getting arrested isn't a fun in the door/out the door thing like it is in the U.S. Yes... they can hold you... and for a long time... so think twice before doing something stupid.
4. Always carry your gaijin card with you.
5. Learn Japanese... The police often refuse to provide interpreters... purposely don't and can ask you to sign things...
6. There's a number for Tokyo Metro Police where they provide English speaking interpreters on the phone... The police are supposed to call it but will usually pretend not to know about it... or maybe don't.
7. It used to be true that whites can get away with anything... but Japan is changing...
When I lived in Downtown Tokyo I was stopped MANY times each year walking home late at night or riding my bike... That said when I prove to the officer that "Ich bin eine Amerikan..." they usually breathe a sigh of relief... however, I think there is SOME growing resentment in Japan against cocky white Americans... in fact against Americans and the English language in general... In fact, Tokyo is one of the few countries in the world where many emergency response hotlines (110 included) often don't have English speaking operators on call...(!)
That said, I've never been arrested... but after my experience with the police (as mentioned above) I NEVER leave home without my Gaijin Card... because that gives them a blatant reason tohold you for investigation.
I wonder what the most common reasons for incarceration in Japan are?
Incidentally, the "What to do if you're arrested topic..." raises a point that all my fellow Americans need to be advised upon when living in Japan...
1. If you get arrested and call the embassy all the embassy can do is refer you to a list of Lawyers who speak (marginal) English... they're not going to send an assault force to get you out.
2. Drug offenses are very serious business in Japan.
3. Getting arrested isn't a fun in the door/out the door thing like it is in the U.S. Yes... they can hold you... and for a long time... so think twice before doing something stupid.
4. Always carry your gaijin card with you.
5. Learn Japanese... The police often refuse to provide interpreters... purposely don't and can ask you to sign things...
6. There's a number for Tokyo Metro Police where they provide English speaking interpreters on the phone... The police are supposed to call it but will usually pretend not to know about it... or maybe don't.
7. It used to be true that whites can get away with anything... but Japan is changing...
When I lived in Downtown Tokyo I was stopped MANY times each year walking home late at night or riding my bike... That said when I prove to the officer that "Ich bin eine Amerikan..." they usually breathe a sigh of relief... however, I think there is SOME growing resentment in Japan against cocky white Americans... in fact against Americans and the English language in general... In fact, Tokyo is one of the few countries in the world where many emergency response hotlines (110 included) often don't have English speaking operators on call...(!)
That said, I've never been arrested... but after my experience with the police (as mentioned above) I NEVER leave home without my Gaijin Card... because that gives them a blatant reason tohold you for investigation.
@Zehurricane, You can call a lawyer, you have that right. Unlike America (I say America because I don't know about other western countries) you don't have the right to have that lawyer with you during any interrogations. Here the lawyer would strictly tell you not to so much as listen to the bully tactics, but on your own it's a little harder without that support not to rat yourself out.
And when your lawyer IS there, they'll probably speak broken English if that.
>7. It used to be true that whites can get away with anything... but Japan is changing...
GOOD. To be honest I've seen more than enough of those horrid "HAHA I'M A GAIJIN I'M GOING TO BE AN ASS AND BREAK STUFF" youtube videos for a lifetime. But if it's concerning something justified like helping someone and you get dragged in as a suspect, that's kind of insane.
And when your lawyer IS there, they'll probably speak broken English if that.
>7. It used to be true that whites can get away with anything... but Japan is changing...
GOOD. To be honest I've seen more than enough of those horrid "HAHA I'M A GAIJIN I'M GOING TO BE AN ASS AND BREAK STUFF" youtube videos for a lifetime. But if it's concerning something justified like helping someone and you get dragged in as a suspect, that's kind of insane.
One thing that is driving me nut here (on this topic) is that you are only speaking about white being american!!! Hey we are not all american or native English speaker! As I am from a small country, every time it comes to being asked any questions with officials, they are usually staring at my nationality for a while, wondering how and why I came to Japan. Even a group of yakuza that I met not on purpose in a lift, just couldn't believe where I was from and kept on talking about it.
House Syndroma...
Then its your responsibility to help perpetuate myths and stereotypes about your country.
All Americans are English teachers or Military...
Nigerians sell phone cards and look like Bobby Olugun.
All Phillipinos are hostesses or cleaning people.
Chinese and Koreans come to Japan to commit crime.
Canadians and Australians are safe, fun, and harmless... New Zealanders even more so...
What about your people?
The slate is blank... make something up... and make sure the myth works in your favor, not against you...
Incidentally, people need to stop coming down on white Americans...
In a Japanese community if you stick out you're asking for trouble... its part of the culture...
and I can see how some foreigners do things that technically speaking are harmless, but set of strange alarms...
For example the other night a Philipina lady came in my shop and volunteered to tell me her life story... (She also did not read any Japanese - - I had to interpret the menu for her, yet she kept asking for strange things off the menu.) - -
Going through my mind was the following:
Is this woman saying all these strange things because she's lonely and depressed...
or is it because she's going to pull a "sagi" scam and ask for money (she was talking about her visa, employer problems, a drunken husband, etc.)
I felt very uncomfortable, because when you live in Japan you learn to read people quickly as if everyone is the same... Maybe its not true... maybe its not fair, but its reality... and its something you learn to do: You judge the person by the uniform they wear.
so foreigners sometimes do innocent things that provoke Japanese suspicion...
RULE #1 in Japan is don't stick out... People who stick out = trouble...
unfortunately if you're not Japanese you're going to stick out...
Its ignorant for Japanese to do this...
but its just as ignorant for foreigners not to try to learn certain types of manners when living ina Japanese community.
This is a bit off topic, but I think its very important: When dealing with the police you have to avoid feeding into stereotypes that lump you into the suspicious foreigner category...
and if you want to minimize situations in which you have to deal with the police...
LEARN JAPANESE, surround yourself with Japanese friends, understand Japanese body language... and learn basic Japanese manners... then your less likely to have to have to go to a koban and answer a billion frivolous questions...
Then its your responsibility to help perpetuate myths and stereotypes about your country.
All Americans are English teachers or Military...
Nigerians sell phone cards and look like Bobby Olugun.
All Phillipinos are hostesses or cleaning people.
Chinese and Koreans come to Japan to commit crime.
Canadians and Australians are safe, fun, and harmless... New Zealanders even more so...
What about your people?
The slate is blank... make something up... and make sure the myth works in your favor, not against you...
Incidentally, people need to stop coming down on white Americans...
In a Japanese community if you stick out you're asking for trouble... its part of the culture...
and I can see how some foreigners do things that technically speaking are harmless, but set of strange alarms...
For example the other night a Philipina lady came in my shop and volunteered to tell me her life story... (She also did not read any Japanese - - I had to interpret the menu for her, yet she kept asking for strange things off the menu.) - -
Going through my mind was the following:
Is this woman saying all these strange things because she's lonely and depressed...
or is it because she's going to pull a "sagi" scam and ask for money (she was talking about her visa, employer problems, a drunken husband, etc.)
I felt very uncomfortable, because when you live in Japan you learn to read people quickly as if everyone is the same... Maybe its not true... maybe its not fair, but its reality... and its something you learn to do: You judge the person by the uniform they wear.
so foreigners sometimes do innocent things that provoke Japanese suspicion...
RULE #1 in Japan is don't stick out... People who stick out = trouble...
unfortunately if you're not Japanese you're going to stick out...
Its ignorant for Japanese to do this...
but its just as ignorant for foreigners not to try to learn certain types of manners when living ina Japanese community.
This is a bit off topic, but I think its very important: When dealing with the police you have to avoid feeding into stereotypes that lump you into the suspicious foreigner category...
and if you want to minimize situations in which you have to deal with the police...
LEARN JAPANESE, surround yourself with Japanese friends, understand Japanese body language... and learn basic Japanese manners... then your less likely to have to have to go to a koban and answer a billion frivolous questions...
Herr Haus Syndroma...
Most Americans know Switzerland for the bank accounts and the rubbery cheese with the holes in it (which incidentally I'm trying to find for the pastrami sandwiches at my shop.)
Japanese probably think skiing...
The best way to explain to anyone where you're from is this:
1. Think of a famous movie shot in your country...
2. Think of a character in it who you wouldn't mind being associated with (as it might get you a lot of sex or money.)
3. Refer to the movie...
4. Carry cheap post cards from your country... give it to anyone who asks where you're from as well as your business card...
Expect... no DEMAND (!) a box of SENBEI in return...
p.s.
Screw Heidi... Let's talk Ursula Andress...
Whatever you do though, don't mention Andreas Vollenweider...
all cultures are entitled to one stain in their cultural lineage... and that would be one best kept hidden under the chocolate boxes.
Most Americans know Switzerland for the bank accounts and the rubbery cheese with the holes in it (which incidentally I'm trying to find for the pastrami sandwiches at my shop.)
Japanese probably think skiing...
The best way to explain to anyone where you're from is this:
1. Think of a famous movie shot in your country...
2. Think of a character in it who you wouldn't mind being associated with (as it might get you a lot of sex or money.)
3. Refer to the movie...
4. Carry cheap post cards from your country... give it to anyone who asks where you're from as well as your business card...
Expect... no DEMAND (!) a box of SENBEI in return...
p.s.
Screw Heidi... Let's talk Ursula Andress...
Whatever you do though, don't mention Andreas Vollenweider...
all cultures are entitled to one stain in their cultural lineage... and that would be one best kept hidden under the chocolate boxes.
Then I should say Andy Hug as that guy is a legend in Japan and so loved.
By the way, I have a shop too (cafe/bar) in Osaka, and I am making sandwishes with swiss cheese, so I know where to get it for not that much as I got in touch with one of the exporter in Switzerland. If you need my help, mail me.
By the way, I have a shop too (cafe/bar) in Osaka, and I am making sandwishes with swiss cheese, so I know where to get it for not that much as I got in touch with one of the exporter in Switzerland. If you need my help, mail me.
23> but its just as ignorant for foreigners not to try to learn certain types of manners when living ina >Japanese community.
>This is a bit off topic, but I think its very important: When dealing with the police you have to avoid >feeding into stereotypes that lump you into the suspicious foreigner category...
>and if you want to minimize situations in which you have to deal with the police...
>LEARN JAPANESE, surround yourself with Japanese friends, understand Japanese body language... >and learn basic Japanese manners... then your less likely to have to have to go to a koban and >answer a billion frivolous questions...
This is good advice. Too bad the people who should take it are probably the same ones who aren't smart enough to listen...
>This is a bit off topic, but I think its very important: When dealing with the police you have to avoid >feeding into stereotypes that lump you into the suspicious foreigner category...
>and if you want to minimize situations in which you have to deal with the police...
>LEARN JAPANESE, surround yourself with Japanese friends, understand Japanese body language... >and learn basic Japanese manners... then your less likely to have to have to go to a koban and >answer a billion frivolous questions...
This is good advice. Too bad the people who should take it are probably the same ones who aren't smart enough to listen...
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