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police state?
[[Japan]] has what many consider to be the world's strictest [[gun control]] laws, and the idea that Japanese gun laws should serve as model for other nations is often put forward. However, although gun related crime in Japan is lower than elsewhere, such reasoning ignores many other factors, which at the end of the day leave a fairly unpersuasive argument.
[[Japan]] has what many consider to be the world's strictest [[gun control]] laws, and the idea is often put forward that the Japanese gun control laws should serve as model for other nations. However, although gun related crimes in Japan are lower per-capita than elsewhere, such reasoning ignores many other factors, which at the end of the day makes for an unpersuasive argument.
Many people cite the Japanese example, without understanding exactly what the law is, how it is implemented and enforced, as well as the culture within the country towards both gun ownership and authority. Although crime figures, especially gun-related crimes, are lower in Japan than many other places, it comes at a cost to the civilian population. This cost can be broadly summarised as a combination between increased police monitoring and reduced civil liberties.
Many people cite the Japanese example, without understanding exactly what the law is, how it is implemented and enforced, as well as the culture within the country itself towards both gun ownership and authority. Although crime figures, especially gun-related crimes, are lower in Japan than many other places, it comes at a cost to the civilian population. This cost can be broadly summarised as a combination between increased police monitoring and reduced civil liberties.
In January 2008, then-Prime Minister Yasuo Fu<i></i>kuda of Japan's ruling conservative [[Liberal Democratic Party of Japan|LDP]], in response to an increase in violent crimes committed by minors and organised crime (''bouryokudan'' 暴力団), called for an amendment to the constitution, to allow for even tighter firearms control measures.<ref>"LDP's platform to call for a new Constitution"; http://search.japantimes.co.jp/cgi-bin/nn20070524a3.html.</ref>
In January 2008, then-Prime Minister Yasuo Fu<i></i>kuda of Japan's ruling conservative [[Liberal Democratic Party of Japan|LDP]], in response to an increase in violent crimes committed by minors and organised crime (''bouryokudan'' 暴力団), called for an amendment to the constitution, to allow for even tighter firearms control measures.<ref>"LDP's platform to call for a new Constitution"; http://search.japantimes.co.jp/cgi-bin/nn20070524a3.html.</ref>
This is despite the fact that as well as not having the right to bear arms, citizens also have no right to privacy against police searches and many other rights are so restricted that Japan could easily be called a "police state."
This is despite the fact that as well as not having the right to bear arms, citizens also have no right to privacy against police searches and many other rights are so restricted that Japan could easily be called a "police state."
If an individual is arrested, whatever the crime, the suspect may be detained - without bail - for a maximum of 28 days, before the prosecutor brings the suspect before a judge.<ref>In terms of the law, detentions are only allowed for 3 days, which are followed by two 10 day extensions which must be approved by a judge. This can be followed by an additional 5 day extension. However, defense lawyers rarely oppose the request by the prosecution for an extension, out of fear of offending the prosecutor. L Craig Parker; The Japanese Police System Today: An American Perspective; Kodasha International; 1984</ref> Bail can be denied if there is reason to believe it could interfere with the police's interrogation of the defendant.
Even if the initial 28 day detention period has expired, detention in a Japanese police station often continues, based on numerous pretexts, such as preventing the defendant from destroying evidence. Another common tactic is to re-arrest the suspect on another charge, called ''bekken taihou'' (別件大法; literally, "separate case, basic law"), which means a fresh 28-day detention period under interrogation. This "rearrest" often occurs whilst the suspect is still being held on the first charge. Some defendants may be held for several months without ever being brought before a judge. Courts approve 99.5 per cent of prosecutors' requests for detentions.<ref>The Joint Committee of the Three Tokyo Bar Associations for the Study of the Daiyö-Kangoku (Substitute Prison) System, Torture and Unlawful or Unjust Treatment of detainees in Daiyö-Kangoku (Substitute Prisons) in Japan (1989)</ref><ref>K Nakayama; "Japan", published in G Cole, S Frankowski, and M Gertz (eds); Major Criminal Justice Systems: A Comparative Survey; Sage Press; 1987; page 181</ref>
Extensive police authority is one reason the Japanese gun control system works. Another reason is that Japan has no cultural history of gun ownership by citizens.
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