Japan wants a SOFA change; right to keep criminal suspects - Page 3

tryangle · 10-30-2009, 02:39 AM

I had a buddy who was doing doughnuts at the seawall in 87 and the JPs pulled him, not drunk but held him for 15 days then kicked him loose. I think its things like this is why SOFA won't change, they can hold you for BS like that. BTW, he got no ticket or anything

Tanimaga · 10-30-2009, 02:58 AM

Quote:

Originally Posted by tryangle

I had a buddy who was doing doughnuts at the seawall in 87 and the JPs pulled him, not drunk but held him for 15 days then kicked him loose. I think its things like this is why SOFA won't change, they can hold you for BS like that. BTW, he got no ticket or anything

Sex with donuts is not a crime.

gtlm2000 · 10-30-2009, 07:10 AM

Here is new "SOFA"

SnaFu · 10-30-2009, 07:43 AM

I think the US position is reasonable with one exception. Not only should the interogations be video taped, but the accused should also be able to have a lawyer present.

The Japanese interogation system is highly questionable by western standards. You can be questioned for hours on end. While you are told that you have the right to remain silent they may continue to question you for long periods of time. During the interogation for a foreigner it is you, and investigator with an interperter and sometimes some others probably just for there for entertainment. You are not entitiled nor will you be granted permission to have a lawyer present during questioning.

The investigators may imply that admitting to the charges may result in a softer sentance but they are generally smart enough to avoid outright saying it as that is basically a form of coersion. With a good lawyer though that defense has actually worked for some who pleaded guilty than later said that they were coerced into a confession in court.

During the interogation everything being said is transcribed and being iterperted from Ja to En. Much of what you say can very easily be taken out of context and used against you. Think about it. You have a question in Ja translated to En. You answer in En and is translated back to Ja, then the investigator transcribes it in Ja which is again translated and transcribed in English.

One right that you have that the police do not tell you about is that you can refuse to sign the transcribed record of the interogation until an attorney reviews it. Bottom line though is that what goes on in the interogaion room is your word against theirs.

Also, as far as I know, the prosecuters do not cut deals so no plea bargaining.

SpaceGhost · 10-30-2009, 08:28 AM

i dont see what is wrong with the way things are currently being done...

CJmc_craken · 10-30-2009, 08:36 AM

^ I don't either...maybe with this "new" government in place they want to get some things changed that wouldn't even be discussed with the last admin..

Spadesy · 10-30-2009, 08:36 AM

Me neither. I think the government just wants to revise the SOFA simply to show that the government can flex its balls now that the LDP is out of power. Change for the sake of change. It's unnecessary. The government needs to focus on issues to fix itself at home and leave the U.S. relations thing as a lesser priority.

SpaceGhost · 10-30-2009, 08:40 AM

it SOUNDS like a typical polital play to pander to a certain demographic of the population here... gain their favor so to speak...

i am sure there is no true expectation of things changing but the fact that WHOEVER spoke out about it will be brought up when it comes time for election/reelection or whatever...

DoctorP · 10-30-2009, 08:44 AM

Quote:

Originally Posted by SpaceGhost

i dont see what is wrong with the way things are currently being done...

I think it needs to be changed.

Allow JP's to use their current questioning process, and to retain custody, but allow a representative of the US Forces to remain present, and allow precedings to be videotaped.

Everyone gets something, and everyone feels a bit of justice is being applied.

SpaceGhost · 10-30-2009, 08:45 AM

i dont agree with the custody part unless there has been an indictment or something...

everyone gets something.. except for those who happen to be wrongfully accused...

10-30-2009, 07:43 AM	#24
SnaFu Senior Member Join Date: Jul 2009 Location: Okinawa Posts: 1,323 My Mood: Thanks: 1,468 Thanked 1,500 Times in 834 Posts Groans: 50 Groaned at 42 Times in 33 Posts Credits: 45,486	I think the US position is reasonable with one exception. Not only should the interogations be video taped, but the accused should also be able to have a lawyer present. The Japanese interogation system is highly questionable by western standards. You can be questioned for hours on end. While you are told that you have the right to remain silent they may continue to question you for long periods of time. During the interogation for a foreigner it is you, and investigator with an interperter and sometimes some others probably just for there for entertainment. You are not entitiled nor will you be granted permission to have a lawyer present during questioning. The investigators may imply that admitting to the charges may result in a softer sentance but they are generally smart enough to avoid outright saying it as that is basically a form of coersion. With a good lawyer though that defense has actually worked for some who pleaded guilty than later said that they were coerced into a confession in court. During the interogation everything being said is transcribed and being iterperted from Ja to En. Much of what you say can very easily be taken out of context and used against you. Think about it. You have a question in Ja translated to En. You answer in En and is translated back to Ja, then the investigator transcribes it in Ja which is again translated and transcribed in English. One right that you have that the police do not tell you about is that you can refuse to sign the transcribed record of the interogation until an attorney reviews it. Bottom line though is that what goes on in the interogaion room is your word against theirs. Also, as far as I know, the prosecuters do not cut deals so no plea bargaining. __________________ General George A. Custers last words at Little Bighorn... "Holy crap! Where did all those f&ck'n indians come from?"

10-30-2009, 08:28 AM	#25
SpaceGhost I groan you! Join Date: May 2008 Posts: 3,848 My Mood: Thanks: 6,384 Thanked 3,113 Times in 1,669 Posts Groans: 1,262 Groaned at 490 Times in 393 Posts Credits: 1,605,013,754	i dont see what is wrong with the way things are currently being done... __________________ *I R SENSERSHIP*

10-30-2009, 08:40 AM	#28
SpaceGhost I groan you! Join Date: May 2008 Posts: 3,848 My Mood: Thanks: 6,384 Thanked 3,113 Times in 1,669 Posts Groans: 1,262 Groaned at 490 Times in 393 Posts Credits: 1,605,013,754	it SOUNDS like a typical polital play to pander to a certain demographic of the population here... gain their favor so to speak... i am sure there is no true expectation of things changing but the fact that WHOEVER spoke out about it will be brought up when it comes time for election/reelection or whatever... __________________ *I R SENSERSHIP*

10-30-2009, 08:45 AM	#30
SpaceGhost I groan you! Join Date: May 2008 Posts: 3,848 My Mood: Thanks: 6,384 Thanked 3,113 Times in 1,669 Posts Groans: 1,262 Groaned at 490 Times in 393 Posts Credits: 1,605,013,754	i dont agree with the custody part unless there has been an indictment or something... everyone gets something.. except for those who happen to be wrongfully accused... __________________ *I R SENSERSHIP*

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10-30-2009, 02:39 AM	#21
tryangle Junior Member Join Date: Dec 2007 Posts: 9 Thanks: 0 Thanked 1 Time in 1 Post Groans: 0 Groaned at 2 Times in 2 Posts Credits: 902	I had a buddy who was doing doughnuts at the seawall in 87 and the JPs pulled him, not drunk but held him for 15 days then kicked him loose. I think its things like this is why SOFA won't change, they can hold you for BS like that. BTW, he got no ticket or anything

10-30-2009, 07:10 AM	#23
gtlm2000 Moderator Join Date: Feb 2008 Location: Shizuoka city , Japan Posts: 5,098 Thanks: 1,991 Thanked 2,208 Times in 1,260 Posts Groans: 3 Groaned at 80 Times in 63 Posts Credits: 1,000,181,602	Here is new "SOFA"

10-30-2009, 08:36 AM	#26
CJmc_craken Junior Member Join Date: Feb 2009 Location: Yomitan Posts: 154 My Mood: Thanks: 44 Thanked 147 Times in 78 Posts Groans: 0 Groaned at 5 Times in 4 Posts Credits: 5,058	^ I don't either...maybe with this "new" government in place they want to get some things changed that wouldn't even be discussed with the last admin..

10-30-2009, 08:36 AM	#27
Spadesy Senior Member Join Date: Mar 2008 Posts: 1,286 Thanks: 665 Thanked 1,032 Times in 599 Posts Groans: 33 Groaned at 50 Times in 45 Posts Credits: 48,008	Me neither. I think the government just wants to revise the SOFA simply to show that the government can flex its balls now that the LDP is out of power. Change for the sake of change. It's unnecessary. The government needs to focus on issues to fix itself at home and leave the U.S. relations thing as a lesser priority.

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