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[[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.

[[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 simply recite the statistics that show that Japan has less guns and less gun crime. However, the claim that fewer guns correlate to less violence is plainly wrong. Japan, even with its severe gun controls, still suffers from a murder rate similar to that of Switzerland, one of the most gun-intensive societies on earth.

 

One United States Government advisory commission, in a 1973 report, while conceding that cultural factors may have something to do with Japan's lesser crime, argued that gun crime in Japan declined every year since 1964, when the controls were enacted in their current form. National Advisory Commission on Criminal Justice Standards and Goals, in A National Strategy to Reduce Crime (January 1973), p 141. But the selection of 1964 was highly artificial. Near absolute gun prohibition had existed for over three centuries, and the current system of controls was put in place during the American occupation, and formally codified in 1958. There was no reason to pick 1964 as the year that gun control went into effect.

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.

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.

Tokyo is ranked amongst the safest major cities in the world. Actually Japanese cities account for 9 of the top 15 safest cities in the world <ref>http://www.marketwatch.com/news/story/story.aspx?guid={78f1eec7-f1aa-4399-9aaf-f4767058a956}&sit</ref> Only 59,000 licensed gun owners live in Tokyo and er one million inhabitants, Tokyo has 40 reported muggings a year<ref>White Paper on Police 1990</ref> The official homicide rate in Japan in 1988 was 1.2 homicide cases per 100,000 population.  

Tokyo is ranked amongst the safest major cities in the world. Actually Japanese cities account for 9 of the top 15 safest cities in the world <ref>http://www.marketwatch.com/news/story/story.aspx?guid={78f1eec7-f1aa-4399-9aaf-f4767058a956}&sit</ref> Only 59,000 licensed gun owners live in Tokyo and er one million inhabitants, Tokyo has 40 reported muggings a year<ref>White Paper on Police 1990</ref> The official homicide rate in Japan in 1988 was 1.2 homicide cases per 100,000 population.  

Robbery is almost as rare as murder. Indeed, armed robbery and murder are both so rare that they usually make the national news, regardless of where they occur. Japan's robbery rate is 1.4 per 100,000 inhabitants. People can still walk anywhere in Japan at night.

Robbery is almost as rare as murder. Indeed, armed robbery and murder are both so rare that they usually make the national news, regardless of where they occur. Japan's robbery rate is 1.4 per 100,000 inhabitants. People can still walk just about anywhere in Japan at night.

===Comparison of Gun Crime Statistics Worldwide===

===Comparison of Gun Crime Statistics Worldwide===

Ironically, the Japanese police only started to carry firearms when ordered to do so in 1946 by [[Douglas MacArthur|General MacArthur]]. Two years later, when the American occupation forces noticed that few police officers had obeyed the order to arm, the Americans supplied the police with guns and ammunition.<ref>D Bayley; Forces of Order: Police Behavior in Japan and the United States; University of California Press; 1976; pp 164 & 180</ref>

Ironically, the Japanese police only started to carry firearms when ordered to do so in 1946 by [[Douglas MacArthur|General MacArthur]]. Two years later, when the American occupation forces noticed that few police officers had obeyed the order to arm, the Americans supplied the police with guns and ammunition.<ref>D Bayley; Forces of Order: Police Behavior in Japan and the United States; University of California Press; 1976; pp 164 & 180</ref>

The police only carry .38 (Smith & Wesson or Nambu .38s) special revolvers, and must always leave their guns at the station. Desk-bound police administrators, traffic police, most plainclothes detectives, and even the riot police do not carry guns.<ref>D Bayley; Forces of Order: Police Behavior in Japan and the United States; University of California Press; 1976; pp 162 & 170</ref>

The police only carry .38 (Smith & Wesson or Nambu .38s) special revolvers, and must always leave their guns at the station when off duty. Desk-bound police administrators, traffic police, most plainclothes detectives, and even the riot police do not carry guns.<ref>D Bayley; Forces of Order: Police Behavior in Japan and the United States; University of California Press; 1976; pp 162 & 170</ref>

Instead of using guns, the police rely on their black belts in judo or the use of their police batons. Indeed, police recruit training spends 60 hours on firearms training, compared to 90 hours on judo, and another 90 on kendo. After police school, few officers show any interest in further firearms training, while continued judo and kendo practice is frequent. Annual police martial arts contests are important events and some 60% of officers rank in one of the top judo brackets.  

Instead of using guns, the police rely on their martial arts training in judo or the use of their police batons. Indeed, police recruit training spends 60 hours on firearms training, compared to 90 hours on judo, and another 90 on kendo. After police training, very few officers show any interest in any further firearms training; but continued judo and kendo practice is frequent. Annual police martial arts contests are important events and most of the top ranks in [[judo]] and [[kendo]] are filled by police officers.

The official Japanese police culture discourages the use of guns. Shooting at a fleeing suspect is unlawful under any circumstance and police and civilians can both be punished for any act of self-defense in which the harm caused was greater than the harm averted.<ref>''Keiho'' 刑法 (Japanese Penal Code), Art 37.</ref>

The official Japanese police culture discourages the use of guns. Shooting at a fleeing suspect is unlawful under any circumstance and police and civilians can both be punished for any act of self-defense in which the harm caused was greater than the harm averted.<ref>''Keiho'' 刑法 (Japanese Penal Code), Art 37.</ref>

However, police surveillance goes beyond house visits and checking up on license owners. Japanese police have a long-standing tradition of keeping tabs on the local populace and monitoring every aspect of life (a fact which came to light with the inclusion of such statistics as the disturbing "Background and Motives for Girls' Sexual Misconduct" in the the nation's official year-end police report.<ref>National Police Agency, Japanese Government, White Paper on Police 1986 (excerpt), translation: Police Association (1986), page 70</ref> Virtually every citizen is the subject of a police dossier of one form or another.

However, police surveillance goes beyond house visits and checking up on license owners. Japanese police have a long-standing tradition of keeping tabs on the local populace and monitoring every aspect of life (a fact which came to light with the inclusion of such statistics as the disturbing "Background and Motives for Girls' Sexual Misconduct" in the the nation's official year-end police report.<ref>National Police Agency, Japanese Government, White Paper on Police 1986 (excerpt), translation: Police Association (1986), page 70</ref> Virtually every citizen is the subject of a police dossier of one form or another.

===Police State?===

===Is Japan a Police State?===

Virtually all Japanese citizens believe that the police should be respected and not questioned. Due to the esteem in which the police are held, the Japanese people willingly co-operate with them, and this co-operation also extends to obeying the laws which almost everyone believes in. The Japanese people, and even the large majority of Japanese criminals, voluntarily obey the gun control laws.  

Virtually all Japanese citizens believe that the police should be respected and not questioned. Due to the esteem in which the police are held, the Japanese people willingly co-operate with them, and this co-operation also extends to obeying the laws which almost everyone believes in. The Japanese people, and even the large majority of Japanese criminals, voluntarily obey the gun control laws.  

During a suspect's detention, he may only receive visits from his criminal defense lawyer, and these meetings are strictly limited to 15 minutes at a time and between 1 to 5 visits, depending on the length of the detention. These visits can even be denied if they hamper the police investigation. During the same time, police can interrogate the suspect for up to 12 hours a day and complaints of abuse and torture are rife. <ref>Baba v Japan (Sapporo High Court, 1950) (defense counsel had 20 minutes of access on the third day, and 30 minutes each on the ninth and tenth days of detention; this amount of access was deemed reasonable by the court)</ref><ref>'Japan, Behind the Myth of Japanese Justice', American Lawyer, July/August 1985</ref> [[Amnesty International]] have called the Japanese police custody system a "flagrant violation of [[United Nations]] human rights principles".<ref>"News and Notes"; 1990' 7 CJ International</ref>

During a suspect's detention, he may only receive visits from his criminal defense lawyer, and these meetings are strictly limited to 15 minutes at a time and between 1 to 5 visits, depending on the length of the detention. These visits can even be denied if they hamper the police investigation. During the same time, police can interrogate the suspect for up to 12 hours a day and complaints of abuse and torture are rife. <ref>Baba v Japan (Sapporo High Court, 1950) (defense counsel had 20 minutes of access on the third day, and 30 minutes each on the ninth and tenth days of detention; this amount of access was deemed reasonable by the court)</ref><ref>'Japan, Behind the Myth of Japanese Justice', American Lawyer, July/August 1985</ref> [[Amnesty International]] have called the Japanese police custody system a "flagrant violation of [[United Nations]] human rights principles".<ref>"News and Notes"; 1990' 7 CJ International</ref>

The Japanese legal system can best be described as "an omnipotent and unitary state authority." As all the law enforcement administrators in Japan are appointed and funded by the National Police Agency, the police are effectively protected from complaints from politicians or citizens.<ref>J Williams; "Japan: The price of safe streets"; Washington Post; 13 October 1991</ref> There only check on the State's power is its own conscience.

The Japanese legal system can best be described as "an omnipotent and unitary state authority." As all the law enforcement administrators in Japan are appointed and funded by the National Police Agency, the police are effectively protected from complaints from politicians or citizens.<ref>J Williams; "Japan: The price of safe streets"; Washington Post; 13 October 1991</ref> The only check on the State's power is its own conscience.

These excessive police powers have a significant impact on the implementation of gun controls. The Japanese gun control laws exist within a society that currently has little need for guns for self-defense purposes. The powers of the Police make owning and hiding an illegal weapon extremely difficult. Add to that a criminal justice system based on a Government which possesses the seemingly inherent authority to do as it pleases, and it results in a society where almost everyone accepts nearly limitless, unchecked Government power, and people do not wish to own guns, even to resist oppression or to protect themselves should the criminal justice system ever break down.

These excessive police powers have a significant impact on the implementation of gun controls. The Japanese gun control laws exist within a society that currently has little need for guns for self-defense purposes. The powers of the Police make owning and hiding an illegal weapon extremely difficult. Add to that a criminal justice system based on a Government which possesses the seemingly inherent authority to do as it pleases, and it results in a society where almost everyone accepts nearly limitless, unchecked Government power, and people do not wish to own guns, even to resist oppression or to protect themselves should the criminal justice system ever break down.

==References==

==References==

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