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)

Singapore executes three drug mules over two days

Singapore hanged three people for drug offences last week, bringing the total number of executions to 17 this year - the highest since 2003. These come a week before a constitutional challenge against the death penalty for drug offences is due to be heard. Singapore has some of the world's harshest anti-drug laws, which it says are a necessary deterrent to drug crime, a major issue elsewhere in South East Asia. Anyone convicted of trafficking - which includes selling, giving, transporting or administering - more than 15g of diamorphine, 30g of cocaine, 250g of methamphetamine and 500g of cannabis in Singapore will be handed the death sentence.

Florida | After nearly 50 years on death row, Tommy Zeigler seeks final chance at freedom

The Winter Garden Police chief was at a party on Christmas Eve 1975 when he received a phone call from his friend Tommy Zeigler, the owner of a furniture store on Dillard Street. “I’ve been shot, please hurry,” Zeigler told the chief as he struggled for breath. When police arrived at the store, Zeigler, 30, managed to unlock the door and then collapsed “with a gaping bullet hole through his lower abdomen,” court records show. In the store, detectives found a gruesome, bloody crime scene and several guns. Four other people — Zeigler’s wife, his in-laws and a laborer — lay dead.

Louisiana death row inmate freed after nearly 30 years as overturned conviction upends case

A Louisiana man who spent nearly 30 years on death row walked out of prison Wednesday after a judge overturned his conviction and granted him bail. Jimmie Duncan, now in his 60s, was sentenced to death in 1998 for the alleged rape and drowning of his girlfriend’s 23-month-old daughter, Haley Oliveaux — a case long clouded by disputed forensic testimony. His release comes months after a state judge ruled that the evidence prosecutors used to secure the conviction was unreliable and rooted in discredited bite-mark analysis.

Oklahoma board recommends clemency for inmate set to be executed next week

A voting board in Oklahoma decided Wednesday to recommend clemency for Tremane Wood, a death row inmate who is scheduled to receive a lethal injection next week at the state penitentiary in McAlester.  Wood, 46, faces execution for his conviction in the 2001 murder of Ronnie Wipf, a migrant farmworker, at an Oklahoma City hotel on New Year's Eve, court records show. The recommendation was decided in a 3-2 vote by the Oklahoma Pardon and Parole Board, consisting of five members appointed by either the governor or the state's top judicial official, according to CBS News affiliate KWTV. Oklahoma Gov. Kevin Sitt will consider the recommendation as he weighs whether to grant or deny Wood's clemency request, which would mean sparing him from execution and reducing his sentence to life in prison without the possibility of parole.

Vietnam | Woman sentenced to death for poisoning 4 family members with cyanide

A woman in Dong Nai Province in southern Vietnam was sentenced to death on Thursday for killing family members including two young children in a series of cyanide poisonings that shocked her community. The Dong Nai People's Court found 39-year-old Nguyen Thi Hong Bich guilty of murder and of illegally possessing and using toxic chemicals. Judges described her actions as "cold-blooded, inhumane and calculated," saying Bich exploited the trust of her victims and "destroyed every ethical bond within her family."

Afghanistan | Two Sons Of Executed Man Also Face Death Penalty, Says Taliban

The Taliban governor’s spokesperson in Khost said on Tuesday that two sons of a man executed earlier that day have also been sentenced to death. Their executions, he said, have been postponed because the heir of the victims is not currently in Afghanistan. Mostaghfer Gurbaz, spokesperson for the Taliban governor in Khost, also released details of the charges against the man executed on Tuesday, identified as Mangal. He said Mangal was accused of killing members of a family.

Afghanistan's Taliban rulers carry out public execution in sports stadium

The man had been convicted of killing 13 members of a family, including children, and was executed by one of their relatives, according to police. Afghanistan's Taliban authorities carried out the public execution of a man on Tuesday convicted of killing 13 members of a family, including several children, earlier this year. Tens of thousands of people attended the execution at a sports stadium in the eastern city of Khost, which the Supreme Court said was the eleventh since the Taliban seized power in 2021 in the wake of the chaotic withdrawal of US and NATO forces.

Utah | Ralph Menzies dies on death row less than 3 months after his execution was called off

Judge was set to consider arguments in December about Menzies’ mental fitness  Ralph Menzies, who spent more than 3 decades on Utah’s death row for the 1986 murder of Maurine Hunsaker, has died.  Menzies, 67, died of “presumed natural causes at a local hospital” Wednesday afternoon, according to the Utah Department of Corrections.  Matt Hunsaker, Maurine Hunsaker’s son, said Menzies’ death “was a complete surprise.”  “First off, I’d say that I’m numb. And second off, I would say, grateful,” Hunsaker told Utah News Dispatch. “I’m grateful that my family does not have to endure this for the holidays.” 

Iran carries out public hanging of "double-rapist"

Iran on Tuesday publicly executed a man after convicting him of raping two women in the northern province of Semnan. The execution was carried out in the town of Bastam after the Supreme Court upheld the verdict, the judiciary's official outlet Mizan Online reported. Mizan cited the head of the provincial judiciary, Mohammad Akbari, as saying the ruling had been 'confirmed and enforced after precise review by the Supreme Court'. The provincial authority said the man had 'deceived two women and committed rape by force and coercion', adding that he used 'intimidation and threats' to instil fear of reputational harm in the victims.

Burkina Faso to bring back death penalty

Burkina Faso's military rulers will bring back the death penalty, which was abolished in 2018, the country's Council of Ministers announced on Thursday. "This draft penal code reinstates the death penalty for a number of offences, including high treason, acts of terrorism, acts of espionage, among others," stated the information service of the Burkinabe government. Burkina Faso last carried out an execution in 1988.