History and Prospects of Innocence Project Japan (IPJ) Mitsuyuki INABA Professor, Ritsumeikan University Director, Innocence Project Japan 1
1. History 2
a computer scientist meets criminal justice. 3
Shibushi case 13 people were arrested and charged with election violations. They were detained for months to a year. Six of them confessed. One man died during the trial from the stress, and another tried to kill himself. As a result, they were all acquitted because there was no objective evidence other than a confession. http://www.nytimes.com/2007/05/11/world/asia/11japan.html?mcubz=1 4
Computer-based Analysis of Interrogation Reports (with signature) Receive + Money Not + Receive + Money Only reports discussed in the court 5
Comparison of police detention period in Japan Arrest & detention detainment Re- Japan 72 h 20 days arrest 24 Max. France 24h h Confession and apology Australia 48h are important! https://cdn-ak.f.st- 24 hatena.com/images/fotolife/k/kazemachi UK Max. 72h h gusa/20171118/20171118232830.jpg 24 Italy h 1 Taiwan 6 h http://www.nichibenren.or.jp/library/ja/publicati 6 on/booklet/data/daiyou_kangoku_leaflet.pdf
Kagoshima Rape Case Trial • 17-year-old girl claimed that she got raped by Mr. I. 1 st DNA Test: Crime lab staff couldn’t analyze sperm DNA. • • Mr. I had consumed so much alcohol that night that he had no memory of it, but he confessed during interrogation. ⇒ The judge accepted the victim's claim. Mr. I was sentenced to “4 years in prison.” Appeal trial Victim’s Deposition Analysis • Strange transition of a victim statements • Unnaturally hidden victim's SMS history ↓ 2 nd DNA Test: Outside expert found third person’s DNA ⇒ Mr. I was sentenced “not guilty. “ 7
Need for Scientific Thinking in Criminal Justice Check if science and technology are used appropriately in criminal justice 8
2. Innocence Project: pro-science movement for saving innocent people 9
The Innocence Project 375 DNA exonerees to date (2020/09/05) 21 of 375 people served time on death row In 1992, Barry Scheck and Peter Neufeld started the Innocence Project. https://www.innocenceproject.org/exonerate/ https://25years.innocenceproject.org/ 10
The Innocence Project (Mar. 2015) The Innocence Project External Experts Dr. Saul Kassin Ms. Maddy deLone （ CUNY, (Director ） False Confession ） Dr. Jennifer Dysart Mr. Chris Fabricant （ CUNY, （ Strategic Litigation ） Eyewitness ） Ms. Angela Amel Dr. Jeffrey Fagan （ Social Work ） （ Policing ） 11
California Innocence Project (Mar. 2015) • Based on California Western School of Law (San Diego). • Prof. Justin Brooks, other faculties, and law school students are involved in the project. • They handle cases that prove false charges other than DNA evidence Prof. Justin Brooks 12
3. Launch of Innocence Project Japan (IPJ) 13
Framework of Innocence Project Japan (IPJ) Innocence Project Japan Collaboration Computer Cog. Sci. Science Steering committee Attorney Psychology at Law Forensic Law Science Ritsumeikan Univ. Forensic Sci. Legal Review Deposition DNA Division Division Division Analysis Division Various Deposition DNA test Scientists Analysis Experts Experts Eastern Japan Western Japan Attorneys Group Attorneys Group 14
Activities of IPJ Exonerate Discuss https://www.keiben-oasis.com/wp- content/uploads/2019/06/5ninyokonarabi.jpg 2015.7 Preparatory Office • “The Frontier of the Innocence Movement in 2016.4 Launch of IPJ the United States” • Received requests: 367 • “The Future of the Innocence Movement” • “Biased Scientific Evidence” • Exonerated (Mar. 2020): 2 • “Bias and Tunnel Vision” • “Transparency in Interrogation” Network Educate • Close interaction with the • IPJ Student Projects Taiwan Innocence Project • Study meeting https://ch.konan- u.ac.jp/information/informati • MOU with Int’l Innocence on/category-12/541.html • Lectures Thailand • Event supports • Information Exchange with IPs in US 15
4. Results of Activities 16
Case 1 ： SBS/AHT case On January 28, 2020, the man was found not guilty in a case involving Shaken Baby Syndrome (SBS), or Abusive Head Trauma (AHT). IPJ members joined the defense team from the first trial. The defense team has argued that the SBS hypothesis has been considered as scientifically unreliable in the UK, US and other countries. 17
Case 2: Koto Memorial Hospital Case • In 2003, a patient was found dead while in a hospital. A nursing aide confessed to the murder. • At the trial, she said she confessed because of her romantic feelings for https://public.potaufeu.asahi.com/b1e2- the interrogator. p/picture/20790644/872a0c6bbf8ff6232 e00061eaaa827ac.jpg • She was sentenced to 12 years in prison (and served 12 years). • Later, defense lawyers found a medical report that was hidden by the police for 15 years. It suggested that the patient’s death was an accident. • She was exonerated in March 2020. https://mainichi.jp/english/articles/20190320/ p2a/00m/0na/010000c 18
5. Challenges and Prospects 19
Challenges of Innocence Efforts in Japan Culture that emphasizes confession and apology Disregard for evidence and data • However, before confessions and apologies, the evidence and data must be properly examined scientifically to find the truth. • Otherwise, Japan’s criminal justice will continue to make mistakes. 20
Prospects of IPJ • Promoting the importance of the proper use of evidence and data. • Ensuring that Japanese criminal justice does not repeat the same mistakes. 21
Thank you for your attention! http://www.ipjapan.org/ 22
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