Daiyo kangoku
Encyclopedia
Daiyo kangoku is a Japan
ese legal term meaning "substitute prison." Daiyō kangoku are detention cells found in police station
s which are used as legal substitutes for detention center
s, or prison
s. The practical difference lies in the supervision of daiyō kangoku by the police
forces responsible for investigations, whereas detention centers are supervised by a professional corps of prison guards who are not involved in the investigative processes.
Daiyō kangoku came about to solve a shortage of prison cells in Japan in 1908. Though no shortage exists today, the practice has continued and has significant political
support. It has been controversial, however, because of its role in eliciting confessions from criminal suspects.
s from the suspect. After the initial ten day extension, the prosecutor can request a further ten days of detention from a judge, before the suspect must either be charged or released. Requests for pre-trial detention after arrest are almost always granted by judges; in 1987, the rate of approval for all requests was 99.8%. That same year, 85% of arrested detainees were kept in daiyō kangoku facilities for longer than seventy-two hours; more than a third of suspects were held without charge for longer than ten days by a judge’s decision to extend the time limits. The authorities have a great deal of control over the suspect's well-being, and can restrict meals or access to family. Intensive interrogation practices are often used, and the condition of daiyō kangoku are considered worse than those in Japanese regular detention centers. Japanese human rights and civil liberties activists in Japan have questioned whether this policy, which in sum allows 23 days of detention before charges must be brought, adequately protects suspects' rights.
Defenders of the current system argue that under generally conservative prefectural policies, extraordinary proof must be obtained before an arrest can be made; statistically, only around 20% of criminal suspects are arrested. Japanese prosecutor
s require beyond-reasonable-doubt proof for indictments, and often require a confession. Advocates of the daiyō kangoku system argue that this culture of restraint among the authorities merits and even requires the ability to place uncharged suspects in prolonged detention.
During an interview in the daiyō kangoku, the suspect has the rights, under the Constitution, to counsel and to remain silent. But under the Supreme Court's interpretation of the Code of Criminal Procedure
, suspects cannot end the interview—which is to say, the suspect cannot choose to leave the daiyō kangoku until the interview is concluded. Japanese human rights and civil liberties advocates usually criticize this interpretation as offering the accused too few rights in daiyō kangoku.
Japan
Japan is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...
ese legal term meaning "substitute prison." Daiyō kangoku are detention cells found in police station
Police station
A police station or station house is a building which serves to accommodate police officers and other members of staff. These buildings often contain offices and accommodation for personnel and vehicles, along with locker rooms, temporary holding cells and interview/interrogation rooms.- Facilities...
s which are used as legal substitutes for detention center
Detention center
A detention center or a detention centre is any location used for detention. Specifically, it can mean:*A jail or prison*A structure for immigration detention*An internment camp or concentration camp...
s, or prison
Prison
A prison is a place in which people are physically confined and, usually, deprived of a range of personal freedoms. Imprisonment or incarceration is a legal penalty that may be imposed by the state for the commission of a crime...
s. The practical difference lies in the supervision of daiyō kangoku by the police
Police
The police is a personification of the state designated to put in practice the enforced law, protect property and reduce civil disorder in civilian matters. Their powers include the legitimized use of force...
forces responsible for investigations, whereas detention centers are supervised by a professional corps of prison guards who are not involved in the investigative processes.
Daiyō kangoku came about to solve a shortage of prison cells in Japan in 1908. Though no shortage exists today, the practice has continued and has significant political
Politics
Politics is a process by which groups of people make collective decisions. The term is generally applied to the art or science of running governmental or state affairs, including behavior within civil governments, but also applies to institutions, fields, and special interest groups such as the...
support. It has been controversial, however, because of its role in eliciting confessions from criminal suspects.
Controversy
Suspects can be detained for an "interview" in a daiyō kangoku for as many as seventy-two hours under the Code of Criminal Procedure. After this seventy-two hour period, prosecutors can request a further ten days' detention of the suspect from a judge. These ten days are frequently used by the investigative authorities to gain confessionConfession
This article is for the religious practice of confessing one's sins.Confession is the acknowledgment of sin or wrongs...
s from the suspect. After the initial ten day extension, the prosecutor can request a further ten days of detention from a judge, before the suspect must either be charged or released. Requests for pre-trial detention after arrest are almost always granted by judges; in 1987, the rate of approval for all requests was 99.8%. That same year, 85% of arrested detainees were kept in daiyō kangoku facilities for longer than seventy-two hours; more than a third of suspects were held without charge for longer than ten days by a judge’s decision to extend the time limits. The authorities have a great deal of control over the suspect's well-being, and can restrict meals or access to family. Intensive interrogation practices are often used, and the condition of daiyō kangoku are considered worse than those in Japanese regular detention centers. Japanese human rights and civil liberties activists in Japan have questioned whether this policy, which in sum allows 23 days of detention before charges must be brought, adequately protects suspects' rights.
Defenders of the current system argue that under generally conservative prefectural policies, extraordinary proof must be obtained before an arrest can be made; statistically, only around 20% of criminal suspects are arrested. Japanese prosecutor
Prosecutor
The prosecutor is the chief legal representative of the prosecution in countries with either the common law adversarial system, or the civil law inquisitorial system...
s require beyond-reasonable-doubt proof for indictments, and often require a confession. Advocates of the daiyō kangoku system argue that this culture of restraint among the authorities merits and even requires the ability to place uncharged suspects in prolonged detention.
During an interview in the daiyō kangoku, the suspect has the rights, under the Constitution, to counsel and to remain silent. But under the Supreme Court's interpretation of the Code of Criminal Procedure
Criminal Code of Japan
The Penal Code of Japan was passed in 1907 as Law No. 45. It is one of the Six Codes that form the foundation of Japanese law.- External links :* - Japanese Ministry of Justice...
, suspects cannot end the interview—which is to say, the suspect cannot choose to leave the daiyō kangoku until the interview is concluded. Japanese human rights and civil liberties advocates usually criticize this interpretation as offering the accused too few rights in daiyō kangoku.
Other references
- Oda, Hiroshi (1999). Japanese Law. Oxford: Oxford University Press: 423-424.