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NEWS: 'Racist' judge jails foreigner found not guilty

thomas

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I found this article dealing with one Nikkei's experiences with the Japanese judicial system; taken from [DLMURL="http://mdn.mainichi.co.jp/news"]Mainichi Interactive[/DLMURL], Oct. 18,2001:

'Racist' judge jails foreigner found not guilty

A Tokyo High Court judge has ordered a Brazilian man to be jailed during his trial even though the defendant was found not guilty in an earlier trial.

Presiding Judge Taketaka Nakagawa complied with a prosecution request to jail Roberto Tokunaga because of fears that he may escape or conceal evidence that could lead to his conviction for inflicting bodily injury resulting in the death of his 3-year-old daughter.

Tokunaga had been found not guilty by the Matsumoto Branch of the Nagano District Court, but will be jailed anyway.

It is extremely rare for courts to implement such a move, but the same grounds were for cited for jailing a Nepalese man found not guilty of the 1997 murder of a Tokyo woman who moonlighted as a prostitute.

Tokunaga's lawyers called the court's decision "racist."

"It was an unfair decision made because the defendant is a foreigner. It was racist," Tsuyoshi Kamijo, Tokunaga's lawyer, said. "Having been found not guilty, his only worry was finding a job, not running away or hiding evidence."

Tokunaga's problem seems to have arisen because he told Nakagawa on several occasions when his hearing opened at the Tokyo High Court on Wednesday that the only address he could remember was the one in Nagano Prefecture where he lived when charged with his daughter's killing. Refusing to give the judge the answer he wanted gave grounds for Nakagawa to say that Tokunaga had no fixed address. That, together with fear of escape of concealment of evidence, is sufficient grounds for a defendant in a high court trial to be jailed during their hearing even if found not guilty in the earlier trial.


Copyright ツゥ Mainichi Interactive
 
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A guy I know of spent 4 years in a japanese prison because his nextdoor neighbour had some weed. The neighbour incriminated this guy because he wanted someone to keep him company in prison.
 

Uncle Frank

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Wow !!

Talk about digging up a rotting corpse; this one died in 2001!!

Frank

:blush:
 

Mike Cash

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Frank D. White said:
Talk about digging up a rotting corpse; this one died in 2001!!

Frank

:blush:
No wonder it stunk.

The shouts of "racist!!!" are to be expected from the defense attorney. I find them a bit overblown, myself.

The real point of interest here is Japan's lack of a double jeopardy protection. Notice that the appeal is a prosecutorial appeal of an innocent verdict.....not a defense appeal of a guilty verdict.
 

Uncle Frank

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I Don't Supose....

Japanese jails are like ours? HBO TV in everyone's cell.
3 great meals a day by a special chef. Free medical care on site. Access to free legal books & advice; also the internet. A new building color accented, better looking then many colleges. A chance to sue if things don't suit you. Guards of the opposite sex who will have sex with you(caught 5 here in Maine this year so far) if you're in the mood.But, you do lose your freedom, somewhat!

Frank

:? :blush: :eek:
 

Maciamo

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mikecash said:
Notice that the appeal is a prosecutorial appeal of an innocent verdict.....not a defense appeal of a guilty verdict.
Good point. Is that unique to Japan among developed countries ? I also thought that it only happened the other way round. What do the forum's lawyers think ? Thomas ?
 
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Frank D. White said:
Japanese jails are like ours? HBO TV in everyone's cell.
3 great meals a day by a special chef. Free medical care on site. Access to free legal books & advice; also the internet. A new building color accented, better looking then many colleges. A chance to sue if things don't suit you. Guards of the opposite sex who will have sex with you(caught 5 here in Maine this year so far) if you're in the mood.But, you do lose your freedom, somewhat!

Frank

:? :blush: :eek:
Swedens jails are a damn resort.. Saddam the ***** asked to stay in Sweden.. yeah right.. we've got enough immigrants here fleeing from him.. then again.. we might have alot of his supporters as well.. I think he was hoping to run a prison "from the inside" here.. our prisons hold alot of iraqians..
 

yutaka kaneshiro

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thomas said:
I found this article dealing with one Nikkei's experiences with the Japanese judicial system; taken from [DLMURL="http://mdn.mainichi.co.jp/news"]Mainichi Interactive[/DLMURL], Oct. 18,2001:

'Racist' judge jails foreigner found not guilty

A Tokyo High Court judge has ordered a Brazilian man to be jailed during his trial even though the defendant was found not guilty in an earlier trial.

Presiding Judge Taketaka Nakagawa complied with a prosecution request to jail Roberto Tokunaga because of fears that he may escape or conceal evidence that could lead to his conviction for inflicting bodily injury resulting in the death of his 3-year-old daughter.

Tokunaga had been found not guilty by the Matsumoto Branch of the Nagano District Court, but will be jailed anyway.

It is extremely rare for courts to implement such a move, but the same grounds were for cited for jailing a Nepalese man found not guilty of the 1997 murder of a Tokyo woman who moonlighted as a prostitute.

Tokunaga's lawyers called the court's decision "racist."

"It was an unfair decision made because the defendant is a foreigner. It was racist," Tsuyoshi Kamijo, Tokunaga's lawyer, said. "Having been found not guilty, his only worry was finding a job, not running away or hiding evidence."

Tokunaga's problem seems to have arisen because he told Nakagawa on several occasions when his hearing opened at the Tokyo High Court on Wednesday that the only address he could remember was the one in Nagano Prefecture where he lived when charged with his daughter's killing. Refusing to give the judge the answer he wanted gave grounds for Nakagawa to say that Tokunaga had no fixed address. That, together with fear of escape of concealment of evidence, is sufficient grounds for a defendant in a high court trial to be jailed during their hearing even if found not guilty in the earlier trial.


Copyright ツゥ Mainichi Interactive
i think america should use it law of freedoms your criminals have,my country japan which inprison people without eveidence.
 
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