Hands Off Cain
Japan

The following are some replies to questions on the...

The following are some replies to questions on the death penalty put to Kazuhiko Tokoro, specialist in criminal policy and professor emeritus at Rikkyo (St

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The following are some replies to questions on the death penalty put to Kazuhiko Tokoro, specialist in criminal policy and professor emeritus at Rikkyo (St. Paul's) University in Tokyo:
Q) Why does Japan have the death penalty?
A) Basically, one of the roles of punishments in society is to help deter people from committing crimes by letting them know about the penalties they face. If asked the significance of the death penalty, I would answer that it makes clear to people the gravity of the worst, cruelest crimes, which are penalized with the heaviest punishment. The existence of the penalty plays a role in nurturing and strengthening basic morals in people's mind, which consequently prevents people committing more serious and cruel crimes in the future.
Q)How can it be legally justified to kill people even as a form of a punishment?
A) It can only be so when all the due processes have been gone through. This means that we have to have fair trials and make full use of human wisdom to try to avoid misjudgments. Article 31 of the Constitution says: ``No person shall be deprived of life or liberty, nor shall any other criminal penalty be imposed, except according to procedure established by law.'' Although the Supreme Court in 1948 famously declared the death penalty to be constitutional, it also said: ``A human life is heavier than the globe.'' I believe this to be so. Despite that, we have the death penalty because I think we cannot avoid having the punishment to save human lives which are also heavier than the globe. If having the death penalty helps protect the human rights of potential victims, I think we are allowed to retain it. Some cite the sentiments of victims or the bereaved in support of the death penalty, but I think the issue goes far beyond people's sentiment, and is about human life. Nobody is allowed to kill anybody out of hatred.
SOURCES
  • (Sources: The Japan Times, 25/04/2004)