Japan Prosecutors Force 99.9% Conviction Rate to Avoid Losing Face

Rare Earth

Cultural pressure to preserve state infallibility forces Japanese judges to rubber-stamp convictions while allowing actual offenders to escape prosecution to avoid risky trials.

AI-assisted summary of Why Every Japanese Criminal is Guilty — original source. Check the original for full context.

Source published: 2019-12-07

Key ideas

Japan's criminal courts maintain an unprecedented conviction rate exceeding 99.98%, surpassing the rates of acknowledged authoritarian regimes like Stalinist Russia, China, and Saudi Arabia. (0:00)
The near-perfect conviction rate is driven by prosecutorial fear of losing face, which causes authorities to defer or abandon cases unless an outcome is virtually guaranteed. (0:00)
Cultural pressures of group conformity and state infallibility led a 1968 judge to sign an innocent man's death warrant against his own 360-page dissenting opinion to avoid shaming his peers. (2:19)
Rather than deterring crime, prosecutorial reluctance to try uncertain cases allows many offenders to escape charges entirely, fueling chronic recidivism. (5:42)

Detailed notes

## Background Published on YouTube by Evan Hadfield on his channel Rare Earth on December 7, 2019, this video examines the inner workings of Japan's penal system. In the show notes, Hadfield reflects that every justice system is inevitably unjust to some degree, framing the video as an exploration of Japan's idiosyncratic legal culture and the extent of its flaws.

## TL;DR Japan maintains an astronomical criminal conviction rate exceeding 99.98%, driven by prosecutors who refuse to bring any case to trial unless a guilty verdict is virtually guaranteed to avoid professional embarrassment and losing face. Because trials are assumed to feature only open-and-shut cases, judges routinely act as rubber stamps, reinforced by a cultural climate of group conformity and unyielding deference to state infallibility. This dynamic has resulted in devastating miscarriages of justice—including a judge knowingly condemning an innocent man to four decades on death row out of peer pressure—while paradoxically fostering impunity and high recidivism by allowing uncertain criminal cases to be deferred or dropped entirely.

## Atmosphere & style The presentation carries a somber, analytical, and quietly devastating tone, peeling back the polished exterior of Japanese civil order to expose cold systemic dysfunction. Hadfield's narrative delivery is measured and contemplative, shifting smoothly from dry statistical comparisons with authoritarian regimes to deep, palpable sorrow when recounting the human cost of coerced conformity. Watching it evokes an unsettling sense of tragedy, highlighting how bureaucratic self-preservation and polite peer pressure can quietly destroy human lives without anyone ever making an official mistake.

## Bulletin - [00:00](https://www.youtube.com/watch?v=IRn4xzaugbk&t=0s) Japan's criminal courts maintain an unprecedented conviction rate exceeding 99.98%, surpassing the rates of acknowledged authoritarian regimes like Stalinist Russia, China, and Saudi Arabia. - [00:00](https://www.youtube.com/watch?v=IRn4xzaugbk&t=0s) The near-perfect conviction rate is driven by prosecutorial fear of losing face, which causes authorities to defer or abandon cases unless an outcome is virtually guaranteed. - [02:19](https://www.youtube.com/watch?v=IRn4xzaugbk&t=139s) Cultural pressures of group conformity and state infallibility led a 1968 judge to sign an innocent man's death warrant against his own 360-page dissenting opinion to avoid shaming his peers. - [05:42](https://www.youtube.com/watch?v=IRn4xzaugbk&t=342s) Rather than deterring crime, prosecutorial reluctance to try uncertain cases allows many offenders to escape charges entirely, fueling chronic recidivism.

## Key takeaways - [00:00](https://www.youtube.com/watch?v=IRn4xzaugbk&t=0s) Defendants in Japanese criminal courts face a conviction rate upwards of 99.98%, suggesting either a flawless legal apparatus or systematic wrongful convictions. - [00:00](https://www.youtube.com/watch?v=IRn4xzaugbk&t=0s) Judicial authorities claim high conviction numbers stem from prosecutorial restraint, citing the principle that it is better for a thousand guilty individuals to walk free than for one innocent person to be condemned. - [00:00](https://www.youtube.com/watch?v=IRn4xzaugbk&t=0s) Unlike jurisdictions like Great Britain with conviction rates in the 70th percentile, Japanese prosecutors operate with an extreme fear of professional embarrassment and losing face from an acquittal. - [00:00](https://www.youtube.com/watch?v=IRn4xzaugbk&t=0s) Judges operate under the dangerous institutional assumption that prosecutors only bring open-and-shut cases, turning trials into rubber stamps that presume guilt. - [02:19](https://www.youtube.com/watch?v=IRn4xzaugbk&t=139s) Post-war Japanese social dynamics still enforce intense group loyalty and Confucian subservience to the state, making any acknowledgment of state fallibility taboo. - [02:19](https://www.youtube.com/watch?v=IRn4xzaugbk&t=139s) In 1968, a panel judge who drafted a 360-page brief proving a defendant's innocence ultimately signed his death warrant rather than break ranks and embarrass his fellow judges. - [02:19](https://www.youtube.com/watch?v=IRn4xzaugbk&t=139s) A death row inmate spent over 40 years in solitary penal isolation before being exonerated, suffering severe cognitive decline while the state actively resisted admitting error. - [05:42](https://www.youtube.com/watch?v=IRn4xzaugbk&t=342s) Japan's international reputation for public order, low crime, and clean streets obscures significant social distress, including high suicide rates and long-term single-party political rule. - [05:42](https://www.youtube.com/watch?v=IRn4xzaugbk&t=342s) Draconian conviction rates do not explain Japan's low crime rate; instead, prosecutors routinely refuse to bring charges in uncertain cases to protect their conviction statistics. - [05:42](https://www.youtube.com/watch?v=IRn4xzaugbk&t=342s) Perversely, the prosecutorial filter incentivizes seasoned offenders who leave room for reasonable doubt, resulting in elevated criminal recidivism. - [05:42](https://www.youtube.com/watch?v=IRn4xzaugbk&t=342s) Both official low crime metrics and astronomical conviction figures originate from the same cultural imperatives: collective conformity, state loyalty, and saving face.

## Detailed walkthrough ### [00:00](https://www.youtube.com/watch?v=IRn4xzaugbk&t=0s) The 99.98% Conviction Rate and Prosecutorial Fear of Losing Face

While many people are familiar with Japan's exceptionally low crime rates, very few understand the reality of its penal system. Japanese prisons are notoriously draconian, and once an individual is ensnared in the criminal court system, incarceration is virtually guaranteed. Defendants face an astronomical conviction rate upwards of 99.98%—a figure higher than those seen in authoritarian regimes where the justice system is an acknowledged sham. Saudi Arabia, China, and even Stalinist Russia never posted numbers that lopsided. This statistic suggests one of two realities: either Japan has somehow engineered a flawless penal system, or its courts are systematically locking up enormous numbers of innocent people.

When reading interviews with Japanese judicial officials, one might easily get the impression that prosecutors have never imprisoned an innocent person in their entire careers. Official legal rhetoric claims that the state would rather see a thousand guilty individuals walk free than a single innocent person wrongly condemned. According to judicial officials, these extraordinary numbers exist because prosecutors never move a case forward to trial unless they possess absolute, unshakeable certainty that they will secure a conviction.

While that reasoning serves as public relations and propaganda, there is a core of practical truth behind it. In contrast to countries like Great Britain, where conviction rates hover in the 70th percentile, Japanese prosecutors operate under an extraordinarily high internal threshold before bringing formal charges. Driven by an intense desire to avoid time-wasting and professional embarrassment, prosecutors are terrified of trying any case that might culminate in an acquittal, because nobody wants to lose face. Paradoxically, this creates a dangerous structural assumption inside the courtroom: because the prosecution supposedly only brings open-and-shut cases, judges assume that any case brought before them must already be proven, reducing the trial to a virtual rubber stamp from police custody to the prison cell.

```mermaid flowchart TD accTitle: The Japanese Prosecutorial Filter accDescr: Flowchart illustrating how fear of losing face leads to rubber-stamped convictions.

subgraph Investigation["Pre-Trial Assessment"] A["Police Arrest & Evidence Gathering"] --> B{"Prosecutor Evaluates Case"} B -->|"Doubt or Risk of Acquittal"| C["Charges Dropped or Deferred"] B -->|"Guaranteed Conviction"| D["Case Sent to Court"] end

subgraph Courtroom["Judicial Rubber Stamp"] D --> E["Presumption of Guilt<br/>(Prosecution Trusted Unquestioningly)"] E --> F["99.98% Conviction & Sentence"] end ```

- If an individual appears before a Japanese criminal court, their statistical probability of being convicted is upwards of 99.98%. - British courts, by comparison, see conviction rates in the 70th percentiles. - Official judicial doctrine claims: “they would rather see a thousand guilty go free than a single innocent man locked up.”

---

[02:19](https://www.youtube.com/watch?v=IRn4xzaugbk&t=139s) Group Loyalty, the Infallible State, and a 40-Year Death Row Tragedy

The prosecutorial fear of losing face does not entirely explain these extreme statistics, as many countries have cautious prosecutors and compliant judges. The definitive catalyst lies in Japanese social culture, where loyalty reigns supreme. Although the imperial system was officially dismantled by the post-war, American-drafted constitution, its underlying social dynamics never departed. Modern Japanese life demands ultimate allegiance to one's group and workplace, which in the public sector translates into a Confucian subservience to the state. In this environment, acknowledging that the state made an error borders on sacrilege; once an individual is arrested, society at large presumes guilt alongside the courts. For a judge, challenging a prosecution's case means breaking ranks and publicly shaming colleagues.

This profound social coercion was laid bare in 2007, when a former judge in his seventies came forward to voice his agonizing regret over sentencing a man to death back in 1968. At the time of the trial, the judge was convinced of the defendant's innocence and had even drafted an exhaustive 360-page opinion detailing why the man should walk free. Yet because the other two judges on the panel favored a conviction, he buckled under internal pressure rather than cause shame by dissenting. Terrified of questioning the system out loud, he signed off on the execution order and quietly resigned from the bench shortly afterward.

The condemned prisoner languished on death row for four decades, kept alive only through the tireless crusade of his sister—the sole person willing to defy immense social pressure on his behalf. When he was finally released after a rare exoneration, decades in Japan's harsh penal environment had severely degraded his mental faculties to a nearly vegetative state, leaving him incapable of comprehending the weeping former judge's personal apology. Even after his release and clearance, the state continued attempting to find avenues to re-establish his guilt. As Evan Hadfield observed of this institutional unwillingness to admit error: “You don’t get 99.98% conviction rate letting people walk.”

- In 1968, a Japanese judge signed a death warrant for a man he knew was innocent after drafting a 360-page document asserting that innocence, purely out of internal peer pressure. - The judge quietly resigned shortly after delivering the death sentence rather than remain part of the group that compelled him to issue it. - The wrongfully convicted prisoner spent over 40 years on death row before being released through the solitary advocacy of his sister.

---

[05:42](https://www.youtube.com/watch?v=IRn4xzaugbk&t=342s) The Facade of Social Order and the Mechanics of Impunity

The international community routinely lauds Japan for its enviable societal successes: clean streets, organized homeless populations, low unrest, a resilient economy, and low street crime. Yet this polished exterior conceals deep structural costs. The country has existed under virtual one-party rule since World War II, with the opposition taking power only once in recent decades for a brief three-year window that enacted virtually no policy shift. Concurrently, Japan has long suffered from some of the highest suicide rates on earth, accompanied by exceptionally high rates of self-reported stress and misery.

Popular perception assumes that draconian conviction rates are what deter offenders and keep Japanese crime rates so low, but the data does not support that correlation. In reality, the legal system's obsession with a spotless conviction record perversely encourages crime to go unpunished. Most reported offenses never make it to trial at all, and problematic cases are routinely deferred indefinitely so prosecutors never have to record a formal acquittal. Savvy criminals recognize that as long as they leave room for reasonable doubt, the state will avoid taking them to court, resulting in an unenviable recidivism rate where initial offenses quickly become permanent criminal careers. Both low official crime statistics and obscene conviction rates are symptoms of the same cultural foundation: unyielding duty to the state, group cohesion, and the desperate imperative to save face. As Evan Hadfield summarizes:

> “And the craziest part to me is that they’re not doing it as a mistake. They’re doing it because it’s their job.”

- Japan's government has been dominated by a single party almost uninterruptedly since the end of the Second World War, with the opposition holding power for only three years during the 2010s. - The reluctance to try uncertain cases allows many offenders to walk away without charges, leading to an elevated recidivism problem. - Japan's high conviction rates and low reported crime rates stem from shared cultural imperatives: Confucian duty to the state, group conformity, and saving face.

## Notable quotes > [02:19](https://www.youtube.com/watch?v=IRn4xzaugbk&t=139s) You don’t get 99.98% conviction rate letting people walk. — Evan Hadfield

## Mentioned Evan Hadfield, Rare Earth, Japan, Great Britain, Saudi Arabia, China, Stalinist Russia

## Video description Every system of justice is inevitably found to be unjust. The question is in which direction, and how far.

This is a fairly basic outline of Japan's idiosyncratic nature. Sort of an easy week for me. Hope you like it!

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[Source](https://www.youtube.com/watch?v=IRn4xzaugbk)

中文简报

日本检察官为免丢脸力保99.9%定罪率维护国家绝对正确性的文化压力迫使日本法官对定罪流于形式、照单全收，同时为了避免高风险审判，导致真正的罪犯得以逃避起诉。日本维持着超过99.98%的惊人刑事定罪率，这是因为检察官为了避免职业尴尬和丢脸，除非几乎能百分之百保证有罪判决，否则拒绝将任何案件提交审判。由于人们普遍认为只有证据确凿、毫无悬念的案件才会进入审判，法官通常只是流于形式地照单全收，而群体从众和对国家绝对正确性的坚定顺从等文化氛围进一步加剧了这一现象。这种动态导致了毁灭性的冤假错案——包括一名法官因迫于同僚压力，明知故犯地将一名无辜男子判处死刑并使其在死囚牢房度过四十年——同时，由于允许推迟或完全放弃结果不确定的刑事案件，反而纵容了犯罪并导致高累犯率，形成了悖论。日本刑事法院维持着超过99.98%的前所未有的定罪率，超过了斯大林时期的俄罗斯、中国和沙特阿拉伯等公认的威权政权。 (0:00) 这一近乎完美的定罪率是由检察官害怕丢脸所驱动的，这导致当局除非几乎能保证结果，否则就会推迟或放弃案件。 (0:00) 群体从众和国家绝对正确性的文化压力，导致1968年的一名法官为了避免让同僚蒙羞，违背自己撰写的360页反对意见，签署了一名无辜男子的死刑执行令。 (2:19) 检察官不愿审判不确定案件的做法不仅没有震慑犯罪，反而让许多犯罪分子完全逃脱了指控，从而加剧了长期累犯问题。 (5:42)

Detailed notes — zh

## Background 该视频由 YouTube 频道 Rare Earth（主讲人 Evan Hadfield）于 2019 年 12 月 7 日发布。视频简介指出，任何司法体系终究都会被证明存在不公，关键在于偏离的方向和程度；本期内容旨在对日本司法体系独树一帜的运行本质进行基础梳理与探讨。 ## TL;DR 视频探讨了日本刑事司法系统高达 99.98% 以上的惊人定罪率，揭示了其高居世界之首且超越专制政权的数据表象。虽然检方官方声称高定罪率源于只起诉证据百分之百确凿的案件，但其深层根源在于日本文化中对体制的绝对顺从、对集体权威的盲从以及对“丢面子”的极端恐惧。视频以 1968 年法官明知被告无辜却因同侪压力仍判处死刑的冤案为例，说明法官因害怕质疑国家而甘愿违背良知。主讲人指出，极高定罪率并未带来低犯罪率，反而导致检方为保全胜诉率而不敢轻易起诉；低犯罪率与严苛司法实则是同一种强调忠诚、顺从与体面的社会文化所孕育的孪生成物。 ## Atmosphere & style 全片弥漫着一种冷峻、深沉且带有批判性的反思基调，主讲人 Evan Hadfield 采用冷静克制的旁白风格，层层剥离日本社会光鲜文明的表象。叙事从冷酷的数据对比切入，随后过渡到令人窒息的真实冤案细节，情绪在年迈法官痛哭忏悔与被摧残至木然的无辜者对峙时达到悲剧顶点。观众在观看过程中会深切体会到一种面对庞大官僚机器与文化规训时的无力感与荒谬感，整体氛围既压抑又发人深省。 ## Bulletin - [00:00](https://www.youtube.com/watch?v=IRn4xzaugbk&t=0s) 日本刑事法庭的定罪率高达 99.98% 以上，不仅远超英国等普通法系国家（约 70%），甚至高过沙特阿拉伯及斯大林时期的苏联。 - [00:00](https://www.youtube.com/watch?v=IRn4xzaugbk&t=0s) 极高定罪率的核心推手是检方对败诉和“丢面子”的极端厌恶，导致其仅起诉百分之百能确凿定罪的案件，并迫使审判系统顺应既定指控。 - [02:30](https://www.youtube.com/watch?v=IRn4xzaugbk&t=150s) 文化心理机制强化了司法错判：公职人员受同侪压力与群体服从驱使，普遍认为“国家不能犯错”，法官甚至在明知被告无辜时仍不敢公开判决无罪。 - [05:42](https://www.youtube.com/watch?v=IRn4xzaugbk&t=342s) 畸高的定罪率并未直接催生低犯罪率；二者实为顺从体制与维护面子这一深层文化根源所衍生的两个并行动向。 ## Key takeaways - [00:00](https://www.youtube.com/watch?v=IRn4xzaugbk&t=0s) 日本刑事法庭定罪率超过 99.98%，嫌疑人一旦被正式送上法庭，几乎必然面临有罪判决与严酷刑罚。 - [00:00](https://www.youtube.com/watch?v=IRn4xzaugbk&t=0s) 官方声称高定罪率源于只起诉证据百分之百确凿的案件，但实际上反映出对败诉与当庭无罪宣判导致“丢面子”的极度恐惧。 - [00:00](https://www.youtube.com/watch?v=IRn4xzaugbk&t=0s) 与英国约 70% 的定罪率相比，日本检方的谨慎起诉演变成了一种“警察盖章、法庭照准”的流水线式司法运作。 - [02:30](https://www.youtube.com/watch?v=IRn4xzaugbk&t=150s) 战后虽然通过和平宪法废除了天皇的法理统治，但等级服从与对体制的绝对顺从意识依然根植于公职人员的心理中。 - [02:30](https://www.youtube.com/watch?v=IRn4xzaugbk&t=150s) 社会文化预设国家绝不能犯错，嫌疑人一旦被起诉便被视作已定罪并背负永恒污名，法官极难有勇气驳回检方指控。 - [02:30](https://www.youtube.com/watch?v=IRn4xzaugbk&t=150s) 1968 年死刑案案例表明，审判中的主要阻力并非来自上级命令，而是合议庭同侪间的群体一致性压力与对持异见的羞耻感。 - [02:30](https://www.youtube.com/watch?v=IRn4xzaugbk&t=150s) 即便主审法官曾撰写数百页附带文书证明被告无辜，仍因不敢公开挑战体制权威而签字判处其死刑并随后辞职。 - [02:30](https://www.youtube.com/watch?v=IRn4xzaugbk&t=150s) 冤案当事人遭关押 40 余年后心智被彻底摧残，而检方在当事人获释后依然企图重新定罪以维护体制威信。 - [05:42](https://www.youtube.com/watch?v=IRn4xzaugbk&t=342s) 日本表面上有序繁荣的社会背后，存在长达数十年的一党垄断执政、极高的自杀率与巨大的公众心理压力。 - [05:42](https://www.youtube.com/watch?v=IRn4xzaugbk&t=342s) “严苛定罪带来低犯罪率”是虚假因果；检方因回避败诉而搁置或放弃起诉可疑案件，反而让罪犯有恃无恐并抬高了再犯隐患。 - [05:42](https://www.youtube.com/watch?v=IRn4xzaugbk&t=342s) 极高定罪率与低犯罪率实为同源产物，均植根于对群体忠诚、对权威绝对顺从以及保全面子的社会文化结构。 ## Detailed walkthrough ### [00:00](https://www.youtube.com/watch?v=IRn4xzaugbk&t=0s) 日本司法的冷酷现实与定罪率神话大众普遍熟知日本极低的犯罪率，却鲜有人知晓其刑罚制度是全球最严酷、最难以逃脱的体系之一。日本的监狱以苛刻专横闻名，而一旦涉入其法庭审判，被告人几乎百分之百会被关押入狱。Evan Hadfield 指出，这种现象只导向两种可能：“要么他们的刑罚制度完美无瑕，要么他们正把大量无辜之人送进监狱。” 日本刑事法庭的定罪率高达 99.98% 以上。这一数字甚至超过了那些将司法视作儿戏的国家：它高过沙特阿拉伯，高过中国，甚至连斯大林统治时期的苏联都未曾达到过如此夸张的水平。简而言之，只要日本的司法系统将嫌疑人带到法官面前，有罪判决几乎已成定局。然而，日本司法界人士在访谈中展现的姿态却截然不同。他们给人的印象是，法官和检察官在整个职业生涯中从未冤枉过一个好人。官方辩称他们宁可纵放千人，也绝不错抓一个无辜者；高定罪率完全是因为检察官只有在确信能够百分之百定罪时才会提起公诉。尽管相比于英国等定罪率在 70% 左右、起诉门槛相对不同的国家，日本确实要求较高的起诉证据，但这种“为了保全面子而只打必胜官司”的做法，反而让检方在正式起诉后怠于复核事实。这种“警察盖章、法庭照准”的流水线逻辑，依然无法完全解释如此惊人的定罪数据。 - 日本刑事定罪率高达 99.98% 以上，高于多数专制政权。 - 英国等普通法系国家的定罪率通常在 70% 左右波动。 - 日本检方为避免当庭宣判无罪导致“丢面子”，普遍存在极度厌恶败诉风险的倾向。 --- ### [02:30](https://www.youtube.com/watch?v=IRn4xzaugbk&t=150s) 忠诚文化、社会同侪压力与错判的悲剧要解释这种极端的司法现象，根源在于深层的文化结构。在日本，对群体的忠诚高于一切。虽然二战后美国起草的和平宪法废除了天皇的法理统治地位，但旧有的等级服从意识从未真正离开社会。公职人员在社会心理层面对国家抱有一种近乎儒家式的绝对顺从，在此背景下，“国家犯错”被视为一种大逆不道的亵渎。一个人一旦被起诉，不仅司法系统预设其有罪，整个社会也将其打上永恒的道德污点。法官极难有勇气站出来宣称检方或国家犯了错。在 1968 年的一起死刑案件中，一名法官在明知被告人无辜的情况下，依然判处了其死刑。该法官在 2007 年公开表达悔意时透露，当时并未受到任何外部长官的直接施压，所有的重压均来自内部同侪：合议庭的另外两名法官认定被告有罪，持异见被视作极端的羞耻。尽管这位法官当时撰写了长达 360 页阐述该男子无罪的判决附带文书，最终却依然签字判处其死刑，随后便悄然辞职。Evan Hadfield 深刻剖析了这位法官的行为模式：“但我觉得耐人寻味的是他没有做的事。他没有做、也绝不敢做的事，就是大声公开宣布那个人是无辜的。因为体制判定他有罪，而即便明知体制有错，你也绝不能质疑体制。” ```mermaid flowchart TD accTitle: 日本刑事司法定罪机制流程图 accDescr: 展示从检方确信起诉到文化心理机制锁定有罪判决的全流程 subgraph Prosecution["检方起诉审查"] A["仅起诉百分之百能胜诉的案件"] --> B["避免当庭无罪导致面子扫地"] end subgraph InstitutionalMindset["体制与文化心理"] B --> C["对体制绝对顺从：国家不能犯错"] C --> D["合议庭同侪内部压力"] end subgraph VerdictOutcome["审判与判决结果"] D --> E["法官不敢公开持异见判决无罪"] E --> F["高达 99.98% 的定罪率锁定"] end ``` 该死刑犯被关押了 40 余年，由于死刑复核流程的漫长，他一直留在死囚牢房中。最终，在他姐姐多年如一日的孤身奔走抗争下，案件才迎来罕见的平反契机。当当年主审、如今已年过七旬的法官带着泪水前来登门致歉时，数十载残酷的狱中折磨已将这名无辜男子的心智摧残殆尽，他甚至无法理解眼前这个老人的痛哭忏悔。更荒唐的是，即便人已被释放、近乎处于植物人状态，国家检方依然未曾放弃重新将其定罪的企图，因为体制绝不能低头认错。 --- ### [05:42](https://www.youtube.com/watch?v=IRn4xzaugbk&t=342s) 繁荣背后的阴暗面与犯罪率的真正根源国际社会往往对日本高度赞誉：经济实力雄厚、社会秩序井然、犯罪率低、连无家可归者聚集区和贫民窟都整洁有序。然而光环之下隐藏着极少被外界正视的巨大阴暗面。自二战结束以来，日本政坛实质上由一党长期垄断执政；在反对派极为罕见掌权的三年间，实际公共政策也几乎没有发生实质改变。与此同时，日本的自杀率常年处于全球最高梯队，公众自我报告的心理压力和痛苦程度高得惊人。法律纸面上的自由与实践中的压抑形成了强烈反差，而这种脱节在畸形的定罪率上体现得淋漓尽致。针对大众认为“严苛的定罪率带来了低犯罪率”的迷思，Evan Hadfield 直言两者之间缺乏因果关联。实际上，检方为了追求毫无瑕疵的胜诉率，将大量本该起诉的案件压制在法庭之外，或者无限期搁置推迟以避免无罪宣判；罪犯深谙“检方无绝对胜算便不敢出手”的漏洞，反而更容易逍遥法外，导致日本的再犯率并不乐观。日本的低犯罪率和畸高定罪率，实际上是同一种文化根源结出的两个果实：对国家的顺从、对群体的忠诚，以及深植于社会骨髓中的“保全面子”欲望。对于这个体系的运转本质，Evan Hadfield 总结道：“而最让我感到不可思议的是，他们犯下这些并非疏忽失误，他们这么做，仅仅因为这就是他们的工作。” ## Notable quotes > [00:00](https://www.youtube.com/watch?v=IRn4xzaugbk&t=0s) 要么他们的刑罚制度完美无瑕，要么他们正把大量无辜之人送进监狱。 — Evan Hadfield > [02:30](https://www.youtube.com/watch?v=IRn4xzaugbk&t=150s) 即便明知体制有错，你也绝不能质疑体制。 — Evan Hadfield ## Mentioned Evan Hadfield, Rare Earth, 日本, 沙特阿拉伯, 中国, 苏联, 英国, 斯大林, 美国 ## Video description Every system of justice is inevitably found to be unjust. The question is in which direction, and how far. This is a fairly basic outline of Japan's idiosyncratic nature. Sort of an easy week for me. Hope you like it! Your support keeps us going: https://www.patreon.com/rareearth Follow our Instagram: https://www.instagram.com/rareearthseries/ Follow my twitter: https://twitter.com/Evan_Hadfield Merch (more designs to come): https://teespring.com/stores/rareearth This video was made possible thanks to our incredible Patreon subscribers A Raz, A Tuttle, aaron lx, Abram Blocton, Adam Lenk, Adam Kaufman, Adrian Cruz, Alanna Mills, Alberto Daval Cordeiro Araujo, Alejandro Fuentes Salazar, Alex Garland, Alex Van de Sande, Alex Ross, Alexander Lesiw, Alexandros Papageorgiou, Alexis Michelle Smith, Alf Einar Solberg, Amay Khara, Ammobunny, Andres Rama, Andrew Larson, Andrew, Anina Shaorandra, Aqeel Fassuhudeen, Arisyi Raz, Arne 'S Jegers, Arsalan Noorafkan, Audrey Brown, Austin Heyne, Austin Cousineau, Ben Reed, Ben Hewitson, Blue Penguin, Bonnie Lee, Bradley Brown, Brenna and Peter, Brian Miller, Brian ONeel, Bruno Mikuš, Bryan Schmidt, Carl Bodnaruk, Catherine Berry, Chris Ferguson, Christoph Büll, Christoph Dietl, Christopher Perrin-Porzondek, Claudia Guidi, Cody Belichesky, CompConf, Conor Leonard, Corey, Cullen McFater, Dénes Berky, Damon Easley, Damon Yi Hao, Daniel Demsky, Daniel Lee, Daniel Sierra Matus, Daniel Tyler, David Johnson, David Henry, David McConnell, David Benjamin, David Rowe, David Lister, David Badilotti, DeBickel, Djof, Douglas Danger Manley, Edee Nackers, Eduardo Balsa, Edward Sykes, Eidi, Einar Holmedal, Ethnis Studio, f1r3w4rr10r, feo, flox, Fridtjof Mahnke, Gabe S, Ggamefreak22, Giffy, Gilberto Hart, Giulian Fava, Graeme, Gregory Adam Soldink, Gregory Stutheit, Hanyang Xing, Hedi Zisling, heeseung lee, Henderson Moret, Hollis Davis, Ian Smith, Isaac Langille-LaBerge, iyas ashav, J Neko, Jack Clark, Jack Fractal, Jakob Ruder, James D. 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We love you guys! Thanks for watching! You're clearly one of the good ones. [Source](https://www.youtube.com/watch?v=IRn4xzaugbk)

Source quotes

[0:00] Evan Hadfield: 要么他们的刑罚制度完美无瑕，要么他们正把大量无辜之人送进监狱。 [2:30] Evan Hadfield: 即便明知体制有错，你也绝不能质疑体制。

Source quotes

[2:19] Evan Hadfield: You don’t get 99.98% conviction rate letting people walk.

Original transcript

[0:00] Crimmmmmme and punishment. [0:04] It's more than just a boring book that I think everybody should read. [0:07] It’s also the topic of today’s video. [0:09] Because while many people know something about Japanese crime, specifically that its rates are low, [0:14] very few know anything about its punishment. [0:16] And Japanese punishment is among the harshest and most inescapable on the entire planet. [0:22] Their prisons are notoriously draconian. [0:25] And if you ever end up in their court system, there is near a one hundred percent change [0:29] that you are going to be locked up. [0:31] Which means one of two things: Either their penal system is perfect, [0:37] or they’re locking up a lot of innocent people. [0:48] If you find yourself before a Japanese criminal court, there’s upwards of a 99.98% chance [0:54] that you’re going to be convicted. [0:56] Those are higher numbers than places where justice is a farce. [1:00] That's higher than Saudi Arabia. [1:01] That's higher than China. [1:03] Even Stalinist Russia didn’t put up those of numbers. [1:06] To put it simply, if their legal system puts you before a judge, you’re going to be found guilty. [1:11] But if you read interviews with certain members of the Japanese court, chances are [1:15] you’ll walk away thinking they hadn’t locked up a single innocent person in their entire careers. [1:20] To quote transcripts I read preparing this piece, the legal system here claims [1:24] that they would rather see a thousand guilty go free than a single innocent man locked up. [1:28] According to them, the way they’ve been able to achieve these astronomically high numbers [1:33] is because Japanese prosecutors don’t move forward until they’re absolutely certain [1:37] that they can obtain a conviction. [1:39] And although it’s obviously propaganda at its core, there is some truth in that statement. [1:44] In comparison to a nation like Britain, for example, which sees conviction rates in the 70th percentiles, [1:49] there is a much higher burden of proof required before they go to the courts. [1:53] To save time and embarrassment, prosecutors in Japan tend to be very wary about [1:57] trying cases that might end in acquittal. [1:59] Naturally, nobody here wants to lose face. [2:02] But conversely, this means that they are less likely to check their facts when they do. [2:08] As the theory goes, if the prosecution is only going to bring cases they’re sure of, [2:13] then they can be sure of the cases that they bring. [2:16] In many ways it’s a rubber stamp from cop to cell. [2:19] But even that can't quite explain these numbers. [2:21] There are many countries on earth that don't bring forward cases that they are not comfortable with. [2:26] And there is many places on earth where judges overtrust their prosecution. [2:30] So there has to be another reason for it. [2:33] To fill the gap, the answer must lie in culture. [2:36] In Japan, like few places on earth, loyalty reigns supreme. [2:41] The imperial system destroyed by an American-written constitution may no longer be law, [2:46] but it never truly left society. [2:49] In Japan today, it would not be hard to argue that one’s loyalty, above all, is to one’s group. [2:55] Often one’s job. [2:57] To those in the public sector, that means a fairly direct, Confucian subservience to the state. [3:02] Not in a robotic sense, but in a social one. [3:05] In such a system, the state being wrong is akin to sacrilege. [3:09] If someone is convicted, it isn’t just the legal system that presumes them as guilty. [3:13] Everyone does. [3:14] Once stained, forever stained. [3:17] Getting out, even with evidence to show genuine innocence, is virtually impossible. [3:22] What judge wants to stand up and call the state wrong? [3:25] The prosecutors wrong? [3:26] Their own group wrong? [3:29] In 2007, a judge came forward to express regret about sentencing a man to die all the way back in 1968. [3:37] He knew he was innocent at the time, but he locked him up anyway. [3:42] He said that he was feeling pressured. [3:44] Not external pressure. [3:46] Nobody was breathing down his neck about it. [3:48] He felt it all internally. [3:50] The two other judges on the case had said he was guilty, and for him to disagree was shameful. [3:56] So despite the fact that he had written a 360 page document detailing the innocence of a man [4:02] he would give the death penalty, he did it anyway. [4:06] And then, shortly after, in true Japanese fashion, he quietly resigned. [4:11] It was shameful to him to have committed this man to death, knowing full well he was innocent, [4:15] and he did not want to continue with that group that forced him to do it. [4:18] Even if that force was internal. [4:21] But what I find interesting is what he didn’t do. [4:23] What he didn’t do, what he never dared to do, was call him innocent out loud. [4:28] Because the system had said he was guilty. [4:30] And even when you know it’s wrong, you do not question the system. [4:35] As the death penalty in Japan is a strange story all its own, the man he sentenced to death row [4:39] was still on it for 40 years later. [4:42] Eventually, in an extremely rare turn of events, the dedicated work of a single activist found him freed. [4:49] His sister. [4:50] The only one who willing to speak up for him in the face of such social pressure. [4:55] The judge who had sentenced him, then in his 70’s, wished to apologize for the horrors [5:00] that he had knowingly inflicted. [5:02] But it was too late. [5:04] By the time he was released, decades of draconian prison life had left his brain so addled [5:10] that he couldn't even to comprehend the tearful apology. [5:14] The damage had been done. [5:16] Justice had been served. [5:19] Yet even now, having been acquitted and found innocent, released from prison [5:23] and nearly vegetative in his capacity, the state continues to try to find him guilty. [5:29] They haven’t given up on their man, because the system cannot be wrong. [5:33] You don’t get 99.98% conviction rate letting people walk. [5:37] Even if they're innocent. [5:39] This is an all too common story here. [5:42] It’s just one people rarely mention. [5:44] Many people around the world praise Japan, and rightly so, for the successes that they’ve had. [5:49] Faith in their system has led to a society with a plethora of achievements. [5:53] It is a nation of hard workers, it sports a strong economy and extremely low rates of social unrest. [5:59] Homeless are organized and slums are clean. [6:02] Crime is low. [6:03] The economy aims towards equality and worker rights, at least on paper, [6:07] and it has long since been held in international esteem. [6:11] But while we’re quick to laud, we shouldn’t also be overlooking the negatives. [6:15] They may be less evident to the casual viewer, but they’re certainly there. [6:19] The government has been a virtual one-party system since the Second World War. [6:23] One of the few times the opposition took power was this decade, and even then for only three years [6:28] with little to no changes to any actual policy. [6:31] Japan’s suicide rate is, and has been for a very long time, among the highest recorded on the planet. [6:37] People’s self-reported rates of misery and stress rival those of any system, anywhere, ever. [6:44] Freedom on paper does not equate to freedom in practice, and it's in statistics like their conviction rate [6:49] that we see that the best. [6:51] I’m sure that many viewers will still be holding on to the idea that this legal system is [6:55] somehow directly related to the low crime rates of Japan. [6:59] But there’s simply no evidence to suggest that. [7:01] If anything, the system produces the opposite. [7:04] Most crimes brought before the state never make it to court. [7:07] Those that do are often deferred perpetually to avoid a statement of innocence. [7:11] Criminals are much more capable of getting away with their crimes here, [7:15] because they know that justice will only be attempted if the prosecutors are certain to win. [7:20] Because of that, Japan’s recidivism rate is not one to be envied. [7:24] Once a criminal, it seems, always a criminal. [7:28] The crime rates of Japan are definitely lower than many other places on earth. [7:33] Even being underreported as they are. [7:35] But that’s not because their conviction rate is obscene. [7:38] They simply both stem from the same source. [7:41] Duty to the state. [7:42] Loyalty to one’s group. [7:44] And an incredibly strong desire to save face. [7:47] I’m not saying that my system is better. [7:50] I’m not even saying that any system is better. [7:52] They’re all just choices on a spectrum. [7:54] But what I am saying is that Japan is almost certainly, and in a sense willingly locking up [8:00] innocent men and women to a degree that would shock any other nation. [8:03] Including the dictatorships. [8:06] And the craziest part to me is that they’re not doing it as a mistake. [8:11] They’re doing it because it’s their job. [8:14] This is Rare Earth.