(2022, October 6th) 5 PMI Dihukum Mati di Luar Negeri, Ini Daftarnya zhttps://news.okezone.com/read/2022/10/05/18/2681117/5-pmi-dihukum-mati-di-luar-negeri-ini-daftarnya
Death penalty It is the state-sanctioned practice of killing a person as a punishment for a crime.
Death penalty is often called capital punishment.
But, the death penalty system, is causing a lot of controversies regarding aspects such as human rights, justice, and false accusations (Equal Times, 2017, April, 12).
Why We Were Interested in the Death Penalty?
Y. I.: The reason why we chose this topic is that the Japanese government has the death penalty system, which is causing a lot of controversies, so we want to know about the death penalty in detail and have our own thoughts about the subject as well.
R. K.: The reason why we decided to look into this topic of the death penalty was because I had an opportunity to think about the death penalty at my seminar (2023, November 1), and I suggested this issue to our group. This problem is often talked about, but it is also difficult for us to solve it. We can see it from various perspectives, and I was the only one who had a different opinion out of 12 people. That is why I chose this theme because I wanted to look into it more deeply.
Cons of the Death Penalty -Y. I.
I searched the problems of the death penalty and thought about a false accusation. I know that there are a lot of problems with this issue, even though there are some advantages. Before this week, I collected some information about the advantages of the death penalty, so this week, I collected some information about the disadvantages.
First, in my activity, I searched for problems with the death penalty because the first problem is that it is against the provisions of the constitution, contrary to the Japanese constitution, which prohibits cruel punishment. I think the Death penalty is against the provisions, so from this perspective, the government should abolish this system. The second problem is that the death penalty is cruel and inhuman. Many countries view capital punishment (the death penalty) as inherently arbitrary and discriminatory (The Advocates for Human Rights. n.d.). The third problem is that if a false accusation happens, there is no chance of recovery. If the death penalty is carried out and the executioner is falsely accused, and life will not be restored. I think it is the most serious problem of capital punishment, and we have to propose some solutions to improve this problem.
Second, I searched for an example of a false accusation, which is the Menda Incident (Capital Punishment in Context, n.d.) I think I have to prevent such an incident. Because even if Mr.Menda is innocent, he will be in jail for a long time. Therefore, he is deprived of his precious time. Time cannot exchange anything.
Disadvantages of the death penalty-Y. I.
I searched the problems of the death penalty and thought about a false accusation. I know that there are a lot of problems with this issue, even though there are some advantages. This time, I will write about the disadvantages of the death penalty.
First, I searched for problems with the death penalty because the first problem is that it is against the provisions of the constitution, contrary to the Japanese constitution, which prohibits cruel punishment. I think the Death penalty is against the provisions, so from this perspective, the government should abolish this system. The second problem is that the death penalty is cruel and inhuman. Many countries view capital punishment (the death penalty) as inherently arbitrary and discriminatory (The Advocates for Human Rights. n.d.). The third problem is that if a false accusation happens, there is no chance of recovery. If the death penalty is carried out and the executioner is falsely accused, and life will not be restored. I think it is the most serious problem of capital punishment, and we have to propose some solutions to improve this problem.
Second, I searched for an example of a false accusation, which is the Menda Incident (Capital Punishment in Context, n.d.) I think I have to prevent such an incident. Because even if Mr.Menda is innocent, he will be in jail for a long time. Therefore, he is deprived of his precious time. Time cannot exchange anything.
Why some countries do not abolish the death penalty and think of ways to improve the death penalty issue -Y. I.
I researched countries that have abolished the death penalty and the merits and demerits of abolishing the death penalty (Hrenchir, 2020, October). After that, I thought of a way to solve this situation.
About the Death Penalty System and Worldwide System T. M.
This time, I will be looking into the death penalty system. First, I looked into the countries where the death penalty is most frequently carried out. China ranks first, followed by Iran, Saudi Arabia, Iraq, and others (BBC News, 2021, December 11). I did not know much about the death penalty system before, so seeing this ranking for the first time helped me learn more about it. Next, I will look at the number of executions carried out. Apart from China, the number of executions has decreased since 2015, and in 2019, it was 657, the lowest number in decades (BBC News, 2020, December 11). I think the fact that the number of executions is decreasing is a wonderful thing. In Iran, the death penalty is used as a weapon for political repression, with a harsh response to insurgency and protests (BBC News, 2020, December 11), yet Saudi Arabia, conversely, has reduced the death penalty for criminal drug use.
Japan’s conviction rate and some false accusation cases in Japan T.M.
In Oi (2013, January 2), I looked at the death penalty and false convictions in Japan, and the conviction rate in Japan is 99%, which almost always results in a deciding guilty. However, according to Oi (2013, January 2), in recent months, there have been public protests against many wrongful arrests of innocent people who have confessed to crimes. Unjustified arrests are a serious matter in terms of respecting the human rights of individuals. Arrests should be made as a means of criminal investigation and should be based on fair procedures under the law (BBC News, 2020). When an unjust arrest is made, the individual's rights are violated, and the possibility of false accusations arises.
I will now look at a specific example of a false accusation. The Kazuhiko Ataka case. Easily described, he was sentenced to death in 1990 for murder and robbery at a convenience store in Fukuoka (BBC News, 2013). However, thanks to the development of technology, a DNA test was conducted in 2006. The result was that he was falsely convicted. Through this case, I felt that there are other possibilities of false accusations, and it is scary. I thought that the death penalty was the most serious punishment, so it should not be so easy to make a mistake. However, as with cases like this, sometimes technology does not catch up, and things that could be prevented are not prevented. As I mentioned before, the conviction rate in Japan is 99%, so I pray that there will be no mistakes so that innocent people will not be hurt.
Abolishing the death penalty and its future-T.M.
In looking at solutions to the death penalty this time around, I decided to look at it from a number of perspectives. First, let me look at the essence of punishment. The essence is compliance with rules and the prevention of future crimes, which is very basic. October 10 is known as "World Day for the Abolition of the Death Penalty,” created by the World Alliance for the Abolition of the Death Penalty, a non-governmental organization (Amnesty International, n.d.). Last year in 2022 would be the 20th time, but has there been any improvement on this issue?
There has been a lot of debate about the death penalty. In resolving this issue, I decided to look at the four disadvantages of the death penalty (Amnesty International, n.d.). First, there is the possibility that mistakes can be made. The death penalty is a rule that will take away the freedom of life, so I think it must not make mistakes. The second is that it does not reduce crime. This argument is said, but there is not any evidence. Third, it is discriminatory. I think there are some differences between people about the experience of law or some access to the lawyer and knowledge, so there is a disadvantage for the rule. Finally, it creates political problems. Some countries punish people who are against the government, and they can not be real because our rights should be respected.
Conclusion
In this research, I learned a lot about the death penalty. Before the research, I did not know about it so much. Through this research, first, I could learn about the abstract system of it. There are many problems in the world. Japan’s death penalty is not as high as the world's. Therefore, I think that it is safe. However, there are some false accusations too. We should do something about it. In the world, there have been some moves to abolish the death penalty. I think it will be used appropriately and not missing.
Is the death penalty the right way to go?-R. K.
Introduction-R. K.
The reason why we decided to look into this topic of the death penalty was that I had an opportunity to think about the death penalty at my seminar (2023, November 1), and I suggested this issue to our group. This problem is often talked about, but it is also difficult for us to solve it. We can see it from various perspectives, and I was the only one who had a different opinion out of 12 people. That is why I chose this theme because I wanted to look into it more deeply.
Japan has an Existing Death Penalty.-R. K.
The death penalty is, according to Cambridge Dictionary (n.d.), the legal punishment of particular crimes by death. The death penalty is an international issue and one that is also considered by the United Nations. Many foreign countries have abolished the death penalty. According to OHCHR (n.d.), 170 countries and states have abolished the death penalty, and Japan is one of the few countries with capital punishment. Emotions of our bereaved families and the human rights of prisoners on death row represent comparative weights in this system. I am certain that the death penalty continues in Japan to value the feelings of bereaved families. I want to deepen this theme by clarifying what human rights are for prisoners on death row.
According to Equal Times (2017, April 12), the scope of capital punishment in Japan is too broad. Currently, capital punishment includes murder, robbery, death and wounding, arson, and others are cited. The death penalty for these crimes is too strict and should be applied to those who commit serious crimes. I think Japan can be cited as a representative example of a country that retains the death penalty even if it looks around the world. I learned at my seminar (2023, November 1) that there are relatively many people who want to retain the death penalty even by looking at public opinion. In Japan, seppuku culture has had a great influence, and I think it is because there is a culture that has survived since the samurai era when they apologized for their crimes. In contrast, the UN continues to criticize the death penalty as a cruel punishment. This time, we looked into the false charge of the death sentence. This kind of thing should never happen and must be prevented. One of the opinions of abolitionists is the idea of what to do when a false charge occurs. However, we do not think this criticism is appropriate, even if it is not the death penalty, because false accusations should not occur.
According to Equal Times (2017, April 12), the scope of capital punishment in Japan is too broad. Currently, capital punishment includes murder, robbery, death and wounding, arson, and others are cited. The death penalty for these crimes is too strict and should be applied to those who commit serious crimes. I think Japan can be cited as a representative example of a country that retains the death penalty even if it looks around the world. I learned at my seminar (2023, November 1) that there are relatively many people who want to retain the death penalty even by looking at public opinion. In Japan, seppuku culture has had a great influence, and I think it is because there is a culture that has survived since the samurai era when they apologized for their crimes. In contrast, the UN continues to criticize the death penalty as a cruel punishment. This time, we looked into the false charge of the death sentence. This kind of thing should never happen and must be prevented. One of the opinions of abolitionists is the idea of what to do when a false charge occurs. However, we do not think this criticism is appropriate, even if it is not the death penalty, because false accusations should not occur.
Abolished Country-R. K.
Abolished Country-R. K.
According to the Council of Europe (n.d.), the death penalty has been abolished in most European countries. This is because the death penalty constitutes cruel and crueler punishment. The abolition of the death penalty has taken a long time, including in Germany. The German Constitution serves as a reference for some parts of the Japanese Constitution. For this reason, we decided to look at Germany, which according to Dynamight (n.d.), had been considering abolishing the death penalty even before World War II. However, after the atrocities, which are a series of sex murders committed, more and more people are opposed to the abolition of capital punishment.
After that, the Nazi era led by Hitler came, and the death penalty increased in 1950 (Dynomight, n.d.). The first reason is that it has since been abolished in order not to repeat. We were surprised to learn that this was the first reason capital punishment was abolished. Some opponents of the abolition of the death penalty believe that it is appropriate as a reward for one's crimes, but we think that it was instructed to do more than this because of being able to take in other punishments. In addition, it can be said that when a cruel crime occurs, like in Japan, more people seek the death penalty.
Conclusion-R. K.
It can be said that what I thought about the death penalty in this study varies greatly depending on the historical background and values of the country. This is because it varies depending on the country with a history, like Germany, or the country with a seppuku culture, like Japan.
Conclusion-us
We learned something through this activities. This means that when considering the death penalty issue, it is necessary to consider it from various perspectives. For example, there are ethical and institutional perspectives. And various developed countries are abolishing the death penalty and considering alternatives. We do not yet have a clear opinion about the death penalty system, but we would like to form our own opinion through our own activities and group discussions and discuss it with my members. In addition, we will find what I can do to improve this problem through this activity and we want to take some actions to solve this problem.
References
BBC News. (2021, May 16).Death penalty in the world 90% in 4 middle easterncountries: Amnesty annual report https://www.bbc.com/news/world-middle-east-65599922
BBC News. (2020, December 11). Death penalty: How many countries still have the death penalty? https://www.bbc.com/news/world-45835584
Dynomight. (n.d.). How Germany banned the death penalty. https://dynomight.net/death-penalty-germany/
Equal Times. (2017, April 12). Death penalty highlights wider injustices in Japan’s legal system. https://www.equaltimes.org/death-penalty-highlights-wider
Gentosya Plus. (n.d.). 明日はわが身？胸に刻みたい四大死刑冤罪事件. [Might it happening tomorrow? 4 important Death penalty false accusations.］https://www.gentosha.jp/article/16290/
Impact Law (2023, March 9) Death penalty. https://www.impactlaw.com/criminal-law/death-penalty
OHCHR. (n.d.). Death penalty. https://www.ohchr.org/en/topic/death-penalty
Oi, M. (2013, January 2). Japan crime: Why do innocent people confess? BBC News. https://www.bbc.com/news/magazine-20810572
Tokyo Web. (2022).108カ国が廃止した死刑をなぜ日本は続けるのか?「世界死刑廃止デー」に刑罰の本質から考える. [Why does Japan continue to use the death penalty which 108 countries have abolished? On "World Day for the Abolition of the Death Penalty," we consider the nature of punishment.]. https://www.tokyo-np.co.jp/article/207395
Venn, M. Y. (2023, April 9). Advantages and disadvantages of capital punishment (death penalty). https://soapboxie.com/government/Advantages-and-Disadvantages-of-Capital-Punishment-Death-Penalty