Japan's longest-serving death row prisoner seeks acquittal in retrial

Either is incredible he has been lying for 46 years or been imprisoned innocent for 46 years.

This is Japan! Conviction rate below 99% is not acceptable.

https://www.nippon.com/en/japan-topics/c05401/order-in-the-court-explaining-japan%E2%80%99s-99-9-conviction-rate.html

The fact that the prosecutors are butt-hurt is the ONLY reason they are wasting time and money in taking this case back to court.

This isn't about seeking "justice", it's about some stupid arsed pride.

His conviction must be quashed regardless of the loss of face of the prosecutors and compensated for his long stay on death row.

Not a very good "death penalty" if he is still breathing after 46 years.

The defense argues that investigators likely set up the clothes, as the red stains on them were too bright, but prosecutors say their own experiments show the color is credible

If that is true, it is DEEPLY problematic.

The fact that the prosecutors are butt-hurt is the ONLY reason they are wasting time and money in taking this case back to court.

This isn't about seeking "justice", it's about some stupid arsed pride.

No doubt. Prosecutors in this country are swine.

'' But over the years, questions arose over fabricated evidence and coerced confessions, sparking scrutiny of Japan's justice system, which critics say holds suspects "hostage". ""

Not just in Japan, justice has always been in DANGER every since money was invented.

Just remember, allowing the prosecutors and the MOJ to save face is much more important than letting an innocent man on death row get another shake at it.

But over the years, questions arose over fabricated evidence and coerced confessions,

I mean coerced confessions are bad enough, but fabricated evidence?? I meant that's downright criminal.

If that is true, it is DEEPLY problematic.

If it's NOT true it's also deeply problematic.

Mr. Kipling

Not a very good "death penalty" if he is still breathing after 46 years.

So your primary concern here isn't that an innocent may have been incarcerated for 46 years and could have been executed in error at any point during that time, but that the state didn't kill him faster?

This is Japan! Conviction rate below 99% is not acceptable.

The conviction rate is so high because charges aren't laid unless prosecutors are 100% certain of the evidence. The Defence lawyers bringing into question evidence without proof in order to make their client seem innocent does not dissuade prosecutors from laying charges when certain. It's the defence's job to question the veracity of evidence...not in order to seek justice, but to free their client from guilt.

As for the conviction rate. There are many criminals who go free due to a lack of evidence and certainty of conviction in the courts.

Fabricated evidence is never to be ruled out because corruption of police, prosecutors and politicians (in all countries) is more common than people want to believe. And given the history of capital punishment in Japan, the cruelty of 46 years existing in isolation on death row shouldn't surprise. Guilty or not, Hakamata-san has suffered enough, not to mention the taxpayers who always have to foot the bill for the government's fubars.

Just remember, allowing the prosecutors and the MOJ to save face is much more important than letting an innocent man on death row get another shake at it.

No, it's more important to show society that no one is above justice, regardless of time passed or flimsy claims of evidence tampering that cannot be proven.

If it's NOT true it's also deeply problematic.

No. Its not like the prosecutors are going to be prosecuted.

No. Its not like the prosecutors are going to be prosecuted.

No, it means that a man who brutally murdered a man, his wife and two children will have been exonerated and made a hero of.

No, it means that a man who brutally murdered a man, his wife and two children will have been exonerated and made a hero of.

No.

No, it means that a man who brutally murdered a man, his wife and two children will have been exonerated and made a hero of.

You don't know that he committed those crimes. If he did, throw the book at him. If there is evidence that there was coercion in the confession or tampering with evidence then he should be set free.

One problem with capital punishment is how easily politicised it can get. See the recent case in Missouri where a man was executed despite DNA evidence as well as pleas from multiple parties to not carry out the execution. It was condemned widely as a political stunt, as the executed man was both black and Muslim, whereas the state governor is white. The Supreme Court voted, along entirely predictable lines, to let the execution proceed.

I don't know how much sway politics holds over the death penalty in Japan, but it's another factor which muddies the waters.

For some, the conviction, even state-sanctioned murder, of an innocent man is worth it for the sake of stability and security for the greater number. It is a utilitarian stance, beloved of nerds and many conservatives. it is not the stance of human rights advocates and so they tend to eschew the whole notion of human rights, well, except if they were the wrongfully convicted. But they will take the chance they never will be and odds are on their side. But empathy may also be lacking in such people.

For some, the conviction, even state-sanctioned murder, of an innocent man is worth it for the sake of stability and security for the greater number. It is a utilitarian stance, beloved of nerds and many conservatives. it is not the stance of human rights advocates and so they tend to eschew the whole notion of human rights, well, except if they were the wrongfully convicted. But they will take the chance they never will be and odds are on their side. But empathy may also be lacking in such people.

exactly. well said

I think the government are dragging g their heels in the hope nature takes its course. Then the government can say shogania. But it’s easy to imagine that only the guilty will ever be executed. I guess if the death penalty is to act as the ultimate deterrent then the the US/china must be the safest country in the world. I wonder does any government actually retrospectively look back at all the deaths sentences they ever got wrong or is it just swept under the gallows,

I think the government are dragging g their heels in the hope nature takes its course. Then the government can say shogania.

I agree.

The prosecutors who planted the evidence are at the top leadership now and so they can’t let it go. Japan prosecutors corruption at its finest.

You don't know that he committed those crimes

Which is why I said "if it's NOT true" that the evidence was tampered with and it WAS in fact his blood, then that would be problematic...for his case

Which is why I said "if it's NOT true" that the evidence was tampered with and it WAS in fact his blood, then that would be problematic...for his case

That is NOT what you said initially. You added for his case just now. Your first post was different

if it's NOT true it's also deeply problematic.

hat is NOT what you said initially. You added for his case just now. Your first post was different

It makes no difference. If it's NOT true, it's also deeply problematic. This statement needs no qualifier. It stands on its own.

It makes no difference. I

It makes a hell of a difference

f it's NOT true, it's also deeply problematic. This statement needs no qualifier. It stands on its own.

No it doesn't. I was referring to the justice system. You were referring to his case. COMPLETELY different

The defense argued that investigators likely set up the clothes. If that is true, it is deeply problematic because that shows that the police planted evidence to get a conviction. that is deeply problematic for Japan's Justice System. If in fact that didn't happen it wouldn't be deeply problematic for the justice system at all. It would show that the system WORKED.

Now would it be problematic for the defendant if the prosecution could show that the investigators didn't set up the clothes? Yes. But that is entirely different.

Prosecutors meanwhile have said they remain convinced of his guilt beyond reasonable doubt.............So what IS their reasonable doubt. This a very problematic case, I am amazed he is still with us and fighting it.

Just because his sister says he is innocent doesn't mean he is. There is NO evidence that the blood was planted. And almost ALL confessions are coerced to a degree. Those involved are mostly dead or even older than Hakamada, he served 46 years, is old and senile. Just move on and stop wasting time and money on this case.

No it doesn't. I was referring to the justice system. You were referring to his case. COMPLETELY different

The topic of discussion was the evidence tampering in this case. You commented that if it had been tampered with by the police then that would be problematic. To which I responded, if it hadn't been tampered with then that, too would be problematic. I'm at a loss how the police NOT tampering with the evidence would be problematic for the prosecution...and not the defendent. Some things are implicit and need not be said especially when so obvious...or so I thought.

.So what IS their reasonable doubt.

There is plenty more to this case than is printed in this article

The topic of discussion was the evidence tampering in this case.

Exactly

You commented that if it had been tampered with by the police then that would be problematic. 

Yes

To which I responded, if it hadn't been tampered with then that, too would be problematic.

Why would that be problematic? Quite the opposite. It would show that the investigators did their jobs. Not problematic at all

I'm at a loss how the police NOT tampering with the evidence would be problematic for the prosecution...

It wouldn't be! BUT that's exactly what YOU said !

 it's NOT true it's also deeply problematic

"A turning point came in 2014 when a retrial was granted on the grounds that prosecutors could have planted evidence, and Hakamada was released from prison."

10 years waiting for a retail. They would prefer he just died.

Im at a loss how the police NOT tampering with the evidence would be problematic for the prosecution...

Its not about the prosecution or the defense. If tampering with evidence was done, it would be problematic for the Japanese justice system as a whole. I wasn't talking about the prosecution nor the defense. BECAUSE like you correctly stated:

There is plenty more to this case than is printed in this article

Therefore, I'm not going to get into prosecution vs defense in this case. We don't know the details. What I am saying is very simple: tampering of evidence by police is deeply problematic ON A NATIONAL LEVEL. If this kind of behavior can be allowed to occur it is deeply problematic for the Justice system.

I am not commenting on the prosecution or defense.

Hope that explains it.

We have always said only the guilty without a doubt must face the death penalty but how many cases had been overturned in the UK, UK, and others. Ofcourse since they proven guilty, a few times, then they would have been hung, electrocuted, gases, cause they were 100% guilty. And yet strangely enough it usually takes reporters to find out they were innocent. But according to some politicians and people they were guilty 100%, and so would have been put to death. Only problem now is, you can’t go back and fix it. I’m thinking king Birmingham 6, I’m thinking, the black guys trump wanted hung, I’m thinking Sakae Menda, Johnny Garret, and these come off the top of my head. Absolutely no point in a posthumous pardon. I wonder if those that say an eye for an eye and a tooth for a tooth should think the prosecutor should be held responsible for the premeditated killing of an innocent person and face the same gallows. After all, everyone knows they sanctioned it. Or are some killings of innocent people acceptable? (thinking about that).

Abe324- those are very good points

Prosecutors meanwhile have said they remain convinced of his guilt beyond reasonable doubt.

Yes but if evidence was fabricated and confession forced then they have to acquit him

Are any of the policemen who supposedly beat him, prosecutors who allegedly fabricated evidence against him, or judges who didn’t give a farthing alive? If alive, they should be hauled out to explain themselves.

tampering of evidence by police is deeply problematic ON A NATIONAL LEVEL. If this kind of behavior can be allowed to occur it is deeply problematic for the Justice system.

We agree here. It would ALSO be problematic if the police had NOT tampered with the evidence, not only for the defendent...but ALSO for the justice system as the taint of that accusation has the effect of casting doubt on the eithical behaviour of the police...whether guilty of tampering...or NOT. The evidence for which is evident on this page, as many on here have jumped to the conclusion that they had tampered with the evidence without proof. The accusation alone is problematic for the justice department.

Is that clear?

Central to the trial is a set of blood-stained clothes found in a tank of miso -- fermented soybean paste -- a year after the 1966 murders

If they found the clothes a day later or days later or even weeks later I think it's likely he is guilty.

But a year later is preposterous. They planted that.

We agree here.

That's good.

It would ALSO be problematic if the police had NOT tampered with the evidence, not only for the defendent...but ALSO for the justice system as the taint of that accusation has the effect of casting doubt on the eithical behaviour of the police...whether guilty of tampering...or NOT.

I agree up to a point.. I think that doubt would be cast INITIALLY, but if in fact that accusation was to be found in error, it would vindicate the police completely as it would show them as victims of a baseless and meritless accusation.

The evidence for which is evident on this page, as many on here have jumped to the conclusion that they had tampered with the evidence without proof. The accusation alone is problematic for the justice department.

Well, I hope you are not referring to me as I did not jump to that conclusion. I merely stated that it would be problematic if they did.

Hope we can agree on that

The evidence for which is evident on this page, as many on here have jumped to the conclusion that they had tampered with the evidence without proof. The accusation alone is problematic for the justice department.

Why would the court invalidate the death penalty conviction and release the prisoner if there was no evidence the evidence was tampered with

turning point came in 2014 when a retrial was granted on the grounds that prosecutors could have planted evidence, and Hakamada was released from prison.