Nov.
1995
Dealing with Japan's System of
Justice
by Mark A. Levin
Living in Sapporo is a real treat, but sometimes
things go wrong. That might be because you did something
dumb and got caught, or it might be that somebody
thinks you did something wrong. That's what criminal
law is all about - and if you get accused of a crime,
you'll be sitting in a very hot seat in the middle
of the criminal justice system.
Now, they call it the criminal "justice"
system because it is a system that is supposed to
come up with "just" results. One part
of this system is that anyone accused of a crime
in Japan has certain rights which are meant to protect
them from illegal or abusive behavior. Therefore
it helps to know what those rights are.
If you are a foreigner, you should remember that
Japan's system may be different from the system
of your home country. Some things may be better
and some worse. Since you're now in Japan, you should
know how things are done here.
Here are a few pointers to put somewhere in the
back of your head (and maybe in a desk drawer somewhere).
I hope that you never need to think about these
things again, but perhaps you or a friend may be
glad that you at least looked this over.
Criminal Procedure:
If you are suspected of a crime, you have certain
important rights:
1) You have the right to consult a lawyer. If you
have been arrested, you can either consult a lawyer
that you hire, or you can ask for a meeting with
a lawyer provided by the local lawyers' association
legal aid system (touban bengoshi). If you cannot
afford to pay, your first meeting with the legal
aid lawyer will be free of charge. (Later meetings
may also be free of charge if your application for
legal aid is accepted.) Legal aid lawyers can usually
bring an interpreter with them, so you can understand
their advice even if you don't speak Japanese.
If you want legal advice, tell any police officer,
prosecutor, or judge that you would like to speak
to a touban bengoshi, or ask someone to call for
you. In Sapporo, call the Sapporo Bar Association
Keiji Bengoshi Center (011-272-1010, any time, Japanese
language only); elsewhere in Japan, have someone
call the local bar association in the city nearest
to where you were arrested.
2) You have the right to remain silent. However,
you do not have the right to refuse to be questioned.
So, the police or prosecutors may question you even
if you tell them you do not want to be questioned.
But, remember, you do not have to answer any question
that you do not want to. Indeed, you can refuse
to answer every question they ask.
3) You have the right to be questioned in a language
understandable to you with the help of a competent
interpreter. During questioning, if there is no
interpreter, or if you are not satisfied with the
interpreter that has been provided for you, you
should ask for another interpreter.
4) You have the right to have a relative and/or
your nation's consulate notified of your arrest
and detention. Also, you will probably be allowed
to communicate with your legal counsel, relatives,
and friends while you are in detention, but in some
cases, you may be allowed to speak only to your
counsel.
5) You have the right to be free from physical
violence and torture. However, if your conduct is
questionable, the police may say violence was necessary
to restrain you. Be careful not to give them that
excuse. Stay calm and cooperative, even while you
insist upon your rights.
As a law professor, I can hardly claim to be expert
in nutrition. However, I've just learned an important
lesson about nutrition that may be helpful to pass
along to the readers of The Sapporo Journal.
Foreigners living long-term in Japan may want to
consider whether they are getting enough calcium
in their diet to allow their bones to carry out
the routine rebuilding process that bones do during
our lives. While most attention focuses upon women's
higher long-term calcium needs, men need to be careful
too.
On a recent visit to the States, I took a pretty
simple fall while ice skating with my young nieces
and ended with a severe multiple fracture of the
bones in my right leg. The surgeon who put in the
hardware to reconstruct my leg indicated that my
bones weren't normal strength for a 36 year old
active and healthy man. His guess was that a long-term
calcium deficiency had weakened them. This makes
sense. Japanese people's traditional calcium source
is the bones of small fish (e. g. shirasu, iwashi,
shishamo, etc.), but foreigners often don't eat
a regular Japanese diet. Westerners (and many Japanese
today) get calcium from milk products, but there
may be many (such as myself) who do not consume
enough. For me, three years of falling in between
the two culture's dietary sources of calcium left
my bones just waiting for a break.
The solution is to think about dietary calcium intake
,which should be 1000 mg. per day, though some say
more. If what you ordinarily eat and drink doesn't
cover it, a cheap calcium supplemental source is
calcium-based antacids. Munching four Tums a day
provides 1200 mg.
I hope that this news will keep everyone happily
skiing, rollerblading, or doing whatever else puts
their bones at risk.