Lecture on Death Penalty Practices in Developed Countries

Introduction

• Developed world & death penalty: Most developed countries have abolished the death penalty.
• OECD countries still practicing: Only the United States and Japan continue its use.
• Transparency: The US is transparent about its practices; Japan has kept it secret until 2010.

Japan's Death Penalty Process

• Case Example: Tomohiro Kato (2022):

  • Convicted: Killed 7, injured 10 in 2008.
  • Sentenced: Given death penalty in 2011.
  • Daily life: Wakes at 7 AM, sleeps at 9 PM, small cell with basic amenities.
  • Execution notice: No prior warning, taken on a random morning.
  • Official stance: Helps with emotional stability and reduces suicide risk.
  • Criticism: Considered inhumane by many.

• Wrongful Convictions:

  • Menda Saka: 34 years on death row, freed in 1983 after an alibi was concealed by police.
  • Iwao Hakamada (2014): 45 years on death row, released due to potentially falsified evidence.

Japan vs. US Death Penalty Practices

• Homicide Rates: Japan's rate is much lower, yet similar death penalty sentencing percentages as the US.

• Execution Numbers (2018):

  • Japan: 15 executions, 116 death row inmates.
  • US: 25 executions, over 1,000 death row inmates.

• Legal and Social Context: US Differences:

  • Federal System: Some states have abolished the death penalty.
  • Historical Context: Issues of racial discrimination and enslavement tied to its history.

• Japan's Context:

  • Centralized State: Public support for death penalty is a clear majority.
  • Ethnic Homogeneity: Less inequality compared to the US.

Legal Frameworks & Procedures

• US:

  • Bi-furcated Trial System: Separate trials for guilt and sentencing; both require jury unanimity.
  • Exceptions: Florida and Alabama allow super-majority decisions.

• Japan:

  • Citizen Judges (Lay Judge System): Citizens judge alongside professionals.
  • Majority Rule: 5 out of 9 judges can enforce a death sentence even if 4 believe in no punishment.

Execution Process in Japan

• Who Decides: The Justice Minister signs the execution warrant, typically just before political recess.

• Notice: Families and lawyers are informed post-execution.

• Method: Hanging, unlike the US's lethal injection.

• Execution Procedure:

  • Preparation: Spiritual advice, writing a will, possible last meal.
  • Execution Room: Altar with religious symbols, read out execution order, blindfolded and hooded.
  • Three-button System: Three officers press buttons, only one triggers the trap door.
  • Witnesses: Detention center head, medical officer, and prosecutors.
  • Aftermath: Body cleaned, family notified, cremated or otherwise handled.

Current Context

• Inmates: 106 awaiting execution in Japan.
• Recent Cases: Last person on death row committed mass arson; Kato's 2022 execution.

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