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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.

Hakamada Iwao and the Declining Support for Japan’s Death Penalty

Execution Chamber
at Tokyo Detention Center
Despite government figures, the Japanese public appears increasingly skeptical of capital punishment.

Since conservative Prime Minister Shinzo Abe came to power in December 2012, eight Japanese prisoners have been executed. A 2009 government poll, often cited when the issue of capital punishment is raised in Japan, claims that 86 percent of the Japanese public was in favor of the practice. However, more recent research from Oxford University reveals diminished enthusiasm for the death penalty among questions over its place in modern society.

Japan – a country that prefers hangings to the “more humane” method of lethal injection – has drawn widespread criticism from rights groups across the globe for its practice of so-called “secret” executions.

“Prisoners, who spend years, even decades, on death row, typically are not told of their execution until hours before they are led to the gallows,” reported The Guardian. “Their lawyers and relatives are informed only after the execution has been carried out.”

Mitsuo Fujishima and Ryoji Kagayama – convicted of two murders each – were both hung in December without prior notice. One hundred and twenty nine inmates await execution in Japan, including a man who has been on death row for more than 45 years.

The story of Iwao Hakamada provides a rallying cry for anti-death penalty advocates. Hakamada, 77, is the world’s longest serving death row inmate. Once a professional boxer, he was sentenced to death for murdering a family of four in 1968. More than half of his live has been lived behind bars, including 30 years in a solitary confinement cell.

“There has long been speculation Hakamada was innocent, and in 2007 one of the three judges who originally convicted him publicly declared he had thought Hakamada was innocent,” wrote Daily Mail. “Amnesty International claims new DNA tests undertaken in 2012 point to Hakamada’s innocence.”

A survey of 20,000 Japanese citizens carried out by Mai Sato, a criminology researcher at Oxford University, points to changing attitudes about the death penalty. She separated respondents into groups of individuals who were either for, against or undecided on the subject.

Each group was then split down the middle – one half was given a “detailed explanation of the execution process and the potential for miscarriages of justice” while the other half wasn’t.

Of the informed group, only 36 percent supported the continued use of capital punishment. In the uninformed group, 46 percent were for the death penalty – nearly half of the government’s reported figures.


Source: The Diplomat, Feb. 21, 2014

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