The Culture of Capital Punishment in Japan (Palgrave Advances in Criminology and Criminal Justice in Asia)

This open access book provides a comparative perspective on capital punishment in Japan and the United States. Alongside the US, Japan is one of only a few developed democracies in the world which retains capital punishment and continues to carry out executions on a regular basis. There are some similarities between the two systems of capital punishment but there are also many striking differences. These include differences in capital jurisprudence, execution method, the nature and extent of secrecy surrounding death penalty deliberations and executions, institutional capacities to prevent and discover wrongful convictions, orientations to lay participation and to victim participation, and orientations to “democracy” and governance. Johnson also explores several fundamental issues about the ultimate criminal penalty, such as the proper role of citizen preferences in governing a system of punishment and the relevance of the feelings of victims and survivors.; Preface 6 Acknowledgements 11 Praise for The Culture of Capital Punishment in Japan 12 Contents 14 Chapter 1 Why Does Japan Retain Capital Punishment? 15 Abstract 15 The Puzzle of Japanese Retention 19 The Politics of Japanese Retention 21 Does the Death Penalty Deter Homicide in Japan? 25 Conclusion 27 Chapter 2 Is Death Different? Two Ways Law Can Fail 33 Abstract 33 Is Japan Careful About Capital Punishment? 34 “Death Is Different” in the United States 35 Death Is Not Different in Japan 38 Two Ways Law Can Fail 45 Chapter 3 When the State Kills in Secret 51 Abstract 51 Occupation Truths 60 Hanging on Trial 66 Problems and Paradoxes 71 Chapter 4 Wrongful Convictions and the Culture of Denial 75 Abstract 75 Wrongful Convictions in America and Europe 78 Wrongful Convictions in Japan 81 Structural Reforms 84 A Culture of Denial 88 Toxic to Justice 91 Chapter 5 Capital Punishment and Lay Participation 95 Abstract 95 A Stone into the Pond? 97 Dogs That Do Not Bark 101 Victims and the Myth of Closure 105 Victims and the Culture of Vengeance 107 Entrenchment or Change? 110 Chapter 6 The Death Penalty and Democracy 115 Abstract 115 On Public Opinion and Capital Punishment 118 Two Qualifications 122 On Democracy 123 The Japanese Military and State Killing 127 Imagining Abolition 129 Life After Death 131 Index 135 This open access book provides a comparative perspective on capital punishment in Japan and the United States. Alongside the US, Japan is one of only a few developed democracies in the world that retains capital punishment and continue to carry out executions on a regular basis. There are some similarities between the two systems of capital punishment but there are also many striking differences which are explored within this study. These include differences in capital jurisprudence, execution method, the nature and extent of secrecy surrounding death penalty deliberations and executions, institutional capacities to prevent and discover wrongful convictions, orientations to lay participation and to victim participation, and orientations to "democracy" and governance. Johnson also examines and explores several fundamental issues about the ultimate criminal penalty, such as whether is death different from other criminal sanctions, what is the proper role of citizen preferences in governing a system of punishment and why do the feelings of victims and survivors matter? Front Matter ....Pages i-xv Why Does Japan Retain Capital Punishment? (David T. Johnson)....Pages 1-18 Is Death Different? Two Ways Law Can Fail (David T. Johnson)....Pages 19-36 When the State Kills in Secret (David T. Johnson)....Pages 37-60 Wrongful Convictions and the Culture of Denial (David T. Johnson)....Pages 61-80 Capital Punishment and Lay Participation (David T. Johnson)....Pages 81-100 The Death Penalty and Democracy (David T. Johnson)....Pages 101-120 Back Matter ....Pages 121-125