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Daniel Medwed On Guilty Pleas In Japan
Season 1 Episode 129 | 1m 20sVideo has Closed Captions
Daniel Medwed On Guilty Pleas In Japan
Daniel Medwed On Guilty Pleas In Japan
Problems playing video? | Closed Captioning Feedback
Problems playing video? | Closed Captioning Feedback
WGBH News is a local public television program presented by GBH
WGBH News
Daniel Medwed On Guilty Pleas In Japan
Season 1 Episode 129 | 1m 20sVideo has Closed Captions
Daniel Medwed On Guilty Pleas In Japan
Problems playing video? | Closed Captioning Feedback
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Learn Moreabout PBS online sponsorship- How do guilty pleas work in Japan, Daniel?
Was this a good idea for them to make that plea?
- That's a really interesting point.
I think it was probably a good idea to make that plea because in Japan, get this Aaron, the conviction rate is over 99%.
- That's pretty good.
- 99 - If you're a prosecutor.
- Exactly.
It's 99.8%.
So in the United States, the way most cases are resolved of course, is through negotiated plea deals or bargains.
Where defense lawyers and prosecutors, behind closed doors, figure out an appropriate sentence which is typically a fraction of the maximum that the defendant would face if convicted at trial.
And then it's presented on a platter to the judge basically as a fait accompli and the judge signs off.
It doesn't work that way in Japan.
Japan doesn't have our adversarial system.
It has what's called an inquisitorial or civil law system where the judge and the prosecutor have all the clout and the defense lawyer, frankly, is a little bit of an afterthought.
So in Japan, you plead guilty, it doesn't resolve the case.
It just means you face a sentencing trial where the judge decides what you should get.
So the reason why you'd plead guilty in Japan, is that you know you're going down anyway, 99 plus percent conviction rate.
So why not curry favor with the judge in the hopes that you'll get some leniency on sentencing day?

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