Sunday, July 31, 2011

Law in Japan (originally posted Feb. 1, 2009)

So! No pictures this time, instead we're going to have a chat about the law in Japan. I'm not a law major by any means, but the things pointed out to me regarding it are pretty interesting...

Crime in Japan

So to get to the point... I feel safer here in Tokyo than I've felt ever living in Philadelphia. Violent crime is incredibly low in Japan. There aren't many guns in circulation from what I've heard, and they put you through the ringer if you try to obtain a license for one, so most people don't even bother. That said, it frees up a lot of time for the police to investigate the most prevalent kinds of theft: bicycle and umbrella. Treacherous! (Bikes are registered just like cars are.) It also frees up some time for police to stop foreigners on the street to check and make sure they are carrying a passport or an Alien Registration Card, aka a Gaijin Card. If you're not carrying either, legally they could take you to jail, but most often I've heard they'll just escort you to where you left your documents and ask to see them there. Needless to say, I have my documentation stapled to my forehead because...


Habeas corpus, what habeas corpus?

...jail in Japan is no joke. I mean, not like it's a joke anywhere, but still. Legally the police can hold you for 23 days without presenting evidence or defining the case against you. Then, on day 23, they'll let you go, and if they're feeling raw enough about it, they'll arrest you again and start the 23 day cycle all over again. During these 23 days you might not have access to a lawyer, family or embassy. And don't think you're just chillin' in jail; while you're there, you're being interrogated and probably have a confession paper shoved under your nose. They'll tell you you're embarrassing yourself by not signing the confession, etc, anything to get you to sign really. Is it any wonder the crime rate is so low? You can bring up Confucian principles all you like, but I think that's the real deal right there...


Driving Accidents

Unless it's a head-on collision or involving a parked car, chances are when you get into a driving accident, both drivers will have to take equal share of the blame. Most of the times, these situations are settled and paid off between the drivers on the scene so they don't lose points on their license.

Speaking of driving, the legal age to drive in Japan is 18 for cars, 16 for scooters. Some countries--mostly those in Europe plus New Zealand and Australia--can use their licenses here after they get it translated into Japanese. Everyone else--including Americans--have to either have an international drivers license or take a written exam. In Japan, one drives on the left side of the road. I had a mini heart attack the first time I got onto a bus and we turned into the left lane...

Lastly, don't even think of using your cellphone while driving--there's a $500ish fine if you're caught. Yikes...


Courts in Japan

Basically... there's no jury. Yep. There you go. Whatever the judge says, goes. Cases appear in court quickly, there's often no extensive pre-trial work. I guess it helps to have those 23 days to scrounge up some evidence.

Also, lawyers are paid in a way that basically makes it in the lawyer's best favor to settle the case and quickly move on to the next one. Quantity, not quality, as it were.


Letter of Apology

Sometimes if you get into trouble--especially in immigration matters--you'll have to write a letter of apology. If you're late registering for your Gaijin Card, have a problem with the local police... You'll probably have to write a letter describing the problem, your responsibility, an apology, and of course a promise not to repeat the offense. I haven't had to write one of these quite yet, thankfully...


So I Heard...

I've heard a few stories while I've been here. Outside of violent crime, the worst thing you can do is be in possession of drugs. Even just being in the same room with someone in possession can land you into a lot of trouble. I heard of a guy from America who FedEx'd an incredibly small amount of pot to himself (a real genius, I know) and ended up in jail for months thanks to the 23 day rule. Then, at the trial, he was sentenced to an additional nine years. There's also been a huge crackdown on college campuses for the stuff, a lot of students have been getting arrested in recent months. A few sumo wrestlers were even in trouble for it, from what I heard.

As far as drinking goes... The legal age to drink is 20. It's not too odd to see drunk people stumbling around town on Friday and Saturday night; as long as you're not on a bicycle or causing a ruckus, the police don't seem to mind too much. Drinking is a pretty big thing as far as social gatherings go, and whiskey is king in Japan.

Car and bicycle theft does happen in Japan. There's a pretty big market for used Japanese cars since they're in such good condition; they get stolen then shipped overseas. A trick to stealing bicycles--because people don't often lock them up here--is for a thief to chain the bike to a pole. Student comes back, can't get his bike, and the thief returns later at night to unchain the bike and make off with the bike when no one's around.




So as you can see, things are a little different here. While you're technically still innocent until proven guilty, Japan's conviction rate is quite high. Read into that what you will.

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