imported post
Tomahawk wrote:
Again playing devil's advocate, assuming what you are saying is true without citation, if guns have been outlawed for as long as anyone can remember, why is the "gun violence" (such an anti phrase) only now rising? How come England, by comparison, saw an immediate increase in crime after banning guns?
I think it's important to remember that, a lot of the time, increased restrictions on firearms ownership are a (knee-jerk) governmental response to rising violent crime rates. But when such restrictions fail to stem the increase of crime (as they invariably do, since violent crime is not caused by gun availability, but by other factors), it
looks like crime increased as a result of the additional restrictions, when in all likelihood, crime rates would have increased with or without the imposition of the gun bans.
The speed with which the UK and Australia implemented their firearm restrictions in the wake of Dunblane and Port Arthur suggests that the laws had largely been drafted even before the shootings took place; but the governments in question were able to harness public revulsion at the shootings to get the new laws passed without serious opposition.
To the best of my knowledge, the law in Japan is that the police can arrest and hold you for 48 without charge, or access to a lawyer.
After the 48 hours, the police can turn you over to the custody of public prosecutor for another 24 hours. After that, the public prosecutor can ask a court to authorize another ten days of detention, and another ten when the first ten are up. Only after 23 days do the authorities have to charge you or cut you loose.
During those 23 days, the police and/or public prosecutor can interrogate you without your lawyer present (though you are entitled to see a lawyer after the first 48 hours), and they aren't required to record the interrogations either.
Of people arrested in Japan, 95% end up signing a confession.
Of criminal cases brought to trial, 99.9% result in convictions. The convictions are almost always based on the defendant's confession, at least in part; often, they are based on the defendant's confession alone, without corroborating evidence.
The prosecution is not required to disclose evidence they choose not use in court; obviously, this allows prosecutors to legally suppress exculpatory evidence.
The problem is a cultural one: police, prosecutors and judges are all under pressure to close cases, first and foremost. Convicting the actual culprit is almost incidental. As a result, police and prosecutors focus their efforts on finding a halfway plausible suspect and forcing him to confess, rather than actually building a case. Perversely, this makes it easier for genuine hardened criminals to avoid being convicted; they know that if they can resist the pressure to confess, the case will probably never go to trial because prosecutors are unskilled at building cases based on actual evidence (and probably too incompetent to).
(Source:
The Economist,
"Confess and be done with it",
"Just plead guilty and die")