Japanese Moratorium on the Death Penalty by Mika Obara-Minnitt

By Mika Obara-Minnitt

Offering a well timed reanalysis of the problem of Japan’s capital punishment coverage, this innovative quantity considers the de facto moratorium classes in Japan’s demise penalty method and proposes an alternate analytical framework to ascertain the coverage. Addressing how the Ministry of Justice in Japan justified capital punishment coverage throughout the de facto moratorium classes from 1989 to 1993, from 2009 to 2010 and from 2010 to 2012, the writer debates the misconceptions surrounding the importance of those moratoriums.

The ebook evidences the method, cause and evolution of Japan’s Ministry of Justice in always justifying capital punishment coverage throughout the diversified execution-free sessions and gives a greater figuring out of the robust unelected elite who truly force the capital punishment process in Japan. in accordance with parliamentary court cases, public opinion surveys and periodical experiences by means of either overseas and household human rights NGOs in addition to interviews of presidency ministers, NGO employees, professional- and anti-death-penalty advocates, this article is essential analyzing for these drawn to Japan, its govt, legal justice process and regulations at the dying penalty and human rights.

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Extra info for Japanese Moratorium on the Death Penalty

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51 However, domestic debate on the constitutionality and legality of this system is still open-ended. For example, whilst Article 31 of the Constitution of Japan stipulates that ‘No person shall be deprived of life or liberty, nor shall any other criminal penalty be imposed, except according to procedure established by law’, Article 36 of the Constitution provides that ‘[t]he infliction of torture by any public officer and cruel punishments are absolutely forbidden’. The key point regarding this debate appears to be that the Japanese government has not solved or does not intend to solve a ‘legitimacy problem’ regarding the cruelty of hanging.

THE TWO-SIDED TRIANGLE: CAPITAL PUNISHMENT POLICY... 25 The legal ambiguities regarding death sentences may suggest at first sight that the Supreme Court reflects domestic crime and public sentiment sensitively. 68 Having said that, as Julian V. 69 Rather, more attention needs to be paid to: (1) how public sentiment on crimes tends to be shaped and measured; and (2) how Supreme Court decisions are made independently from these factors in Japan in reality. 5 per cent in 2015. 74 Furthermore, regarding the weight of public opinion about Supreme Court decisions it is important to acknowledge the elite-driven nature of capital punishment policy.

Newspaper and television coverage shed light on positive aspects of the event. Chiba became the very first Minister of Justice to witness a hanging, and in press conferences she stressed the need for a fundamental debate on capital punishment: It is not that I changed my mind […] I attended the executions as I believe it is my duty to see them through. 160 Based on testimony from prosecutors who witnessed the hangings, details of how death row inmates are brought to the venue and exactly how they are executed were disclosed officially on television for the first time, though most of these details had been available in existing literature compiled by NGOs.

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