Skip to main content

Japan: To advise lay judges, Supreme Court institute cites death penalty precedent

Execution chamber and command
room at Tokyo Detention Center
A research institute affiliated with the Supreme Court has issued a report on murder trials in which capital punishment has been handed down to serve as a precedent for lay judge trials, noting the ultimate sentence is usually reserved for cases involving multiple slayings.

The Legal Training and Research Institute said Monday it compiled the research paper to look into past death sentences to provide input for lay judges hearing criminal trials.

Judges, particularly nonprofessionals, should carefully consult past cases before they decide whether to hand down the death sentence because it is extremely important to ensure fairness, given the severity of the punishment compared with a prison term, it said.

For less serious crimes, the institute called for tolerance of varying conclusions by lay judges in terms of the severity of sentences.

The lay judge system was introduced in May 2009 to handle murders and other serious crimes to include the participation of ordinary citizens in the judicial process, which was previously handled only by professional judges.

The institute's findings endorsed the Supreme Court's standards set in 1983 in the case of Norio Nagayama, who was hanged in 1997 for killing 4 people when he was a teenager. Among other factors, the so-called Nagayama standards take into consideration the number of victims, motives, brutality and social impact of the crime.

The research body examined 346 murder or robbery-murder cases between 1980 and 2009 in which the ruling was for death or life imprisonment, against the demands of prosecutors for capital punishment.

Among them, death sentences were finalized in 32 % of cases where there was only 1 victim, while the rate rose to 59 % in cases involving 2 victims and to 79 % when 3 or more people were killed.

The paper said it is "natural that criminal responsibility of the defendants becomes heavier when the number of victims is large, as human lives should be protected most under the Penal Code."

The report notes that all 10 convicted murderers who killed again after being released on parole from life prison terms were given the death sentence even if there was only 2 victim.

In 5 of 10 kidnap-for-ransom cases in which one person was killed, the defendants were sentenced to death, according to the institute.

In all 21 robbery-murder cases with three or more people slain, the defendants were given the death penalty.

In cases where the number of murder victims totaled three or more, some defendants were sentenced to life. Some of them were found to have a mental disorder, or they played a subordinate role in the crime or they had killed family members.

The institute also found an increasing trend in which courts have handed down the death sentence in murder trials of the first instance in the five-year period from 2005 compared with each 10-year period since 1955, underlining the recent tendency of harsher punishments given to convicted killers.

Between 2005 and 2009, capital punishment was handed down in 0.99 percent of murder trials of the first instance, compared with 0.2 percent during the 40-year period beginning in 1955.

In the lay judge system, 6 citizens sit with 3 professional judges to decide the facts in a case and arrive at a verdict.

Source: Japan Times, July 24, 2012


Japan's death terms rise 4-fold over 20 years

Execution chamber
at Tokyo Detention Center
The ratio of defendants given the death penalty for murder to all those tried on the same charge at district courts has risen by almost four times over the past 20 years, according to research conducted by an institute affiliated with the Supreme Court.

The Legal Training and Research Institute, a training facility affiliated with the top court, on Monday released a report on the research on death sentences and other legal trends before the introduction of the lay judge system. It is the 1st research of its kind in the nation.

The research was conducted by a team comprising a criminal law scholar and three judges and was aimed at providing guidelines for lay judges, who the researchers suggested should follow historical sentencing trends in capital cases.

The research covered the years from 1946 to 2009, before the introduction of the lay judge system in May 2009.

The team examined the ratio of defendants sentenced to death out of all defendants tried for murder at district courts for every decade from 1946 to 2009.

During the 1st decade from 1946 to 1954, --when the nation was still experiencing chaos after World War II--the ratio stood at 1.02 %. Over the 4 decades from 1955 to 1994, the ratio remained flat at about 0.25 %. It increased to 0.63 % for the following decade from 1995 to 2004, and for the 5-year period from 2005 to 2009, it rose to 0.99 %.

The 140-page report notes that a series of crimes committed by the Aum Supreme Truth cult, which came to light in 1995, created a tendency for judges to hand down harsher punishments.

It also said that while the number of crimes in general has been decreasing, indiscriminate mass murders resulted from unclear motives and other cases have been creating anxiety among the public.

The research also covered 346 murder or robbery-murder cases over a 30-year period from 1980 to 2009 in which prosecutors demanded the death penalty and rulings of capital punishment or terms of life in prison were later finalized.

Over the 30 years, only about 30 % of defendants for whom prosecutors had demanded capital punishment for murder or robbery-murder involving one victim had death sentences handed down and finalized, according to the report.

Source: Asia One, July 24, 2012

Most viewed (Last 7 days)

Kansas AG urges governor to deny clemency to 8 sentenced to death

TOPEKA — Attorney General Kris Kobach on Tuesday urged the governor to deny clemency to Kansas inmates who have been sentenced to death. Eight of nine people sentenced to death in Kansas formally filed clemency requests in May, according to a press release from the Attorney General’s Office. Kobach urged Gov. Laura Kelly to reject them.

With nitrogen gas blocked, Alabama seeks to execute inmate by lethal injection

Jeffery Lee, who successfully challenged his scheduled Thursday execution by nitrogen gas, argued that execution by firing squad would be less painful. The Alabama Attorney General’s Office Friday sought to put an Alabama death row inmate to death by lethal injection a day after the U.S. Supreme Court rebuffed the state’s attempt to execute him by nitrogen gas. In a filing with the Alabama Supreme Court Friday afternoon, the state sought an expedited motion to set a new execution date for Jeffery Lee, 49. The state said that with a permanent injunction in place against nitrogen gas, the method by which the state intended to execute Lee on Thursday, it could execute him by lethal injection or the electric chair.

Thomas, Alito and Gorsuch wanted an execution that a Trump judge deemed illegal

The Supreme Court these days is generally in the business of helping executions go forward. But on Thursday night, the court did something notable: It told Alabama no. Even then, the court wasn't unanimous. Justices Clarence Thomas, Samuel Alito and Neil Gorsuch dissented from the refusal to let the nitrogen gas execution of Jeffery Lee proceed. What prompted the rare rejection? In line with the typical shadow docket practice, the court didn't explain itself. Nor did the dissenters, who merely noted their disagreement. But a deeper look at the case helps us understand why a majority of the court was unwilling to help the state this time.

Gov. Mike DeWine calls for Ohio to abolish the death penalty

COLUMBUS, Ohio (WCMH) — Gov. Mike DeWine Tuesday morning called on Ohio to abolish the death penalty, citing data that he said proves it is no longer a deterrent to violent crime. “For the state to take a human life, there must, in my opinion, there must be evidence that in doing so it will help protect the public, that the threat of that action will deter someone from committing murder,” DeWine said. “I do not believe that argument today can be successfully made.” DeWine cited data showing a decline in the last four decades of executions being carried out and an increase in the time inmates spend on death row.

SCOTUS: Alabama can’t execute Jeffery Lee by nitrogen; Thursday execution called off

After a week of legal volleyball, Alabama death row inmate Jeffery Lee’s execution—scheduled for Thursday evening—was called off after federal courts called the state’s nitrogen gas execution method “likely unconstitutional.” The state took the fight to the U.S. Supreme Court, hoping Lee could still be put to death tonight.  In an order issued at 8:10 p.m., the U.S. Supreme Court ordered that it would not lift a ban on Alabama executing Lee via nitrogen . In a short court order, the justices denied Alabama’s motion to go ahead with the execution.  Associate Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch would have granted the appeal and let the execution proceed, according to the order. 

I watched Ohio's last execution. Here's what it was like

As Gov. DeWine calls for Ohio to end capital punishment, the state’s last execution remains the one I witnessed in 2018 Inside Ohio's death house, there is a room for executions and separate witness rooms: one for those connected to the victim and another for those connected to the inmate. Windows separate the death chamber from those watching, the condemned from the living. I was there on July 18, 2018 – during Ohio’s most recent execution. Robert Van Hook was put to death that day for killing David Self in 1985. He sat on death row for three decades. I was one of three media witnesses to the execution.

20 Minutes to Death: Witness to the Last Execution in France

The following document is a firsthand account of the final moments of Hamida Djandoubi, a convicted murderer executed by guillotine at Marseille’s Baumettes Prison on September 10, 1977. The record—dated September 9—was written by Monique Mabelly, a judge appointed by the state to witness the proceedings. Djandoubi’s execution would ultimately be the last carried out in France before capital punishment was abolished in 1981. At the time, President Valéry Giscard d'Estaing—who had publicly voiced his "deep aversion to the death penalty" prior to his election—rejected Djandoubi’s appeal for clemency. Choosing to let "justice take its course," the President allowed the execution to proceed, just as he had in two previous cases during his term:   Christian Ranucci , executed on July 28, 1976 and Jérôme Carrein , executed on June 23, 1977. Hamida Djandoubi , a Tunisian national, was sentenced to death for killing his former lover, Elisabeth Bousquet. He was execu...

New Mississippi billboard warns criminals: ‘Firing squad is legal’

DESOTO COUNTY, Miss. (WREG) — A billboard standing on Interstate 55 southbound as you cross the Tennessee state line and enter Mississippi from Memphis is sending a grim message to those coming into the state. DeSoto County District Attorney Matthew Barton recently announced the new billboard campaign, which features the sign reading, “WELCOME TO MISSISSIPPI. WHERE THE FIRING SQUAD IS LEGAL. THINK TWICE.” It references Mississippi’s law permitting execution by firing squad under certain circumstances for inmates sentenced to death. Barton says this campaign is aimed at deterring violent crime and sends a direct message to criminals entering Mississippi.

Idaho will soon turn to firing squad executions. Police will pull the triggers

Trained members of Idaho law enforcement with demonstrated firearms proficiency are expected to fill slots for carrying out the death penalty by firing squad as the state prison system transitions to the controversial execution method next month.  Six volunteers certified for no less than three years apiece through Peace Officer Standards and Training, or POST, will be recruited to ensure the Idaho Department of Correction is ready to comply with a state law that prioritizes shooting prisoners to death over lethal injection starting July 1.  No one on the team may have faced disciplinary action over firearms, use of force, or related conduct over the prior year, according to new execution protocols the prison system released this week. 

Alabama | Judge bars nitrogen gas execution, says method is unconstitutionally cruel

MONTGOMERY, Ala. -- A federal judge on Tuesday permanently blocked Alabama from executing an inmate with nitrogen gas after declaring it violates the ban on cruel and unusual punishment. U.S. District Judge Emily Marks issued the ruling hours after an appeals court reversed her initial finding that the method was constitutional. Marks permanently enjoined the state from executing Jeffrey Lee, 49, by nitrogen gas. He was scheduled to be executed Thursday. The decision, for now, blocks the use of the controversial new execution method that the state has championed since 2024, but the issue will likely end up before the U.S. Supreme Court.