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Re:Carlos Ghosn: How I escaped Japan by namelessoracle on Tuesday July 13, 2021 @06:50PM (#27827200)
If you ever thought the American justice system is bad, look into the Japanese one. The whole system is designed to make you confess and apologize. They will literally lie to you and tell you it will all go away if you sign the confession paperwork. You dont get a lawyer while they do this, and they get to keep you for quite a bit of time before you get a lawyer.

They also dont do trial by jury, but inquisitorial judges who you have to prove your innocence too. The judges their dont like you making them go to trial, so good luck proving your case, after all you should have confessed already.

Also Japanese conditions in their detention systems makes the American system look down right palatial. The whole system is designed to punish even moreso than the American system.

Re:Carlos Ghosn: How I escaped Japan by ohhelloxoxo on Tuesday July 13, 2021 @07:46PM (#27827602)
Not trying to handwave away issues with the Japanese system, but scale seems relevant here.

Japan: 40 incarcerated per 100k population [1] USA: 655 incarcerated per 100k population [2]

[1] https://www.prisonstudies.org/country/japan [2] https://www.prisonstudies.org/country/united-states-america

Re:Carlos Ghosn: How I escaped Japan by haecceity on Tuesday July 13, 2021 @08:48PM (#27828151)
That makes sense the market is more competitive in USA so they provide better service to the customers.
Re:Carlos Ghosn: How I escaped Japan by creddit on Wednesday July 14, 2021 @12:35AM (#27829764)
What's the murder rate per country? What's the rate of assault? Et cetera, et cetera
Re:Carlos Ghosn: How I escaped Japan by frumper on Tuesday July 13, 2021 @11:29PM (#27829358)
That might even show that over time the Japanese system does a better job deterring crime
Re:Carlos Ghosn: How I escaped Japan by Asooka on Wednesday July 14, 2021 @04:52AM (#27830993)
The way I've heard it, they don't bother arresting people who are not almost definitely guilty. After all, if someone is proven innocent, that's a black mark on the judge, the prosecution and the entire police department.
Re:Carlos Ghosn: How I escaped Japan by thaumasiotes on Tuesday July 13, 2021 @08:04PM (#27827739)
How many Japanese Americans are incarcerated per capita in the US?
Re:Carlos Ghosn: How I escaped Japan by NoImmatureAdHom on Tuesday July 13, 2021 @10:13PM (#27828793)
I don't know why the downvotes, this is the correct perspective. You need to take the base rate of criminality into account, and comparing Japanese in Japan to Japanese in America isn't unreasonable.

You could also look at the rate of crimes per capita in each country. For instance, murders per capita: 4.96 in the U.S. vs 0.26 in Japan [0]. If we take this to represent base-rate criminality in that population, then we have a 19:1 US:Japan murder ratio, with only a 16:1 US: Japan incarceration ratio. Japan incarcerates more per unit murder.

Of course this is a toy model, it's all a big feedback loop, etc., but I hope it serves to illustrate the point.

0: https://en.wikipedia.org/wiki/List_of_countries_by_intention...

Re:Carlos Ghosn: How I escaped Japan by mattficke on Tuesday July 13, 2021 @10:34PM (#27828956)
> You need to take the base rate of criminality into account

So is this the kind of thing you measure with calipers, or…

Re:Carlos Ghosn: How I escaped Japan by NoImmatureAdHom on Tuesday July 13, 2021 @10:48PM (#27829042)
...there are large academic fields where people spend entire careers doing exactly this? The statistics are not hard to come by.
Re:Carlos Ghosn: How I escaped Japan by plumthreads on Tuesday July 13, 2021 @10:32PM (#27828935)
You're claiming Japanese in America are representative of Japanese in Japan which is not the case. It's straight up racist too.
Re:Carlos Ghosn: How I escaped Japan by NoImmatureAdHom on Tuesday July 13, 2021 @10:44PM (#27829024)
I'm making the point that the base rate of criminality needs to be taken into account if you want to compare incarceration rates. For many different reasons people in one society might commit more crime than people in another society.

Though I do not use the example myself, preferring the murder rate example, the parent's suggestion is a reasonable way to control for this inter-society difference. I would bet that Japanese in the U.S. evince rates of criminality more similar to those of Japanese in Japan than to the rest of American society. It's an empirical question; whether merely asking the question is racist or not given your particular sentiments about what's racist is beside the point.

Re:Carlos Ghosn: How I escaped Japan by alksjdalkj on Tuesday July 13, 2021 @11:29PM (#27829367)
> I would bet that Japanese in the U.S. evince rates of criminality more similar to those of Japanese in Japan than to the rest of American society

What makes you believe that? If true, what might cause that to be the case?

Re:Carlos Ghosn: How I escaped Japan by NoImmatureAdHom on Wednesday July 14, 2021 @10:17AM (#27833274)
I've realized we're probably confused about whether we're talking about Japanese in America vs. Japanese-Americans. I was talking about Japanese in America (the article is about a foreigner in Japan), but I'd make roughly the same claims in either case. Empirically, I would bet that both Japanese in America and Japanese-Americans both show rates of criminality more similar to Japan's than to the remainder of the U.S. population's. In the case of Japanese-Americans, I'd bet it's higher than Japan's. I haven't looked any numbers up or attempted to figure it out in detail.

As for why, there are a few reasons. One interesting one is selection effects (immigrants to a new country are not a random sample of the old country's population). There is culture, of course, probably the biggest factor, as well as other inheritances (material goods / wealth, genes, disease burden...).

Re:Carlos Ghosn: How I escaped Japan by forty on Wednesday July 14, 2021 @12:29PM (#27834942)
I think listing genes is probably crossing the line. It's not like there is a gene for crime that some category of people would have more or less...
Re:Carlos Ghosn: How I escaped Japan by NoImmatureAdHom on Wednesday July 14, 2021 @04:49PM (#27838240)
I'm genuinely curious to know how you think about that line. What is the transgression here in your mind? Merely mentioning that genes affect behavior is not allowed (even though it's true, or maybe it doesn't matter if it's true), or you actually believe the claim "genes affect behavior within the human species" is false?

I agree with you that we can't tell from a single gene whether someone is likely to be a criminal or not. I'd like you to consider this example, where hopefully I only use premises you already believe:

Some people are predisposed to becoming addicted to drugs. We can make better-than-chance bets about who these people are based on their genomes. We also know that people who are addicted to drugs are more likely to be on the wrong side of the law (and, sadly, are often by definition on the wrong side of the law). So, we conclude that, given someone's genome, we can make better-than-chance bets about that person's likelihood of being on the wrong side of the law.

It's a simplistic example, but hopefully that helps get the idea across. Doing this sort of thing isn't super practical right now, but it will be soon! [oh boy.]

Re:Carlos Ghosn: How I escaped Japan by forty on Thursday July 15, 2021 @04:22AM (#27842508)
Genes are certainly affecting the behavior somehow. That doesn't mean they are relevant. Cultural and educational factors have certainly a much bigger impact on behavior than any gene related effects.

Example of flawed reasoning similar to yours: genes have probably an impact on the way we speak (it's impacting the shape of our tongue somehow, etc etc). So maybe the French have their accent due to some genetic factors, and we could predict someone's accent looking at their genes. Well it turns out in practice, if you have "French genes" and are born and raised in a US environment, you'll have an American accent indistinguishable from someone with "US genes"

The same goes with criminal behavior.

Re:Carlos Ghosn: How I escaped Japan by NoImmatureAdHom on Thursday July 15, 2021 @10:53AM (#27845466)
If genes are affecting behavior [I assume you mean variation within the species], then why wouldn't they be relevant? Relevant to what?

I agree culture is the biggie (education is part of culture).

Your example gets at a correlation that can be used to make good predictions. Better-than-chance bets. The example I gave with drug addiction supposes the reader already believes that genes have a causal relationship with drug addiction. That is, a propensity to be, say, an alcoholic can be in your genome and not a result of environmental factors.

Re:Carlos Ghosn: How I escaped Japan by staticman2 on Wednesday July 14, 2021 @04:04PM (#27837751)
Given this logic if America had a policy of throwing everyone with blond hair in jail for "hair crimes" you would conclude it is a fairer system than Japan's if Japanese-Americans had a lower incarceration rate than Japanese people in Japan.

That's some heroic effort in defense of America's high incarceration rate.

Re:Carlos Ghosn: How I escaped Japan by NoImmatureAdHom on Wednesday July 14, 2021 @04:46PM (#27838208)
...I didn't make any claims at all about fairness. What?
Re:Carlos Ghosn: How I escaped Japan by staticman2 on Wednesday July 14, 2021 @06:36PM (#27839334)
Further up on this thread someone wrote "If you ever thought the American justice system is bad...".

Someone else wrote wrote " Not trying to handwave away issues with the Japanese system, but scale seems relevant here. Japan: 40 incarcerated per 100k population [1] USA: 655 incarcerated per 100k population [2]"

So I read your post in that context. The conversation seemed to me to be about whether the American or Japanese justice system is "bad". Fairness would seem to be an aspect of "good" or "bad"... if you weren't trying to argue the American justice system was "good" I've lost the context of what you were trying to say.

Re:Carlos Ghosn: How I escaped Japan by NoImmatureAdHom on Wednesday July 14, 2021 @10:13PM (#27840771)
I appreciate the explanation! I could've been clearer.
Re:Carlos Ghosn: How I escaped Japan by Google234 on Wednesday July 14, 2021 @05:56AM (#27831316)
I think most people know that Asians in the US commit less crime than other races. As for why, there are probably cultural reasons.
Re:Carlos Ghosn: How I escaped Japan by wwtrv on Thursday July 15, 2021 @02:58AM (#27842102)
Or rather economic reasons, the difference between the median income for Asian Americans is about the same as the difference between white people and African Americans.
Re:Carlos Ghosn: How I escaped Japan by NoImmatureAdHom on Thursday July 15, 2021 @10:55AM (#27845489)
Or both! Or a bunch of other stuff too!
Re:Carlos Ghosn: How I escaped Japan by bpodgursky on Tuesday July 13, 2021 @11:48PM (#27829491)
Actually the OP asked the question. By assuming a particular answer, you are providing the racism.
Re:Carlos Ghosn: How I escaped Japan by user-the-name on Wednesday July 14, 2021 @12:17PM (#27834776)
No, it is the question that is racist. The assumption that because of your ethnicity, you would have some kind of specific level of criminality. That is extremely racist.
Re:Carlos Ghosn: How I escaped Japan by NoImmatureAdHom on Wednesday July 14, 2021 @12:27PM (#27834905)
You're assuming a causal relationship when the claim is correlational. The claim is not that because of a person's ethnicity that person will commit crimes at a certain rate, the claim is that you can make a good guess about criminality based on ethnicity. That is to say, there is a correlation. Which is unambiguously true--just look up the numbers. Only takes a moment.

In either case, whether it's racist or not is irrelevant to the issue at hand.

Re:Carlos Ghosn: How I escaped Japan by user-the-name on Wednesday July 14, 2021 @05:55PM (#27838914)
> the claim is that you can make a good guess about criminality based on ethnicity

Yes. That is the claim that is racist.

Re:Carlos Ghosn: How I escaped Japan by NoImmatureAdHom on Wednesday July 14, 2021 @06:24PM (#27839219)
It is empirically true. It is, of course, possible for things to be both true and racist, for some definition of racist.
Re:Carlos Ghosn: How I escaped Japan by user-the-name on Wednesday July 14, 2021 @06:34PM (#27839306)
The fact that you just stop the train of thought there is the racist part.
Re:Carlos Ghosn: How I escaped Japan by NoImmatureAdHom on Wednesday July 14, 2021 @10:17PM (#27840790)
What would be the non-racist thing to do?
Re:Carlos Ghosn: How I escaped Japan by user-the-name on Thursday July 15, 2021 @03:46AM (#27842335)
Actually look for the real factors beyond "ethnicity".
Re:Carlos Ghosn: How I escaped Japan by NoImmatureAdHom on Thursday July 15, 2021 @10:56AM (#27845499)
My honest read here, and I really wish to emphasize that this is honest feedback and not an attempt to put you down, is that you don't have a solid grasp of causation vs. correlation.

I appreciate you engaging. It's fun and important to talk about stuff like this.

Re:Carlos Ghosn: How I escaped Japan by user-the-name on Friday July 16, 2021 @06:36AM (#27854813)
My point is literally that you need to think harder about causation vs. correlation here.

Criminality might correlate with ethnicity. Assuming this means causality is the thing that is racist.

Re:Carlos Ghosn: How I escaped Japan by Phrodo_00 on Tuesday July 13, 2021 @08:24PM (#27827915)
How is this relevant to anything
Re:Carlos Ghosn: How I escaped Japan by thaumasiotes on Tuesday July 13, 2021 @08:33PM (#27828009)
Weren't we comparing the rate of incarceration of the Japanese in Japan vs the US?
Re:Carlos Ghosn: How I escaped Japan by saghm on Tuesday July 13, 2021 @11:46PM (#27829481)
Japanese Americans are a group that has a sizable population of people who have lived their entire lives in the US. If you think that they would be more likely to behave similarly to people who have spent their whole lives in Japan, the burden of proof is on you, because that certainly is not a mainstream view.
Re:Carlos Ghosn: How I escaped Japan by NoImmatureAdHom on Wednesday July 14, 2021 @10:21AM (#27833309)
1) Confusion between Japanese in America and Japanese-Americans

2) "More likely to behave similarly" is a considerably wider net than just crime rates

3) I think the mainstream view is that East Asians of all stripes commit considerably less crime than average. It's certainly true of violent crime, which is something I've looked in to.

Re:Carlos Ghosn: How I escaped Japan by anthk on Tuesday July 13, 2021 @08:53PM (#27828201)
These are Americans, not Japanese.
Re:Carlos Ghosn: How I escaped Japan by economusty on Tuesday July 13, 2021 @08:52PM (#27828186)
That is an interesting way to slice it.
Re:Carlos Ghosn: How I escaped Japan by noaccnt on Tuesday July 13, 2021 @10:08PM (#27828755)
The implication of pointing out the US' high incarceration rate is that the US justice system and society are particularly malevolent.

This point was used to defend Japan's justice system as being far more benign than the US.

However, Japan's justice system may in fact be far more unforgiving that the US' if Americans are, in general, more likely to commit crime. Which is perfectly fair point to make (although inconclusive for various reasons).

If (for whatever reason) Americans are more likely to commit more crimes, they are, all else being equal, more likely to be in jail.

Of course many things can be true at the same time. Japan can have a brutal justice system and have a very docile, law abiding population. Maybe the brutality caused them to be docile. Or, America can have an abusive justice system, and a population that needs to be more incarcerated than others.

Either way, the criminality of the Japanese is a relevant factor if America's incarceration rate is made relevant

Re:Carlos Ghosn: How I escaped Japan by Phrodo_00 on Friday July 16, 2021 @05:46PM (#27861597)
Yeah, but the parent comment is talking about Japanese Americans, not Japanese in America. The experience of Japanese Americans is not related to Japanese people (especially if raised in Japan).
Re:Carlos Ghosn: How I escaped Japan by laurieg on Tuesday July 13, 2021 @08:48PM (#27828149)
Even if you have the mental strength to resist interrogation and not make a false confession, it might be in your interest to confess to speed things up.

If you no-showed at work for 3 weeks, would you lose your job? But if you confess, you could be out today.

Here is an account of being arrested and detained in Japan[1]. It's worth a read, especially given the ending.

[1] https://nymag.com/vindicated/2016/11/truth-lies-and-videotap...

Re:Carlos Ghosn: How I escaped Japan by Clewza313 on Tuesday July 13, 2021 @09:41PM (#27828548)
So she was falsely accused, detained for a week, and released with apparently no consequences? That's not great, but it's hardly a uniquely Japanese horror story either.

For comparison, back in the Land of the Free, here's a kid in New York who was jailed for three years on Rikers Island for a similar false accusation of theft:

https://www.newyorker.com/magazine/2014/10/06/before-the-law

Re:Carlos Ghosn: How I escaped Japan by Asooka on Wednesday July 14, 2021 @04:53AM (#27830996)
Yes, but that case is egregious by American standards, while the woman's case is everyday occurrence in Japan.
Re:Carlos Ghosn: How I escaped Japan by bzbarsky on Wednesday July 14, 2021 @11:09AM (#27833932)
_Is_ that case egregious by American standards?

The 3 years might be (though I'm not convinced for some jurisdictions), but the overall shape of the case is, I think, depressingly common in the US...

Re:Carlos Ghosn: How I escaped Japan by yccs27 on Wednesday July 14, 2021 @04:46PM (#27838209)
I mean, the whole argument is based on two anecdotes, which show that both systems can be excessively unfair. We'd need at least some numbers to talk about "everyday occurrences" or not.
Re:Carlos Ghosn: How I escaped Japan by anonAndOn on Tuesday July 13, 2021 @07:45PM (#27827596)
Previously on HN: Prison in Japan (2017) (gaijinass.com)

https://gaijinass.com/2017/03/30/brutal-realities-of-prison-...

Re:Carlos Ghosn: How I escaped Japan by eightails on Tuesday July 13, 2021 @08:33PM (#27828010)
> They also dont do trial by jury, but inquisitorial judges who you have to prove your innocence too.

Inquisitorial systems are pretty common among civil law countries e.g. much of Europe, and not intrinsically better or worse than the adversarial system usually seen in common law countries -- indeed they are sometimes used by the latter for specific purposes like summary offences and coronial inquests.

Re:Carlos Ghosn: How I escaped Japan by makeitdouble on Tuesday July 13, 2021 @07:12PM (#27827371)
We can agree they’re both fucked up in their own specific ways, along with many other systems.

We can hold hands at the bottom of the pit, no need for a winner.

> litteraly lie to you

BTW in a lot of countries they are basically immune to perjury, so this is just par for course

Re:Carlos Ghosn: How I escaped Japan by temp8964 on Tuesday July 13, 2021 @07:24PM (#27827444)
There are hundreds of countries on this planet. Are you sure U.S. and JP are at the bottom?
Re:Carlos Ghosn: How I escaped Japan by makeitdouble on Tuesday July 13, 2021 @09:50PM (#27828626)
I agree it was a stupid thing to say...sorry
Re:Carlos Ghosn: How I escaped Japan by noaccnt on Tuesday July 13, 2021 @10:11PM (#27828777)
":They also dont do trial by jury, but inquisitorial judges who you have to prove your innocence too. "

Didn't America set up their system after the peace treaty? They literally wrote the constitution, no?

Re:Carlos Ghosn: How I escaped Japan by clavicat on Thursday July 15, 2021 @09:29AM (#27844420)
>During an edition of BBC's Timewatch program, an eyewitness described the carnage in Cell Block 4. They saw an inmate held up in front of a window; he was being tortured by using a blowtorch on his face and eyes until his head exploded. Another story was about Mario Urioste, who was jailed for shoplifting. He was originally placed by officers in a violent unit where he was gang-raped by seven inmates. Mario had filed a lawsuit against his rapists, so prison officials had housed him in Cell Block 4 for his own protection. Urioste was one of the targets for revenge. His body was found hanged, with his throat cut and his dismembered genitals stuffed into his mouth.

>Men were killed with piping, work tools, and crude homemade knives called shanks. One man was partially decapitated after being thrown over the second-tier balcony with a noose around his neck. The corpse was then dragged down and hacked up. A fire had been set in the gymnasium to burn a pile of corpses, but it had gotten out of control and burned through the roof. Besides the fire that had been set in the Psychology Wing, a fire was also set in the Protestant Chapel. The Protestant Chaplain had been nicknamed "Ax Handle" for his participation in the Night of the Ax Handles four years earlier. The Catholic Chapel next door was left untouched. Situated across the hall from the main control center, the prison library also was only touched by smoke. A third fire had been set in the records office, burning all records that could have been used as evidence related to the prisoners' civil rights claims in the Duran Consent Decree.

I think the country that has a justice system where being blowtorched until your brain explodes is a possible consequence of detention compares unfavorably to the country that has zero prison riots. It's also worth noting that the Human Rights Watch report on prison conditions in Japan contains zero mentions of the word "rape"—let alone "gang rape". Is it so hard to admit that they have to be doing something right?

Put yourselves in the shoes of a Japanese citizen—what could possibly make you look at American prison conditions and think "wow, I wish we had that instead", riots, gang rape, drugs, and all? What aspects of Japanese justice are so intolerable that they make all "palatial" by comparison? It's true that Japanese guards are strict—are Supermax guards so much nicer?

I think the country that has the highest incarceration in the world could learn something from the country that enjoys the lowest incarceration rate in the developed world. Whether it's civilization arrogance or some pathological aversion to discipline, I don't know—but it seems bizarre to me that a prison system where you could end up with a mouthful of your own severed genitals could serve as a model to anyone.

As for confessions, here's another example of the superior American way.

>Several hours into the interrogation, Scott told the detectives he thought he needed a lawyer, an attempt to invoke his constitutional right to have an attorney present during questioning. But APD detectives testified last week they believed Scott was only thinking about asking for a lawyer—the same response they gave at Springsteen's trial last summer. When Springsteen asked about a lawyer during his interrogation, detectives left the room. When they returned, they promptly changed the subject.

>And in the Scott interrogation's most infamous moment, Detective Merrill brought a revolver into the interrogation room to "help" Scott remember what he might've done that night at the yogurt shop through some "role playing." Gun in hand, Merrill walked around, then stood behind Scott and jabbed him in the head with what appeared to be the barrel of the gun. Merrill testified that it wasn't the gun but his finger. Nonetheless, the few seconds of video are startling. While the state could argue that the moment occurred well into the confession and couldn't have affected previous admissions, what does it take to render a confession false?