US Navy officer facing jail over fatal accident

Absolutely! Two people lost their lives due to sheer negligence ("involuntary manslaughter").
According to what Nagashima-san said, there's a lot of leeway. So I'm still curious as to what kinds of punishment people actually get.
 
Yes, the defence claims of acute mountain sickness were more than dubious and therefore rejected by the judge. Alkonis' release, however, was compliant with US law, apparently because his prison term in Japan exceeded the maximum sentence he'd have received in the US for involuntary manslaughter.
Is that true? Will vehicular manslaughter from falling asleep only add up to 1½ years in the US?! I would have thought it much higher.
 
Is that true? Will vehicular manslaughter from falling asleep only add up to 1½ years in the US?! I would have thought it much higher.
It's highly variable but if the cause is falling asleep (not drugs/alcohol) and the person doesn't have a criminal record it's possible they wouldn't receive much, if any, time in prison. This guy, for example, got 250 hour of community service and no jail time. This guy got 21 months.
 
It's highly variable but if the cause is falling asleep (not drugs/alcohol) and the person doesn't have a criminal record it's possible they wouldn't receive much, if any, time in prison. This guy, for example, got 250 hour of community service and no jail time. This guy got 21 months.
I get it, it's an accident, but still, less than two years for taking two lives and ruining two others? It sure doesn't feel like much.
 
According to what Nagashima-san said, there's a lot of leeway. So I'm still curious as to what kinds of punishment people actually get.
I checked the precedent of the trial.
Document of Ministry of Justice.
The negligent driving resulting in injury and death criminal offense that the punishment that was almost the upper limit of the discretionary penalty was sentenced to.
Precedent of the causing death case by the drive dozing
No. 5
Negligent driving resulting in injury and death.
(as for the upper limit of the discretionary penalty penal servitude, 7-year imprisonment)
5-year imprisonment four months.
Three dead people.
Six injured people.
The summary of the case.
Though I drove a medium-sized truck and it was in progress on an expressway and learned sleepiness because of fatigue by the duty on day after day, and the front gaze was in a difficult condition, I continued driving and fell into a nap state and let you progress at about 80-90 kilometers per an hour and let an own car collide to four vehicles stopping it for a traffic jam forward.


Trial precedent search
April 19, 2023
Kyoto District Court
No. 962 Case of defendant causing death and injury due to negligent driving.
One dead, injured person one.
Judgment
2-year imprisonment eight months.
Reason
(the fact that should become the crime)
The defendant was driving a semi-medium-sized truck and drove to Oaza B Koaza CD Higashiho, A-cho, Soraku-gun, Kyoto Prefecture, from around 1:27 p.m. on September 21, 2020 to around 1:31 p.m. on the same day. While driving from the road 100m away to the road in the tunnel A, near A-A, small-A, EF, G in the same town, he became drowsy and found it difficult to keep an eye on the road ahead, so he should stop driving immediately. However, due to his negligence, he did not stop driving immediately and continued driving in the above condition, and at around 1:32 pm on the same day, he drove east on the road about 50 meters west of A-a-a-a-hi block J in the same town. I fell into a nap while heading west at about 50km/h to 55km/h, and around that time, on a road that was curving to the left ahead of me, I moved my car into the right-hand lane, and at the turn, I saw A, who was heading straight in the opposite direction. (65 years old at the time) collided the front of his vehicle with the front of a regular truck (light four) driven by driver A, pushed the vehicle back and caused it to collide with the guardrail, causing multiple ruptured internal organs to the driver. Passenger B (age 65 at the time) of the driving vehicle sustained injuries such as diffuse axonal damage and acute subdural hematoma, which required hospitalization for approximately 4 months or more with sequelae such as higher brain dysfunction. On the same day, at around 4:12 p.m., A died from the multiple ruptured internal organs mentioned above at a hospital in K-ku, Kyoto City.
...(Partially omitted)
Furthermore, the defendant not only stated that he had no recollection of the circumstances leading up to the accident, but also stated that he did not do so even though it was clear from the drive recorder footage that the defendant was drowsy at the time, as mentioned above. Even with this in mind, the defendant has made statements and assertions that seem to deny responsibility for negligence, and it is difficult to see whether the words of remorse expressed by the defendant and the apology he wrote in the letter to the victim are based on sincere introspection. Although there are doubts, the defendant cannot escape the prison sentence as stated above without considering this point. Therefore, taking into account that the defendant's wife and his boss at work have offered to continue supervising and employing the defendant, and that the defendant is raising three children with his wife, The defendant was sentenced to the main sentence. Therefore, he renders the judgment in accordance with the main sentence. (Punishment - 4 years in prison)
 
I checked the first 10 cases on that page and a couple of them did get suspended sentences. So it seems that punishment varies, similar to U.S. Here's one of them. I wonder if working for the government was a factor in getting the suspended sentence.

Sentenced on July 2, 2027
Case No. Heisei No. 1: Defendant's case of negligent driving resulting in death or injury
Judgment
Main sentence
The defendant is sentenced to two years imprisonment.
The execution of the sentence shall be suspended for three years from the day this judgment becomes final and binding.
Reason
This accident resulted in the death or injury of five people who were not at fault.
The deceased victim was driving his own car when he collided with the vehicle in question, which suddenly entered his lane of travel.
The victims were driving their own cars when they collided with the vehicle in question, which suddenly entered their lane of travel, and their lives were cut short. In addition, one of the injured persons was injured by the collision.
One of the injured persons suffered serious internal injuries and had to undergo multiple surgeries.
One injured person suffered serious internal injuries and had to undergo multiple surgeries, which has had a serious negative impact on his life. The consequences of this case, including those for the other victims
The consequences of this case, including those for the other victims, are irreversible.
By the way, the defendant was in the position of the manager of the Election Administration Committee of Kawanishi City, Hyogo Prefecture, at the time of this case.
At the time of the incident, the secretariat needed to prepare for the general election of the House of Representatives in a short period of time.
In addition to the need to prepare for the general election of the House of Representatives in a short period of time, the secretariat was extremely busy due to the increased workload caused by the redistricting of the constituencies for the primary elections.
 
Condition (there is no criminal record with more than of imprisonment) that a stay of execution is included in

When I have not been sentenced to punishment with more than of imprisonment before, it may be for the judgment with the stay of execution when it is penal servitude, imprisonment with less than three years of punishment announced this time or fines less than 500,000 yen.
The National Police Agency homepage
As a premise,
It is that a defendant reflects in acknowledgment of liability arising from negligence and apologizes to a victim.
 
I checked the first 10 cases on that page and a couple of them did get suspended sentences. So it seems that punishment varies, similar to U.S. Here's one of them. I wonder if working for the government was a factor in getting the suspended sentence.

Sentenced on July 2, 2027
Case No. Heisei No. 1: Defendant's case of negligent driving resulting in death or injury
Judgment
Main sentence
The defendant is sentenced to two years imprisonment.
The execution of the sentence shall be suspended for three years from the day this judgment becomes final and binding.
Reason
This accident resulted in the death or injury of five people who were not at fault.
The deceased victim was driving his own car when he collided with the vehicle in question, which suddenly entered his lane of travel.
The victims were driving their own cars when they collided with the vehicle in question, which suddenly entered their lane of travel, and their lives were cut short. In addition, one of the injured persons was injured by the collision.
One of the injured persons suffered serious internal injuries and had to undergo multiple surgeries.
One injured person suffered serious internal injuries and had to undergo multiple surgeries, which has had a serious negative impact on his life. The consequences of this case, including those for the other victims
The consequences of this case, including those for the other victims, are irreversible.
By the way, the defendant was in the position of the manager of the Election Administration Committee of Kawanishi City, Hyogo Prefecture, at the time of this case.
At the time of the incident, the secretariat needed to prepare for the general election of the House of Representatives in a short period of time.
In addition to the need to prepare for the general election of the House of Representatives in a short period of time, the secretariat was extremely busy due to the increased workload caused by the redistricting of the constituencies for the primary elections.
The reason why it became the stay of execution is written in the decision.
Between the bereaved of the victim and three victims who got injured, a settlement out of court is established.
The defendant considerably hands the ex gratia payment of the sum for the bereaved and the victim that a settlement out of court is unfinished.
After this matter accident, a defendant has been by faithful correspondence, and the punishment feelings of the bereaved and the victim are performed appeasement of to a considerable degree.
Intention that I do not demand the criminal punishment for the defendant from the bereaved and three victims or I demand tolerant disposal is shown now.
In addition, the defendant shows a manner of the sincere reflection in acknowledgment of own responsibility while stating that there is not the memory just before the accident.
In addition, there is not the criminal record past record which you should see to a defendant, and having worked as a local public service worker seriously, old father appear in court as the circumstances witness, and the circumstances that you should draw are detected in the defendants such as worrying about the body of the defendant until now.

When I am dissatisfied with this judgment, a victim will appeal.
 
Stars and Stripes reports that, according to Jeffrey Hall, a special lecturer at Kanda University of International Studies in Chiba, the attention paid to the U.S. Parole Commission's 12 January order to release Lt. Ridge Alkonis "goes far beyond the scale" of standard criticism of the U.S. military in Japan. The social media traffic is "completely overshadowing" stories such as U.S. Forces Japan's relief efforts for the earthquake that hit Japan's Noto Peninsula on 1 January, said Hall, who has tweeted his critical posts about Alkonis' release (see above). He said appearances by Alkonis and his wife, Brittany Alkonis, on CNN and Fox News, and a post on X, formerly Twitter, by CNN anchor Jake Tapper, could "largely be blamed" for the attention the story is getting.


"The pressure campaign to release Alkonis and his subsequent release received very little media attention in Japan," Hall told Stars and Stripes by email Friday. "If they had not decided to draw attention to themselves with a post-release victory tour in the US news media, this event probably would have been largely unnoticed in Japan." [...] In the following days, users on X began posting about Alkonis' media appearances and early release. A post by @takigare3, which outlined the details of Alkonis' case and subsequent release, has received more than 29 million views since Jan. 16. It also noted Lee had asked Japan's government to apologize. Japan's chief cabinet secretary, Yoshimasa Hayashi, said he was aware of Lee's demand for an apology but refrained from commenting on "individual statements made by another country," he said during a Jan. 15 news conference. "In any case, I understand that it was handled appropriately in accordance with the law," he added. The attention is unlikely to affect the allies' relationship, and will likely fade quickly, Hall wrote.



 
Whether, as for the wife, calm in somebody of the family having had possibilities to be killed or injured though it is the car with the family, and it is drive dozing, and a husband causes a fatal accident why.
 
I'm torn about ending the man's career because of an accident. I do feel he should have accepted the sentence and served his time in Japan but after that, he should be free to continue his life. Perhaps because I don't feel he has sufficiently faced the consequences of his actions, a small part of me is thinking, "it's only fair". Which isn't really all that nice but I'm only human.

But it is an interesting read, not just regarding the current case. I know next to nothing about the United States' military so it was quite a surprise to me to read that they take such harsh actions against criminal offences:
"Conviction for any criminal offense is normally career ending; conviction for criminal homicide would almost certainly have that impact for any officer," even though the deaths were unintended
Even in the U.S., "it is really hard to imagine any officer being retained after being convicted of any homicide offense," he said by email Monday. "Remember that service members are routinely discharged for minor drug offenses."
I supposed this is a way of keeping the military's reputation squeaky clean and making sure it cannot be faulted in any way when it comes to the appearances and actions its members.
 
The BBC on the Alkonis case, the unequal relationship between Japan and the US, and geopolitical needs:

"To do so would be to aggravate the damage to US-Japan relations at a time when there is widespread recognition in Japan that, despite its iniquities, the alliance with the United States remains essential to Japan's security," he said, adding that such cases are "unquestionably damaging". Despite the "clear frustration" over the outcome of the Alkonis case, Jeffrey Hall of the Kanda University of International Studies added: "There is a sense of resignation among many Japanese that their powerful American allies do not treat them as equals and never will. The Alkonis incident underlines that this sense of inequality persists even when parties and presidents change in the United States."


 
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