In reply to Pete. (l33t FS) :
The other side of that is that prosecutors will not press charges unless they are 100% sure that they have an airtight case, to prevent anybody from losing face. So, many crimes go unprosecuted. They won't just arrest and let the courts sort it out. If they followed that strategy in the US there would be far fewer people being prosecuted and far fewer trials.
It is my understanding that the idea of Japan being low crime etc. is partly due to cultural mores, and partly due to yakuza acting in a way as low level enforcers, so the police do not get involved.
The other side of that is that prosecutors will not press charges unless they are 100% sure that they have an airtight case, to prevent anybody from losing face. So, many crimes go unprosecuted. They won't just arrest and let the courts sort it out. If they followed that strategy in the US there would be far fewer people being prosecuted and far fewer trials.
It is my understanding that the idea of Japan being low crime etc. is partly due to cultural mores, and partly due to yakuza acting in a way as low level enforcers, so the police do not get involved.
Yes, I thought I covered that when I said said that the prosecutor determines who is guilty, which is effectively their system.
So, to summarize- organized crime keeps much of the lower level crime in check. I'm sure they have fair and judicial methods. Past that, the prosecutor gets to decide which cases to try- with the expectation that pretty much every case tried will return a guilty verdict. Not by a jury, but by a singular judge that can question the accused and witnesses themselves. And if they fail to reach a guilty verdict, it could affect their career.
No thanks, I'll keep our flawed system of justice even if we doubled the gun deaths.
We would definitely have less trials, but not for the reasons you think. In our system, a person is deemed innocent until proven guilty beyond a reasonable doubt. By 12 jurors, with the requirement that all 12 strangers agree that the person is guilty. To everyone reading this, if you ever get the opportunity to serve on a jury, serve. It is eye opening. Could we reduce crime, and gun crime in particular, if we convicted more people? Sure we could! We let all kinds of guilty people go free under our system. Such is the trade off for putting so much emphasis on not convicting the innocent.
Rather than lowering our standards and locking more people up- likely many innocent- how about we just keep the ones found guilty in prison for their full sentences?