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Biden Fails a Death Penalty Abolitionist’s Most Important Test

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The mystery of Joe Biden’s views about capital punishment has finally been solved. His decision to grant clemency to 37 of the 40 people on federal death row shows the depth of his opposition to the death penalty. And his decision to leave three of America’s most notorious killers to be executed by a future administration shows the limits of his abolitionist commitment. The three men excluded from Biden’s mass clemency—Dylann Roof, Dzhokhar Tsarnaev, and Robert Bowers—would no doubt pose a severe test of anyone’s resolve to end the death penalty. Biden failed that test.

Japan: Death sentence decisions take emotional toll on citizen judges

Execution chamber at
Tokyo Detention Center
A young man in Kanagawa Prefecture always gets nervous when he sees a headline about an execution in Japan. He fears that Sumitoshi Tsuda has been sent to the gallows.

“I cannot help but look to see if Tsuda-san’s name is there,” the 24-year-old man said. “I find myself relieved if his name is not among those who were executed.”

The Kanagawa man was, in fact, involved in sending Tsuda to death row.

The lay judge system was introduced in May 2009 as part of judiciary reform to reflect a commonsense view of the public in a realm long dominated by professional judges.

Many citizen judges are now struggling to come to terms with their decisions that will ultimately result in the death of a stranger.

One has even sued the government over the acute stress disorder she developed as a result of her lay judge experience.

Government officials, including Justice Minister Sadakazu Tanigaki, have noted the emotional impact the experience can have on citizen judges, but there are no plans in place to change the system.

The man in Kanagawa Prefecture was among the citizen and professional judges for the trial of Tsuda at the Yokohama District Court. They found him guilty of murdering three people in Kawasaki, Kanagawa Prefecture, in 2009.

A majority opinion sentenced Tsuda to death in June 2011. His sentence was finalized the following month after he withdrew his appeal to a higher court.

Tsuda, 61, could now be executed on any day.

“I will be depressed when he is executed because our collective decision is taking away his life,” said the former citizen judge. “Only lay judges who decided on a death sentence can understand how agonizing it feels.”


Source: The Asahi Shimbun, May 25, 2013

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