Skip to main content

Japan | Why do lawyers work so hard to defend murderers from the death penalty?

TOKYO—Why fight to keep a murderer alive? asks Aera magazine (Sept 21-28).

Defense lawyer Yasushi Mizutani’s profession qualifies him to explain.

On July 5, 2009, at 4:15 in the afternoon, a man walked into an Osaka pachinko parlor, doused the floor with gasoline and set it on fire. Five burned to death. Ten others survived their burns. The next day police in Hiroshima arrested Sunao Takami, then 41. He confessed immediately.

“Why did you do it?” they asked him.

He shrugged. “I wanted to kill. It didn’t matter who.”

The death penalty is widely seen as barbarous. Worldwide, it’s on its way out. Japan and the U.S. are the only G7 “major Western democracies” that retain it. Human rights advocates are appalled. Rightly so, no doubt. But who can read the above sketch without an emotional surge whose verbal rendering would be, “Let him hang!”

Is that barbarous?

That’s one question. Another is: do the details and fine points that flesh out the sketch, giving Takami human contours and an individual identity, soften the instinctive hate, make us feel guilty for it, arouse sympathy? Mizutani, who defended Takami in court, feels they do. The judges and jurors who determined Takami’s fate didn’t. Takami was hanged on August 21. Seventeen years had passed since the fatal afternoon in the Osaka pachinko parlor.

Takami’s off-hand remark to police is too easily taken at face value, Mizutani writes in Aera. It’s a lot more complicated than that. The “human contours” Mizutani’s article gives him make that, at least, clear.

Stimulant drugs Takami had used in his 20s came back to haunt him in his 30s. He was a long-distance trucker – long, long hours at the wheel, kilometer after lonely kilometer along an endless highway. He saw visions, heard voices. They took shape as a woman named “Mifi.” The people around him, she said, were manipulating him, conspiring against him. No wonder his life was going nowhere. Was there no fight, no resistance in him? There was, he assured her. Show me, she urged. How? Kill. Who? Anyone.

Symptoms such as these are usually classed as mental illness. Can the insane be held responsible for the insane things they do in the grip of insanity? Takami cannot be, Mizutani argued in court. But his article in Aera mentions no psychiatric tests or treatment, and the courts, from Lower all the way up to Supreme, rejected the insanity plea, finding in the shrewd and detailed planning of the arson proof of rationality, sanity, and, consequently, responsibility. Takami, not “Mifi,” must be held accountable. 

Which was fine with Takami. He showed no wish to be spared. At one point he delivered a rant to the effect that the court—judges and jurors—were “liars,” pawns in Mifi’s power. Otherwise he was quiet—even, Mizutani says, “shy.” He made no appeal for sympathy. He declined to apologize to members of his victims’ families.

That just about rounds out the portrait we’re given. It’s incomplete, inevitably, and remains so even with the additional detail that at the time of the crime he’d been long unemployed and was grievously in debt; but if sympathy is the basis for opposition to the death penalty, there’s not much here, nothing in the man himself to suggest a spark of human feeling our own feelings can respond to—except maybe this: when Mizutani, seeking to puncture Takami’s indifference in the face of death, mentioned that hanging, which he and many others condemn as cruel and unusual punishment banned by the Constitution, can break the neck bone, Takami grimaced and rubbed his neck as though in pain, murmuring, “That’s awful!” When Mizutani suggested he file a final appeal for clemency, Takami showed no interest (let alone gratitude), saying only, “I want a game magazine”—though video games were forbidden to him.

He’s a man, in short, very hard to sympathize with—hard to feel anything for except revulsion, to the point almost that anyone who feels none might be called unnatural, for trivializing the grief of the bereaved if for no other reason—for murder destroys not only the victim’s life but those of his or her intimates. Mizutani understands this perfectly well. “If someone in my family were murdered,” he writes, “I might very well want the murderer executed.” He is understanding, too, towards bereaved family members venting their fury toward the murderer on the murderer’s defender. “I’ll burn your family!” read an anonymous message on Mizutani’s X account—the ugliest though by no means the only explosion of the verbal violence of despair.

That said, is desire for revenge justified, is the court, or should it be, an instrument of revenge? Is revenge justice? Is justice revenge? Or is it something more, something higher? If higher, what? Recognition of everyone’s humanity and human dignity, extended even to those who commit the ultimate violation of human dignity: murder? Barbarism licensed revenge. Civilization, in curbing it, is generally considered a step upward. Is that the last word on the subject?

There is no last word. Questions are many, answers few. One more question: where is the fine line between evil and illness? A lot of awful crimes are committed by people whose minds do not function normally. Does that absolve them of the label “evil,” if not of punishment?

Source: japantoday.com, Michael Hoffman, September 28, 2026. Michael Hoffman is the author of “The Arimasen Dialogues.”




"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted."
— Oscar Wilde
Globe
Death Penalty News For a World without the Death Penalty

Comments

Most viewed (Last 7 days)

William Thompson Faces Execution in Florida Amid Dementia, Terminal Illness Concerns

Florida Governor Ron DeSantis signed an exe­cu­tion war­rant for 74-year-old pris­on­er William ​“Bill” Thompson less than 24 hours after he was released from the hos­pi­tal to the hos­pice wing of the prison. After his attor­neys raised seri­ous con­cerns about his men­tal com­pe­ten­cy and dete­ri­o­rat­ing phys­i­cal health, Gov. DeSantis agreed to tem­porar­i­ly stay the exe­cu­tion so Mr. Thompson’s com­pe­ten­cy can be eval­u­at­ed on October 1. If he is found com­pe­tent, his exe­cu­tion remains sched­uled for October 13.

Texas executes Ker’Sean Ramey

Texas executes man for a triple killing, days after other man convicted in case was put to death  A man was executed Wednesday evening in Texas for a triple killing committed during an attempted robbery at a rural home, 1 week after the other man convicted in the case was put to death.  Ker’Sean Ramey, 41, was pronounced dead at 6:34 p.m. CDT following a lethal injection at the state penitentiary in Huntsville. He was the 6th person executed this year in Texas, with 3 more lethal injections scheduled in the state over the next 2 months. 

Tennessee Supreme Court denies stay for death row inmate Christa Pike

(TNND) — As Tennessee prepares for a Sept. 30 execution, the Tennessee Supreme Court has denied death row inmate Christa Gail Pike’s request to stop it. The court rejected Pike’s challenge to the state’s lethal-injection protocol, finding that her thrombocytosis diagnosis, a condition involving elevated blood platelets, did not show the execution would violate the Eighth Amendment ban on cruel and unusual punishment.

Texas House chairman wants child rapists eligible for death penalty

AUSTIN (Nexstar) — Under current Supreme Court precedent, states cannot execute someone for raping a child if the victim survives. That’s not stopping State Rep. Jeff Leach, R-McKinney. “We’re going to have a debate in this building behind me about the death penalty being on the table for any Texan who rapes a child,” Leach, the chair of the Texas House Committee on Judiciary & Civil Jurisprudence, said. Leach made the comments while hosting a news conference supporting his client, abuse survivor Cindy Clemishire.

Israel | Ben Gvir discusses death penalty for Neveh Tzuf terrorist hours before Yom Kippur

National Security Minister Itamar Ben Gvir raised the possibility of applying the death penalty to the Neveh Tzuf terrorist during a security meeting with Prime Minister Benjamin Netanyahu. Two hours before the start of Yom Kippur on Sunday, National Security Minister Itamar Ben Gvir raised the possibility of applying the death penalty to the terrorist responsible for the attack in Neveh Tzuf during a security meeting with Prime Minister Benjamin Netanyahu. Netanyahu had reportedly convened the meeting in response to the security situation in the West Bank following the Sunday terror attack.

Philippines | President Marcos Grants Absolute Pardon to Mary Jane Veloso

President Marcos Confirms Decision to Grant Absolute Pardon to Mary Jane Veloso  President Ferdinand R. Marcos Jr. has signed an absolute pardon for Mary Jane Veloso after more than a decade.  On Friday (September 25, 2026), the President confirmed the decision during a visit to Guiuan, Eastern Samar.  According to him, the pardon was officially signed the previous day, marking a major development in the case.  

Texas set to execute second man convicted in 2005 South Texas triple murder

Ker’Sean Olajuwa Ramey is scheduled to die Wednesday, one week after the state executed his co-defendant for the same killings. Texas is scheduled to execute a man on Wednesday for the 2005 shooting deaths of three people during a botched robbery in a small South Texas town, just one week after the state put his co-defendant to death for the same crime. Ker’Sean Olajuwa Ramey, 41, is scheduled to die by lethal injection Wednesday evening at the state penitentiary in Huntsville.

Florida | Tomasz Kosowski found guilty of murder after representing himself in death penalty case

Tomasz Kosowski sat each day alone at the defense table, wearing orange jail garb and rubber sandals with socks. In a rare and largely unprecedented move for a death penalty case, Kosowski represented himself, waiving his right to a jury trial and allowing a judge in Pinellas County, Florida, to decide his fate. Prosecutors presented the state’s case over six days, laying out for the judge how the former plastic surgeon accosted Steven Cozzi in the bathroom of his law office on a Tuesday morning, and Cozzi was never seen again.

Singapore | Ministry of Home Affairs refutes claims that death penalty was discussed during visit by Israel's security ministry

The Ministry of Home Affairs says discussions with the Israeli government involved the sharing of best practices in emergency response, crime prevention, and forensics. Issues relating to the death penalty “were never part of the meeting and were not discussed."  SINGAPORE: The Ministry of Home Affairs (MHA) on Friday (Sep 11) refuted claims by an Israeli media outlet that the death penalty was discussed during a visit by an Israeli delegation in May. The Haaretz newspaper reported on Sep 7 that a delegation comprising representatives from the Israel Prison Service and National Security Ministry made a “secret visit” to Singapore that month.

Tennessee | Christa Pike Requests Clemency Ahead of September 30 Execution Date; Experts’ Amicus Brief Points to ​‘Substantial Risk’ of Re-traumatization

Lawyers for Christa Pike, the only woman on Tennessee’s death row, filed a 226-page clemen­cy peti­tion with Governor Bill Lee, ask­ing him to com­mute her death sen­tence to life in prison with­out the pos­si­bil­i­ty of parole ahead of her September 30 exe­cu­tion date. Ms. Pike’s clemen­cy peti­tion out­lines the case her team has built over decades of appeals: her actions at 18 years old can­not be sep­a­rat­ed from a child­hood marked by repeat­ed rape, sex­u­al abuse, and neglect that went unad­dressed by the adults and state sys­tems meant to pro­tect her. Once incar­cer­at­ed, Ms. Pike was diag­nosed with bipo­lar dis­or­der and post-trau­mat­ic stress disorder.