Dave,
We're going to have to agree to disagree on a point or two, and unless you or I know of specific instances, what you say is merely speculation IMO. Neither of us knows for certain what will happen if "someone is suspected of something and the police are asking questions. And if this situation arises and you have done nothing wrong".
Of corse it is speculation, but it is just common sense that things could be cleared up much quicker if you know Japanese.
You don't know they would try speaking English to you. Plus, you seem to keep coming back to an ill-defined solution of being fluent in Japanese. I'm asking how fluent, but you don't answer. Nice sidestep, but it is a non-answer that I take for being unable to answer, which only weakens your case.
Huh??? Where did you ask how
fluent someone needs to be, I recall you asking what kind of phrases would someone need to know? So I answered in my previous post, Quote by me
"learn Japanese well enough to converse" . But if you want an answer to your
new question,Which BTW is next to impossible to estimate, you have to be fluent enough to not misunderstand what you are being asked and be able to express yourself well enough for the other person get a full picture of what you are saying. So yeah , I would say you would have to know Japanese pretty well. Maybe a junior high school students level in speaking would be sufficient, which is pretty high.
About the English point, when I was last pulled over for speeding, I was spoken to in English first. I answered in Japanese and from then on in not once did one of them try to explain anything in English. And for the purpose of the thread, my Japanese is the level of any other Japanese business man or women, no one knows I am not Japanese on the phone unless they know me, so it would be safe to say I have no "namari". Did this add to the reason why I why not asked for my alien card? I would say it was a very big factor.
You wrote that "misunderstandings (as a result of poor language fluency) can deprive you of your rights". No, the police or court system deprives you. Your poor language level only leads to it, and even so, there are cases where clear understanding of the language is not enough to stop police from doing what they want. Simple case is Debito's report from the Chitose airport where, despite his fluency and clear statements to the officer about his being Japanese, the officer asked him several times for his ID. A more complicated one and one with more far-reaching and serious tones is the false arrest and incarceration of a man, mostly because he was a foreigner and denied his rights.
http://www.debito.org/?p=547 [I think this was the case. If not, it is still a case of heinous deprivation of human rights IN and out of jail.]
Leading to your rights being violated or actually having your rights violated due to language deficiencies, I don't know which one is worse. In any case you get my point.
Yeah , and that situation could not have been avoided? yeah right.... but Dave was looking for something else, we all know he is an equall rights advocater and if thats what he wants to do I don't mind. I listened to the tape and his answers were all done up to bait the cop, now this is only spectulation but he could avoided the whole situation if he stated the law first and then if he felt neccessary explain that he was Japanese.
And that last link you posted, a very concerning case for sure. And I don't want post on his misfortune and I hope he gets justice. But did that article just prove at least one of my points?
a) The court interpreter (which the court appoints) was not very good. Consequently the judge didn't understand Osayuwamen's wife's testimony. So they have to repeat the hearing and Osayuwamen has to languish in jail another month.
My point about being able to covey ones self, is this not depriving his rights due to the fact that she could not answer the court sufficiently? An extra month incarceration? Or am I missing something here?