CRIME AND CAPITAL PUNISHMENT IN JAPAN: HOW DOES THE JAPANESE SOCIETY RESPOND?

A crime in most countries is an act committed in violation of a law forbidding it and for which a court may impose a variety of punishments including imprisonment, death, fine or removal from office. 1 Criminal acts can be divided into two categories, mala in se and mala prohibita.Some offences such as homicide are considered mala in se as they are wrong in themselves and inherently evil.While offences such as drug abuse and gambling are considered mala prohibita because society seeks to regulate these particular types of behavior.The status of such offences are determined by opinion, custom or religious standards.The punishment for crimes is imposed according to the severity of the offences and it differs depending on the country.Capital punishment, also known as the death penalty, is the execution of a person by the state as punishment for a crime.Crimes that can result in a death penalty are known as capital crimes or capital offences.The term capital origins from Latin capitalis, literally "regarding the head."(Latin caput). 2 In other words, it is the direct killing of someone, who has been convicted of a crime by the state authority that orders the execution according to the provision of a law allowing capital punishment and who is always under arrest when he is killed.Capital punishment was used in almost every part of the globe, but over the last few decades many countries have abolished it.According to Amnesty International, 60 countries still maintain the death penalty in both law and practice, while 91 countries have completely abolished it.11 countries retain it only for crimes committed in exceptional circumstances such as crimes committed in time of war, and 35 countries maintain laws permitting the use of death penalty for ordinary crimes, but have allowed the death penalty to fall into disuse for at least 10 years.3 Japan is the only industrial democracy other than the United States (37 of 50 states) and Singapore that has the death penalty.There are 128 countries, including European Union members, that have either abolished capital punishment, allow it only under special circumstances or have not carried it out in at least a decade.4 Indeed almost all European and many Pacific Area states (including Australia, New Zealand and Timor) and Canada have abolished capital punishment.In Latin America, most states have completely abolished the use of capital punishment.While some other countries, such as Brazil, allow for capital punishment only in exceptional situations such as treason committed during wartime.Most of the Carribbean and Asian countries, like Japan and India, and African states such as Botswana and Zambia retain it, but South Africa which is the most developed African nation does not have the death penalty.In China, human trafficking and serious cases of corruption are also punished by the death penalty.Russia and Israel have banned such state killings. CRIME AND CAPITAL PUNISHMENT IN JAPAN 95The chart below shows that some countries have the death penalty and life sentence with or without parole. Country Death penalty Life sentence with and without paroleUnited States of America Exists in 37 of 50 states 48 states have life without parole China Exists Life without parole exists South Korea Exists but with moratorium Parole possible after 10 years Minimum term set by courts, Britain Abolished which can sentence without parole Parole possible after 18 years.France Abolished Courts can sentence without parole Parole possible after 15 years.Germany Abolished Life without parole now ruled unconstitutional Source: Lawmakers want "real" life terms, Editorial, The Daily Yomiuri,

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