
Masumi Hayashi
Here’s this week’s Media Mix about the press’s role in the phenomenon of enzai, or “false accusations” and the resulting convictions and punishment of people for crimes they didn’t commit. The focus of the column is on prosecutors who use any means at their disposal to secure convictions so as to improve their resumes when promotion time comes around. Many of their methods clearly violate the Constitution, such as their reliance on confessions. Article 38 states that confessions cannot be used as the sole evidence in a criminal case, and yet prosecutors have become so addicted to the practice that in many instances they don’t even bother to look for hard evidence, since that would take work, obviously, and since in some cases where the person did not actually do the crime for which he’s accused, there is likely no evidence anyway. What makes this situation even worse is that judges have gone along with the program, ignoring the Constitution and thinking mainly of their jobs. In the Tokyo Shimbun article cited in the column, one lawyer points out that judges in criminal cases tend to think more about their image in the public eye than they do about justice, thus implicating the media even more. For instance, the judge for the original Aoki-Boku case convicted the couple even though he didn’t find their confession to be convincing; but, in an example of the kind of logic that judges have to twist in order to satisfy the prosecution, he stated that “we can’t definitely say there is a zero possibility that [the fire that killed Aoki’s daughter] was natural [meaning not set deliberately], but we cannot help but say that the possibility is small.” In other words, even though the judge has his doubts about the prosecution’s claims, since there is even a small possibility that they might be right, he has to convict. This is not just a miscarriage of justice, it is blatant self-delusion. Continue reading










