• foxymulder@lemmy.ml
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    3 months ago

    doesnt japan have a near 100% conviction rate too? they dont prosecute offences if theres a chance of not winning?

    • tiredofsametab@kbin.run
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      3 months ago

      It’s not 100% but it’s super high and, yeah, they usually don’t prosecute unless they think they have a really solid case. That said, some of that also includes confessions that some have argued are under duress (and, in the case of foreigners, people who aren’t exactly sure what they’re signing, though I have no idea how that’s legal).

      • ReallyActuallyFrankenstein@lemmynsfw.com
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        3 months ago

        They also can hold suspects in detention without trial or hearing for months while they investigate, if they choose. It’s not often discussed but it’s a huge part of the pressure/duress.

          • ReallyActuallyFrankenstein@lemmynsfw.com
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            3 months ago

            This may have changed since I learned about it in 2008, but my understanding is that they get around that rule by technically “releasing” you and “rearresting” you on suspicion of related crimes. The “rearrests” can stack.

            • tiredofsametab@kbin.run
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              3 months ago

              I think it has to be another crime, but that probably still can be done. I’m not a lawyer so I’m not sure, and I hope I never have occasion to find out.

    • thedirtyknapkin@lemmy.world
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      3 months ago

      i mean “don’t prosecute until they have a solid case” is one way of looking at it, the other is “the courts always side with the police”

    • Blackmist@feddit.uk
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      3 months ago

      Not sure what sort of sentence he’s looking at here though.

      The guy who actually boarded the ship and tried to assault the captain only got a suspended sentence. And this guy is being tried as an accomplice for that.

      It doesn’t sound terribly serious, tbh.