PUBLIC OPINION AND THE DEATH PENALTY IN JAPAN

Abstract

The Japanese Government relies on public opinion for the retention of the death penalty. This paper analyses the nature of public opinion expressed in opinion polls, and argues that the polls used by the Government to justify retaining the death penalty do not offer a true reflection of the public will. Public opinion concerning the death penalty is based on misinformed and uninformed knowledge of the Japanese death penalty system. In theory, such public opinion should not be used as a barometer to decide crucial criminal policies. However, this paper does not argue that the public should be completely excluded from expressing its will in their criminal justice systems. If public opinion is to be reflected, the public needs to be properly informed of the death penalty system. Furthermore, judges and politicians should be educated about the nature of public opinion so that they understand the difference between ‘public opinion’ and ‘public opinion expressed in opinion polls’, the former being worthy of attention. Ideally, public opinion should be incorporated without the judiciary and legislature being controlled by it. Instead of adjusting criminal policy so as to fall in line precisely with public opinion expressed in polls, judges and politicians should take into account what the public will tolerate, and at the same time attempt to lead public opinion. Leading the public, however, will only be possible if the Government becomes more open with the public about the death penalty system.