My American friend go a DUI. I have heard about the Japanese “Hostage Justice System”. But now I am witnessing it first hand. I am really his only friend trying to help him out. He was drunk and had a fender bender with a Japanese citizens at night. (Very dumb of him I know). There were no serious injuries. The victim was treated for neck soreness. He was arrested and accused of DUI and detained for 23 days without being formally charged. He was assigned a public defender that only went to see him once. The victim has not cooperated with the investigation. From what I understand looks bad on the accused and prolonged the investigation. The prosecutor has decided to take it to public trial. He is facing 6mos to 1 year in prison. His bail is 1.5 million yen but apparently the request has not reached the judge yet.
Some challenges.
When I visit him there is no talk about the case allowed. And only 15 mins.
He wants to confess ever since the first day but that is up to the prosecutor.
He was interrogated multiple times per day with no legal representation. Sometimes with interpreter’s that barely spoke English.
He is not allowed any phone calls.
He has a serious allergy to soy and dairy. which is not taken into consideration with his meals. He basically eats juice and bread and if there is bento he can buy occasional it’s ok for him to eat.
I had no Idea the Japanese criminal justice system was as archaic and nonsensical as most of its business practices. Long story short don’t get arrested here. Any advice would be appreciated.
Ps. I don’t think his situation due to him being a foreigner. From what I understand many Japanese citizens have also been screwed over in a similar manner.
21 comments
Private lawyer
Life in Japan is pretty much over for your “friend”. There is no excuse for drinking and driving.
Yup. The Japanese system is heavily weighted against the accused. It is quite horrendous and probably not how a justice system should be. (It is also heavily weighted to where prosecutors only generally charge slam-dunk cases.)
Conversely, in America a vast majority of cases end in plea deals, where the accused may often decide it is better to admit guilt and accept a reduced sentence rather than face a prolonged trial (and pre-trial detention). Those who refuse plea deals are often pursued viciously by the prosecution, who may also strive to have strict / non-realistic bail provisions enacted.
Often even those who get bail / please out are trapped in an escalating debt-cycle where they have to cover the costs for their probation, etc.
None of this is meant to say the Japanese criminal justice is a good one (or its failings are somehow excused by the failings of America’s system), just that in general criminal justics systems tend to heavily favor the government, to the extent that lives can easily be ruined by mere involvement with the system.
Truly an area that needs widespread reform. I hope your friend is able to take responsibility, atone, and improve.
Has he been told he would actually go to jail? Unless he’s PR, I would expect a suspended sentence, deportation, and a ban (5 years to life) of returning to Japan.
Edit: PR or Japanese kids.
I can have a little sympathy if people had no idea about the justice system here, but if he had any idea about it, then it’s all on him for making a stupid decision. The fact that no one was killed or seriously injured is irrelevant, they could have been. After that family was killed by a drunk driver some years ago, they have become super strict about DUI as they should be.
Certainly, the legal system needs to be worked on when it comes to things like marijuana and visa overstayers (too strict), and child abuse, white collar crimes (not strict enough) but getting in an accident while drunk, the system seems just fine. No matter what happens regarding the outcome of the punishment, hopefully your friend will never do that again.
Your friend can go to hell. Drunk driver killed my brother. Zero sympathy.
DUI is treated very harshly in Japan, especially if it involves an accident. He should have known better.
Seems like the simplest solution to the problem would have been to not drink and drive in the first place. Thank god nobody was killed.
Regardless of the crime, or if they’re guilty, don’t they deserve to be treated humanely? I guess that view is a minority one.
He’s done in Japan with monst likely some prison time to serve then immediately deported. Lucky for your friend he did not kill anyone. Also lucky that when he gets deported he will never be allowed back in even on tourist. At the least though America won’t cair about his conviction.
I am surprised when foreigners break laws of the host country and become upset when they perceive he or she is not being treated fairly. I can’t understand the mind set. In addition, the person has an allergy to soy and dairy yet has no trouble consuming alcohol that resulted in a DUI. A non-Japanese person in Japan breaking the law and having to experience the Japanese law system. Wow.
Has he called the American embassy?
>I have heard about the Japanese “Hostage Justice System”. But now I am witnessing it first hand.
Your friend drank and drove. That’s a very serious offense in most of the world. They’re getting treated exactly how a Japanese person in the same situation would be treated.
Your friend made a very bad choice, he will now have to live with it. Maybe call the embassy of his home country.
Wow! Something for the praise thread. Glad your nearly-murderer friend is rotting in jail, as he should.
In Japan, there is a justice system but definitely no justice. I have no sympathy for drunk driver but such offense is not big enough for fucking yo his life 100%.
> Any advice would be appreciated.
Don’t drink and drive.
This has less to do with the Japanese justice system and more with the fact that your friend committed a serious crimes and was caught red-handed.
Moreover, he has expressed his guilt, which means the case is all but decided.
Yes, just like everything in Japan, the justice system is extremely archaic and cruel. However, your friend deserves every bit of it. There is no excuse for drunk driving. He will be lucky to only get 6 months – 1 year. He deserves more.
I, for one, am quite happy to hear this is how drunk-drivers get treated if I’m being honest 🙂
Oh no! Anyway…..