Kawakita v. United States
Encyclopedia
Kawakita v. United States, 343 U.S. 717
(1952), was a case in which the United States Supreme Court reviewed a treason
accusation against the defendant
, a dual U.S./Japan
ese citizen.
, Tomoya Kawakita was taken to Japan by his father in 1939 to study at Meiji University
. He was still there when World War II
began. After he graduated in 1943, he was hired as a civilian interpreter for American prisoners of war at the Oeyama mine in Kyoto
province. Following Japan's surrender in August 1945, he interpreted for a time for the American occupation forces.
Kawakita returned to the United States in 1946, and began studying at the University of Southern California
. He was recognized in Los Angeles by Leon Bruce, one of the former POWs. Kawakita was arrested and was charged with treason for torturing American POWs. Former POWs testified that he often taunted them, forced them to beat each other, and made them work even when they were sick.
, in 1943. His lawyer, Morris Lavine argued that at the very most, his client was guilty of "a series of isolated assaults and batteries--nothing more." He stated that kicking a POW or forcing one to carry an extra bucket of paint "could not possibly rise to the dignity of . . . a treason case" and that Kawakita's actions lacked the "element of secrecy and cunning" that was usual in a treason case. He argued, "We have to be careful that our victory over Japan does not enable us for that reason to wreak vengeance on the defendant. We are all on trial here." This case shouldn't be "another chance to get a Jap," Lavine said.
On the stand, Kawakita claimed that he also assisted POWs: he carried one on his back to the mine's hospital; he escorted them to get dental or medical aid; he asked his superiors for a workload reduction when he saw the workers could not meet their daily quota. He admitted to slapping one POW whom he overheard calling him a son-of-a-bitch in Spanish. After the surrender, he even took a group of them for a sight-seeing tour and saw them off with friendly good-byes at the train station when they were finally repatriated. And, as his lawyer pointed out, Kawakita's behavior was probably not egregious because he did nothing to hide his identity, and in fact, enrolled in USC, which was then "loaded with GIs."
However, his arguments were undermined by his 1945 US passport application, in which he swore he had never renounced his U.S. citizenship. The prosecution also rejected Lavine's arguments, claiming that Kawakita's actions helped Japan's war efforts by trying to squeeze labor out of the POWs. The government also contrasted Kawakita's behavior with that of another Nisei guard, Meiji Fujizawa, who was a friend of his. Fujizawa, who was also hired as an interpreter, made an effort to boost the POWs' morale. He gave them friendly slaps on the back; gave them information in Spanish about Japan's impending defeat, and confided in early summer 1945, "We'll have Thanksgiving dinner in San Francisco." Fujizawa later recalled that his friend was "rough in speech," but he never saw him beat anyone. He also said that he himself was ordered to beat a POW once, and that the Japanese would even have prisoners mete out punishment to other prisoners who were caught stealing food and other infractions.
Kawakita argued that a person with dual nationality can only be guilty of treason to the country in which he resides, not another which claims him as a national. The prosecution pointed out that the U.S. Constitution places no territorial limitations on treason. And it pointed out that U.S. citizenship cannot be cast off or on so easily like one might do with a "raincoat," nor turned off and on "like a faucet."
.
Kawakita appealed the decision to the United States Supreme Court, which heard it in April 1952. On June 2, 1952, the Supreme Court ruled to support the lower court's judgment and confirmed Kawakita's death sentence.
However, President Dwight D. Eisenhower
viewed the punishment as excessive and on October 29, 1953 commuted Kawakita's sentence to life imprisonment. Ten years later, during the closing of Alcatraz prison where Kawakita was serving his time, President John F. Kennedy
pardoned him on October 24, 1963 on the condition that he be deported to Japan for life.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1952), was a case in which the United States Supreme Court reviewed a treason
Treason
In law, treason is the crime that covers some of the more extreme acts against one's sovereign or nation. Historically, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife. Treason against the king was known as high treason and treason against a...
accusation against the defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
, a dual U.S./Japan
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 citizen.
Crimes
Born in 1921 in Calexico, CaliforniaCalexico, California
Calexico is a city in Imperial County, California. The population was 38,572 at the 2010 census, up from 27,109 at the 2000 census. Calexico is about east of San Diego and west of Yuma, Arizona...
, Tomoya Kawakita was taken to Japan by his father in 1939 to study at Meiji University
Meiji University
is a private university in Tokyo and Kawasaki, founded in 1881 by three lawyers of the Meiji era, Kishimoto Tatsuo, Miyagi Kōzō, and Yashiro Misao. It is one of the largest and most prestigious Japanese universities in Tokyo, Japan....
. He was still there when World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
began. After he graduated in 1943, he was hired as a civilian interpreter for American prisoners of war at the Oeyama mine in Kyoto
Kyoto
is a city in the central part of the island of Honshū, Japan. It has a population close to 1.5 million. Formerly the imperial capital of Japan, it is now the capital of Kyoto Prefecture, as well as a major part of the Osaka-Kobe-Kyoto metropolitan area.-History:...
province. Following Japan's surrender in August 1945, he interpreted for a time for the American occupation forces.
Kawakita returned to the United States in 1946, and began studying at the University of Southern California
University of Southern California
The University of Southern California is a private, not-for-profit, nonsectarian, research university located in Los Angeles, California, United States. USC was founded in 1880, making it California's oldest private research university...
. He was recognized in Los Angeles by Leon Bruce, one of the former POWs. Kawakita was arrested and was charged with treason for torturing American POWs. Former POWs testified that he often taunted them, forced them to beat each other, and made them work even when they were sick.
Controversy
In his defense, Kawakita claimed that he had renounced his United States citizenship during his time in Japan, and thus could not be tried for treason. He also stated that he lost his U.S. citizenship when he was registered in Japan's family census, the KosekiKoseki
A is a Japanese family registry. Japanese law requires all Japanese households to report births, acknowledgements of paternity, adoptions, disruptions of adoptions, deaths, marriages and divorces of Japanese citizens to their local authority, which compiles such records encompassing all Japanese...
, in 1943. His lawyer, Morris Lavine argued that at the very most, his client was guilty of "a series of isolated assaults and batteries--nothing more." He stated that kicking a POW or forcing one to carry an extra bucket of paint "could not possibly rise to the dignity of . . . a treason case" and that Kawakita's actions lacked the "element of secrecy and cunning" that was usual in a treason case. He argued, "We have to be careful that our victory over Japan does not enable us for that reason to wreak vengeance on the defendant. We are all on trial here." This case shouldn't be "another chance to get a Jap," Lavine said.
On the stand, Kawakita claimed that he also assisted POWs: he carried one on his back to the mine's hospital; he escorted them to get dental or medical aid; he asked his superiors for a workload reduction when he saw the workers could not meet their daily quota. He admitted to slapping one POW whom he overheard calling him a son-of-a-bitch in Spanish. After the surrender, he even took a group of them for a sight-seeing tour and saw them off with friendly good-byes at the train station when they were finally repatriated. And, as his lawyer pointed out, Kawakita's behavior was probably not egregious because he did nothing to hide his identity, and in fact, enrolled in USC, which was then "loaded with GIs."
However, his arguments were undermined by his 1945 US passport application, in which he swore he had never renounced his U.S. citizenship. The prosecution also rejected Lavine's arguments, claiming that Kawakita's actions helped Japan's war efforts by trying to squeeze labor out of the POWs. The government also contrasted Kawakita's behavior with that of another Nisei guard, Meiji Fujizawa, who was a friend of his. Fujizawa, who was also hired as an interpreter, made an effort to boost the POWs' morale. He gave them friendly slaps on the back; gave them information in Spanish about Japan's impending defeat, and confided in early summer 1945, "We'll have Thanksgiving dinner in San Francisco." Fujizawa later recalled that his friend was "rough in speech," but he never saw him beat anyone. He also said that he himself was ordered to beat a POW once, and that the Japanese would even have prisoners mete out punishment to other prisoners who were caught stealing food and other infractions.
Kawakita argued that a person with dual nationality can only be guilty of treason to the country in which he resides, not another which claims him as a national. The prosecution pointed out that the U.S. Constitution places no territorial limitations on treason. And it pointed out that U.S. citizenship cannot be cast off or on so easily like one might do with a "raincoat," nor turned off and on "like a faucet."
Decision
On September 2, 1948, a jury of 9 men and 3 women found that Kawakita owed allegiance to the United States during his residence in Japan. Charged with 15 overt acts, he was found guilty of eight. His U.S. citizenship was revoked, and he was sentenced to deathCapital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
.
Kawakita appealed the decision to the United States Supreme Court, which heard it in April 1952. On June 2, 1952, the Supreme Court ruled to support the lower court's judgment and confirmed Kawakita's death sentence.
However, President Dwight D. Eisenhower
Dwight D. Eisenhower
Dwight David "Ike" Eisenhower was the 34th President of the United States, from 1953 until 1961. He was a five-star general in the United States Army...
viewed the punishment as excessive and on October 29, 1953 commuted Kawakita's sentence to life imprisonment. Ten years later, during the closing of Alcatraz prison where Kawakita was serving his time, President John F. Kennedy
John F. Kennedy
John Fitzgerald "Jack" Kennedy , often referred to by his initials JFK, was the 35th President of the United States, serving from 1961 until his assassination in 1963....
pardoned him on October 24, 1963 on the condition that he be deported to Japan for life.