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Japanese Justice
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furiousmilksheikali



Joined: 31 Jul 2006
Posts: 1660
Location: In a coffee shop, splitting a 30,000 yen tab with Sekiguchi.

PostPosted: Wed Apr 25, 2007 1:37 am    Post subject: Reply with quote

Quote:
Japanese justice

* Japan has one of the world's highest conviction rates, with more than 99 per cent of all defendants convicted. Confessions are still relied on heavily and failure to admit a crime is frowned on, making Obara (who denied his guilt right to the end) very unusual. While Japan incarcerates its citizens at less than half the rate of Britain, prison time is notoriously harsh. Inmates are kept isolated and mostly in silence, and forced to obey hundreds of military-like rules. Strip searches are common, as are beatings. One report in 2004 said there had been nearly 250 suspicious deaths in Japanese prisons in the previous decade. Police say Obara is unlikely to be released unless he becomes terminally ill in prison. "In Japan a life sentence is a life sentence," said one officer.



http://news.independent.co.uk/world/asia/article2483834.ece
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canuck



Joined: 11 May 2003
Posts: 1921
Location: Japan

PostPosted: Wed Apr 25, 2007 1:54 am    Post subject: Reply with quote

voodoochild wrote:
No I dont have the facts but if you have read the profile of the guy who did this and the 100's of other women he raped etc then its clear who killed her, dont take my word for it hear what the parents feel about it


Judge Tsutomu Tochigi wrote:
The lead judge, Tsutomu Tochigi, said there was "nothing to prove that the defendant was directly involved" in the rape and death of the 21-year-old former flight attendant, but acknowledged "suspicion", along with substantial circumstantial evidence linking Obara to the crime.


This would be enough for reasonable doubt in western countries like Canada, America, the UK and so on. Hopefully Lucie Blackman's family can put this behind them and move on with their lives'.
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jademonkey



Joined: 30 Mar 2007
Posts: 180

PostPosted: Wed Apr 25, 2007 2:31 am    Post subject: Reply with quote

Let's look at this logically.

The judge acknowledged 'suspicion'.
There was substantial circumstantial evidence linking Obara to the crime.
Neither of these is sufficient to charge someone for a capital crime.
Therefore, he wasn't charged for a capital crime.

It was not beyond reasonable doubt, it was still very much in the area of reasonable doubt.
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southofreality



Joined: 12 Feb 2007
Posts: 579
Location: Tokyo

PostPosted: Wed Apr 25, 2007 2:38 am    Post subject: Reply with quote

This is an emotionally-charged issue and it's hard for me to blame the Original poster for spouting off about it the way he did. As with legal systems all around the world, including the States (remember the OJ Simpson farce), there are times when it seems as if justice hasn't been carried out. Sometimes it's because we don't understand the complexities of the law. Other times it's clear that huge mistakes have been made. Either way, I don't expect the Blackman family to put this behind them until they are satisfied that justice has been carried out. But, that's their fight, and all we can do is wish them luck (unless one of us becomes a crusader and joins in).

A specific case that has drawn criticism against the legal system here in Japan, from citizens and non-citizens alike, is linked up below. However, its appearance is in no way part of an attempt to indict the entire Japanese legal system.

http://asia.news.yahoo.com/060501/kyodo/d8har6eo2.html
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gaijinalways



Joined: 29 Nov 2005
Posts: 2279

PostPosted: Wed Apr 25, 2007 3:38 am    Post subject: Reply with quote

It is true, the relation to teaching is...

But as opined by others, we really do need an off topic forum section in the Japan section like they have in the China section.

As to the subject, yes lots of circumstanial evidence; Obara invited the girl out to his condo the same weekend she diappeared, he had numerous videos of other girls he drugged and raped, she was found in a cave near his condo in Chiba, and he bought a chainsaw around the time that she disappeared. Unfortunately the police were late in discovering the body, having earlier searched part of the cave where Blackman's body was discovered and not finding it. Only after continued pressure from Mr. Blackman did the police continue looking and eventually turn up the body.

Beyond a reasonable doubt? Court wise, not enough. The police and the judicial system think Obara may have been involved, but they can't prove what involvement he had, if any.
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wabisabi365



Joined: 04 Feb 2007
Posts: 111
Location: japan

PostPosted: Wed Apr 25, 2007 4:06 am    Post subject: Reply with quote

Quote from Glenski;

Again, folks, let's get off this topic. No evidence has been given to satisfy a judge, yet voodoochild wants to raise this politically charged non-teaching issue on a teaching board. I say close the thread.
/end quote

Fortunately, the thread wasn't closed and a reasonable discussion has been able to take place. Funny that.

My original post was deleted. My gripe was with the fact that Glenski wanted this swept under the rug. Hopefully my choice of words this time will meet the requirements of this online discussion.

The dialogue here is very similar to a discussion I had with workmates, teachers and administrators alike, regarding the Blackman trial. Some were understanding of the verdict, some quite fired up. Much as it is here. In any case, it is a topic that is on the minds of many English instructors here in Japan. A topic that we would like to discuss and analyze in further detail. Isn't that what this board is all about?

I am generally not a very vocal person in this forum, but being told in a way that reeks of condescension that this topic is not appropriate for the teachers here (and should be closed down) has me jumping right in with my own two cents.

cheers,
wabisabi365
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gaijin4life



Joined: 23 Sep 2006
Posts: 150
Location: Westside of the Eastside, Japan

PostPosted: Wed Apr 25, 2007 4:46 am    Post subject: Reply with quote

gaijinalways wrote:
It is true, the relation to teaching is...

But as opined by others, we really do need an off topic forum section in the Japan section like they have in the China section.




I disagree that an off-topic forum section is needed, it seem to me that `most` posts on `most` topics are on (or very near to) the topic, while it is only some posts (?) that do go off onto related (or unrelated ) topics.

- Isnt a forum a place where a range of issues (in this case relevant to people working or interested in working in Japan) can be discussed ...
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J.



Joined: 03 May 2003
Posts: 327

PostPosted: Wed Apr 25, 2007 5:42 am    Post subject: Some people agree Reply with quote

that Obara could have been found guilty by a preponderance of the evidence ie a Criminal Law Professor at a Tokyo Law School, as was Masumi Hayashi with similar evidence. See today's ( Wednesday the 25th) Japan times front and second page articles.

Her hair was found in one of his apartments. They found a plastic bag for a tent they believe he purchased (perhaps used to wrap the body). He bought an electric chain saw, ready-mixed cement, and some tools right after Lucie disappeared and a neighbor saw him "doing something with cement" in his Miura condo, near where the body was found.

Then there is the payment to the father. Or maybe he's just a generous philanthropist?
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gaijin4life



Joined: 23 Sep 2006
Posts: 150
Location: Westside of the Eastside, Japan

PostPosted: Wed Apr 25, 2007 9:00 am    Post subject: Reply with quote

voodoochild wrote:
..... Who are you Glenski ... ?


Let`s keep it constructive and on (or around the issues..) Glenski (and others who know `everything` or a heck of alot anyways about living/working in Japan) give very useful, sound advice to newbies and others.. - you go Glenski !! Very Happy

peace out
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voodoochild



Joined: 04 Apr 2003
Posts: 80

PostPosted: Wed Apr 25, 2007 9:31 am    Post subject: Reply with quote

Well your name says it all 'Gaijin for Life'
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Mr. Kalgukshi
Mod Team
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Joined: 18 Jan 2003
Posts: 6613
Location: Need to know basis only.

PostPosted: Wed Apr 25, 2007 9:52 am    Post subject: Locked Reply with quote

This thread is now returned for on topic posting. The last inappropriate posting resulted in a very severe sanction for the responsible party. The next time this thread is locked or derailed will be the last time.
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gaijinalways



Joined: 29 Nov 2005
Posts: 2279

PostPosted: Thu Apr 26, 2007 1:53 am    Post subject: Reply with quote

Quote:
I disagree that an off-topic forum section is needed, it seem to me that `most` posts on `most` topics are on (or very near to) the topic, while it is only some posts (?) that do go off onto related (or unrelated ) topics.

- Isnt a forum a place where a range of issues (in this case relevant to people working or interested in working in Japan) can be discussed ...


I still opine that we still need an off topic board. I realize some may feel that this is related to living in Japan, but certainly not teaching or at least not in the way the issue was raised, as neither Obara or Blackman were teachers.

As to preponderance of evidence, yes it would seem there should have been more than enough and a lot of parallels are raised with the arsenic poisoning case.
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wabisabi365



Joined: 04 Feb 2007
Posts: 111
Location: japan

PostPosted: Thu Apr 26, 2007 3:41 am    Post subject: Who Decides? Reply with quote

MOD EDIT

If we look at the Blackman case, controversial because of its ruling and of interest to the teachers here, (even though she was not a teacher herself) who is to decide whether or not we should discuss it? Someone (who, by the way, is not a moderator) telling us NOT to discuss it sidetracks the initial discussion, and some less-than-mature posters take it upon themselves to create a tangent from the initial discussion. In this instance, the tangent was, quite simply, a rant that took away from the issue.

MOD EDIT

In any case, back on topic, it has been interesting (and eye-opening) for me to see the amount of interest the Japanese co-ordinators in my group here at my uni have regarding the Blackman story. They have brought in Japanese articles for me to read, and I have shown them the news from my own English language newspaper. There has been a genuine interest and concern on their part, and I, for one, have found the open discussion about something that may be perceived as taboo or shameful quite refreshing.

Over and out,
ws365
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southofreality



Joined: 12 Feb 2007
Posts: 579
Location: Tokyo

PostPosted: Thu Apr 26, 2007 4:10 am    Post subject: Reply with quote

Nice post, wabisabi.

You're right. There's quite a bit of interest in this story, on the parts of foreigners and Japanese. It was all over the news and discussion programs yesterday here in Japan.

As far as on topic or off topic goes, many people come to this forum looking for information as it relates to the lives of foreigners in Japan. I think that fact gives some relevancy to discussion of the topic at hand.
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Mr. Kalgukshi
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Mod Team


Joined: 18 Jan 2003
Posts: 6613
Location: Need to know basis only.

PostPosted: Thu Apr 26, 2007 4:56 am    Post subject: Reply with quote

You may assume the topic is appropriate for discussion at this point or the thread would have been deleted.

It would be very prudent for there to be no more postings regarding the appropriateness of the topic of this thread.
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