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Biden Has 65 Days Left in Office. Here’s What He Can Do on Criminal Justice.

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Judicial appointments and the death penalty are among areas where a lame-duck administration can still leave a mark. Donald Trump’s second presidential term will begin on Jan. 20, bringing with it promises to dramatically reshape many aspects of the criminal justice system. The U.S. Senate — with its authority over confirming judicial nominees — will also shift from Democratic to Republican control.

Japan: Death sentences prove difficult for lay judges

Execution Chamber
at Tokyo's Detention Center
However one feels about the death penalty, it's difficult to argue that its application in Japan isn't arbitrary. Last week, former Justice Minister Hideo Hiraoka publicly denounced his successor Toshio Ogawa's decision to have three death row inmates hanged on March 29, saying that the government needs to discuss capital punishment before continuing with executions. The fact that Hiraoka on principle did not sign any death warrants during his tenure while Ogawa, in accordance with a very different set of values, approved three soon after assuming office shows that choices regarding life and death are governed more by personal whim than by guidelines. Don't forget, these two guys belong to the same political party.

At the symposium where Hiraoka made his remarks, the secretary general of the Japan Federation of Bar Associations called for a change in judicial rules in relation to the lay judge system. At present, a death sentence can be delivered if the majority of the nine judges — six nonprofessionals and three professionals — decide in favor of it and if one of the majority is a professional. The JFBA, which is basically against capital punishment, says that death sentences should only be validated if the decision is unanimous.

These contentious matters were indirectly addressed by the recent trial in Saitama District Court of Kanae Kijima, who was convicted of killing three men and sentenced to hang. The trial lasted 100 days, making it the longest since the lay judge system started two years ago.


Source: The Japan Times, April 29, 2012

Related articles:
Apr 01, 2012
Justice Minister Toshio Ogawa has canceled plans to set up a discussion panel on capital punishment despite the ruling Democratic Party of Japan's willingness to openly debate the issue, government sources said Saturday.
Apr 19, 2012
His comments came after Japan hanged three death row inmates on March 29 by order of his successor and current Justice Minister Toshio Ogawa in the first executions since July 2010, when then Justice Minister Keiko ...
Feb 01, 2012
Toshio Ogawa is the first justice minister to tacitly support capital punishment since the Democratic Party of Japan came to power in September 2009 and has no intention of engaging in the debate over whether to end the...
Jan 15, 2012
New Justice Minister Toshio Ogawa indicated he may issue execution orders as the number of death-row inmates has grown to a postwar high of around 130, but suggested that condemned Aum Shinrikyo members may not ...

Mar 29, 2012
Toshio Ogawa is the first justice minister to tacitly support capital punishment since the Democratic Party of Japan came to power in September 2009 and has no intention of engaging in the debate over whether to end the.

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