Legal rights?...

[Kanchou]

I was wondering exactly what legal rights are afforded to both the Japanese and FGs...

Or at least, what do you not get in Japan that you get in the US?

Can you refuse warrantless searches or entries? That is probably one of the most imporantly legal rights in the US, in my opinion... for some reason I can imagine it might not work so well in Japan.

Can you simply leave if the police don't arrest you? From what I've heard you can't... since they can technically hold you for 20-something days without charging you with anything (albiet unlikely).

Apparently you can refuse to identify yourself or answer the polices questions in the US, but if you're a foreigner in Japan you have to show them your Gaijin card when asked (I know this by experience... not like I was gonna refuse, since I didn't exactly feel like getting harassed).

And what about free counsel? Or any thing that will get you off if the police forget about it?

Not like I plan on doing anything bad... I just like to know as much as I can so you don't get screwed by The Man

[homesweethome]

I think Debito has one of the best sites in this regard

You are in for a rough time. There is no writ of Habeas Corpus in Japan, which means Japanese police can hold you for up to 23 days (3 days' initial interrogation, extendable by 10 days a maximum of twice if a judge approves. Which he will--judges rarely deny public prosecutors the privilege unless a lawyer intervenes.). There have been cases of extraction of information (signed confessions that detainees could not read) through physical and mental duress (beatings, lack of sleep and basic amenities, denial of outside communication, consular contact, or legal counsel) carried out by chain-smoking tag-team interrogators. Detention by the Japanese police is one of the larger nightmares you can experience in Japan. More on this at http://www.debito.org/TheCommunity/communityissues.html#detention

Japanese criminal law tends towards the Napoleonic (i.e. a suspect is presumed guilty, and must prove his innocence). If you do not continuously assert your innocence, you will become a pelt. Moreover, the right to remain silent (which is, by the way, guaranteed in the Japanese Constitution) will only arouse more suspicion. So answer questions, be cooperative, calm, and friendly, but DON'T SIGN ANYTHING WITHOUT LEGAL COUNSEL. Get a lawyer or suffer the consequences.

Information on how to get legal counsel (ask for the Lawyer on Duty, or touban bengoshi) from the Japan Bar Association (Nichibenren, in English):
http:// http://www.nichibenren.or.jp/en/index.html
http:// http://www.nichibenren.or.jp/en/legal/arrest_01.html
http:// http://www.nichibenren.or.jp/en/legal/arrest_02.html

Also, unless you are fully bilingual in Japanese, I suggest you continue to communicate in your native tongue if under a serious interrogation. Demand that you receive an interpreter. Hold out for one. For if the police feel that your Japanese is sufficient to commuicate in Japanese, they will treat you like any other Japanese suspect, language barrier or not. Don't think that speaking in pidgin Japanese is being cooperative--because there have been many cases of interrogatees being railroaded into situations without their full understanding. More on interpretation problems (in Japanese courtrooms, not police interrogations, but it is still symptomatic of the lack of balance between justice vs prosecution exigency) at
http://www.debito.org/TheCommunity/communityissues.html#courtinterp

Most importantly, DO NOT SIGN ANY CONFESSION (kyoujutsu chousho). Or you will go to jail. Confession (jihaku) equals conviction in Japan. Full stop. It will NOT be overturned later in court.

Remember that many times, these interrogations are done without arrest, as a "voluntary investigation" (nin'i no tori shirabe)--which means you are technically able to leave at any time. But if you just try to get up and leave before the cops' suspicions are allayed, they will just formally arrest you for the crime of Koumu'in Shikkou Bougai Zai ("Obstruction of a Public Official in the course of his Duties"). Time it right. But make sure you confirm whether or not you have in fact been arrested (Ask: watashi wa taiho sarete imasu ka) and on what charge (Ask: donna yougi de taiho sarete imasu ka).

Final word: the Japanese criminal justice system, with conviction rates approaching 100%, is overwhelmingly stacked against the accused, so don't get arrested in Japan.

More information at http://www.debito.org/activistspage.html#checkpoints

I can only add my own experience with the Japan Police. I had a neighbor falsely accuse me of squatting on property I had legally bought and paid for. He called the police, they came to my house and asked to see the deed. I showed it to him, he said sorry for bothering you and left. The second time was more serious. He accused me of threatening (the same neighbor who I guess didn't like having an FG living next to him) him and filed a complaint with the police. They called me into the local headquarters to talk about it. My lawyer (wife) said just don't sign anything and keep saying you didn't do what he said you did. I tried to be as calm and cooperative as possible, answered all the questions and just said I didn't do it. They checked out his story, there were no witnesses or proof that I did any of the things he said I did, the charges were dropped (by him). He could have pressed them and had to prove it in criminal court but, since there was no evidence, no court would have believed it, then I could have counter-sued for defamation, slander, and anything else I could think of and sued for a zillion yen, unfortunately, it never got that far, damn it!

[Greji]

He accused me of threatening (the same neighbor who I guess didn't like having an FG living next to him) him and filed a complaint with the police. They called me into the local headquarters to talk about it. My lawyer (wife) said just don't sign anything and keep saying you didn't do what he said you did. I tried to be as calm and cooperative as possible, answered all the questions and just said I didn't do it. They checked out his story, there were no witnesses or proof that I did any of the things he said I did, the charges were dropped (by him). He could have pressed them and had to prove it in criminal court but, since there was no evidence, no court would have believed it, then I could have counter-sued for defamation, slander, and anything else I could think of and sued for a zillion yen, unfortunately, it never got that far, damn it!

Hey HSH, It happens again let me know! We can send a couple of the fellows around to talk to him kinda nice like. You know, nothing dramatic, maybe break a few fingers, an arm or a leg. Bring him around to our way of thinking. Show him the advantages of dropping off a little envelope at your house once or twice a week, things like being able to walk, or see out of both eyes.

[homesweethome]

Hey HSH, It happens again let me know! We can send a couple of the fellows around to talk to him kinda nice like. You know, nothing dramatic, maybe break a few fingers, an arm or a leg. Bring him around to our way of thinking. Show him the advantages of dropping off a little envelope at your house once or twice a week, things like being able to walk, or see out of both eyes.

You mean 'guys' like Rob and BB?
What would they do besides rub their hands on his behind, and fart in his blankets?

[nullpointer]

Show him the advantages of dropping off a little envelope at your house once or twice a week, things like being able to walk, or see out of both eyes.

[Greji]

You mean 'guys' like Rob and BB?
What would they do besides rub their hands on his behind, and fart in his blankets?

Hey not bad thinking! The Booger detonates one of his patented numbers in the guy's futon and the whole house is uninhabitable for a shelf life of about 20 years! Your neighbor problems are cured!

[American Oyaji]

If things get TOO rough:

He could get an out of town midnight visit from a 6'10" 250lb black american ninja

[Greji]

If things get TOO rough:

He could get an out of town midnight visit from a 6'10" 250lb black american ninja

Sicc'em AO! I had you in mind to go with me to break a few fingers!

[homesweethome]

If things get TOO rough:

He could get an out of town midnight visit from a 6'10" 250lb black american ninja

Name your price! Almost any price, (except for giving away Obasan), I'll pay it!

[amdg]

I was wondering exactly what legal rights are afforded to both the Japanese and FGs...

Or at least, what do you not get in Japan that you get in the US?

Can you refuse warrantless searches or entries? That is probably one of the most imporantly legal rights in the US, in my opinion... for some reason I can imagine it might not work so well in Japan.

Yes you can. While it is indeed a very imporantly legal right, you should bear in mind that this right was not invented by the United States of Freedom. There were other countries that upheld the same principle before your country was born.

[Big Booger]

Hey not bad thinking! The Booger detonates one of his patented numbers in the guy's futon and the whole house is uninhabitable for a shelf life of about 20 years! Your neighbor problems are cured!

Dude I am telling you, load me up on some 10 day old daikon pickles and I will rip the flesh off the guy's face with a simple pooooooooooooooottttttt.

[Kanchou]

Yes you can. While it is indeed a very imporantly legal right, you should bear in mind that this right was not invented by the United States of Freedom. There were other countries that upheld the same principle before your country was born.

Yes, but I get the feeling that the number of countries that will still uphold this right in criminal courts will be a few less in about 30 years or so...

And hopefully one of them will still be the US.

[Charles]

Yes, but I get the feeling that the number of countries that will still uphold this right in criminal courts will be a few less in about 30 years or so...

And hopefully one of them will still be the US.

Uh.. what makes you think in the future the US could still uphold the right against unreasonable search and seizure, when that right has already been suspended due to the PATRIOT Act? Have you not been reading the newspaper stories about warrantless wiretapping, secret searches, National Security Letters, etc? It is going to take decades to undo Bush's deliberate vandalism to the Constitution.

[amdg]

[Charles]

[Greji]

Uh.. what makes you think in the future the US could still uphold the right against unreasonable search and seizure, when that right has already been suspended due to the PATRIOT Act? Have you not been reading the newspaper stories about warrantless wiretapping, secret searches, National Security Letters, etc? It is going to take decades to undo Bush's deliberate vandalism to the Constitution.

Ahh Charles, what was the vote in the house to help this vandalism in extending the Patriot Act? Apparently there's 400 and some odd members of congress who don't believe you and I read that in a newspaper.

[kamome]

The fourth amendment protection against unreasonable searches and seizures was riddled with holes and exceptions even before the Patriot Act. It is definitely not a blanket protection. The Supreme Court has chipped away at it for years.

[amdg]

The American Bar Association, who ought to know a thing or two about legal rights in America, agree that Bush has fucked them over.

http://informationclearinghouse.info/article12294.htm

[American Oyaji]

I made a speech on the PATRIOT ACT. I had to limit my speech to 10 minutes and my paper was limited to 8-10 pages as well.

I could EASILY have written an 80 page paper on the whole thing and 150 would not have been a stretch.

It is an extremely flawed piece of legislation.

[Greji]

extremely flawed piece of legislation.

The key word here is legislation. As such, more voted for it and to extend it than those that voted against it. Therefore it would not seem that this is totally a Bush Administration ploy. Sure, there were some cries of alarm from the Dems, but with just a few cosmetic changes that did really change the substance of the Act, it sailed right through. I don't think the Dems have any grounds to scream about this Act given their reception of it and the vote! If it produces bad case law it can be overturned. Therefore I think any crys of foul by the Dems in congress should only be taken for what they are, part of their political agenda for the autumn elections. They had their vote and didn't take it for whatever reason.