News for hackers. Stuff that matters.
Re:Carlos Ghosn’s Brazen Escape from Japan by CamperBob2 on Sunday August 07, 2022 @03:07PM (#32378899)
I've read that Japanese prosecutors win something like 98% of the cases they bring. If true, it suggests that either they let a lot of crimes go unprosecuted in Japan, which doesn't ring true, or that their police have godlike powers of investigation and discernment (ditto), or that the adversarial court system really is a bit too adversarial from the defendant's point of view.

So I can't say I wouldn't have done the same as Ghosn, given the necessary resources. Right or wrong wouldn't be a consideration, as long as I could rationalize an assumption of bad faith on the courts' part.

Edit: I guess it could also suggest that the police in Japan are hopeless fuckups who only manage to catch the most flagrantly-incompetent criminals. That doesn't sound any more realistic than the other possibilities IMO.

Re:Carlos Ghosn’s Brazen Escape from Japan by tptacek on Sunday August 07, 2022 @03:21PM (#32379025)
It would be fucked up if prosecutors weren't winning well over 90% of their cases, because being prosecuted is a punishment in and of itself --- it's ruinously expensive. So you'd very much hope prosecution is reserved for slam-dunk cases, as federal prosecution is in the US, where prosecutors also have a ~95% success rate.

They alternative, where prosecutors lose so many cases that their win rate goes down into the 70's or 60's, implies that prosecutors are taking lots of flyers just see how the cases shake out. That would be a tremendous abuse.

Re:Carlos Ghosn’s Brazen Escape from Japan by nicolas_t on Sunday August 07, 2022 @04:30PM (#32379603)
It's actually more than 99% conviction rate with some sources [1] saying 99.9%.

A great movie on the Japanese judicial system is I just didn't do it (Soredemo boku wa yattenai) [2] It's a phenomenal movie but really shows that Japan has a real issues.

Given that if I were Ghosn, I'd have escaped too, there was no way for him to get a fair trial in Japan.

[1] https://www.nippon.com/en/japan-topics/c05401/order-in-the-c... [2] https://www.imdb.com/title/tt0794350/

Re:Carlos Ghosn’s Brazen Escape from Japan by labster on Sunday August 07, 2022 @03:25PM (#32379054)
All of those options are true, but you forgot the forced confessions. 30 days detention before charging is long enough for the bruises to heal. On the other hand, they prosecute far less crime across all categories than in the United States.

The staff of prosecutors is much smaller in Japan, so it likely means they mostly prosecute the winnable cases. In contrast in the US, a district attorney might choose to prosecute cases which make themself more electable.

Re:Carlos Ghosn’s Brazen Escape from Japan by chrischen on Sunday August 07, 2022 @04:38PM (#32379669)
The US has a lower prosecution rate because they “shoot first and ask questions later.” That is, prosecutors are more aggressive in just trying to blame someone… anyone… whether guilty or not by using plea deals. Of course conviction rate suffers because there is such a high percentage of false accusations that refuse plea bargains.

So you completely missed the case that Japan’s conviction rate is high because they may only prosecute people when there is actual evidence.

Re:Carlos Ghosn’s Brazen Escape from Japan by UIUC_06 on Sunday August 07, 2022 @04:19PM (#32379506)
There is an unfortunate effect that that kind of success record produces:

The judge figures that you must be guilty, or they wouldn't be charging you.

There's an old baseball story, where Rogers Hornsby (one of the greatest hitters of all time) is up, a pitch comes in, and the ump calls it a ball. The catcher turns around to complain.

The ump says "Young man, if that was a strike, Mr. Hornsby would have swung at it."

Re:Carlos Ghosn’s Brazen Escape from Japan by RajT88 on Sunday August 07, 2022 @03:29PM (#32379097)
From what I've read, I suspect both those things are true: lots of crimes go unprosecuted, as well as the police having godlike powers.

But - FWIW - prosecutors in the US tend to have win rates north of 90% as well. 98% is excessively high, yes, but we're talking single digit percentages compared to a country with comparatively more crime.