History and Prospects of Innocence Project Japan (IPJ) - Mitsuyuki INABA Professor, Ritsumeikan University Director, Innocence Project Japan

 
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History and Prospects of Innocence Project Japan (IPJ) - Mitsuyuki INABA Professor, Ritsumeikan University Director, Innocence Project Japan
History and Prospects of
Innocence Project Japan (IPJ)

             Mitsuyuki INABA
    Professor, Ritsumeikan University
    Director, Innocence Project Japan   1
History and Prospects of Innocence Project Japan (IPJ) - Mitsuyuki INABA Professor, Ritsumeikan University Director, Innocence Project Japan
1.
History

          2
History and Prospects of Innocence Project Japan (IPJ) - Mitsuyuki INABA Professor, Ritsumeikan University Director, Innocence Project Japan
a computer scientist
       meets
  criminal justice.

                       3
History and Prospects of Innocence Project Japan (IPJ) - Mitsuyuki INABA Professor, Ritsumeikan University Director, Innocence Project Japan
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
History and Prospects of Innocence Project Japan (IPJ) - Mitsuyuki INABA Professor, Ritsumeikan University Director, Innocence Project Japan
Computer-based Analysis
of Interrogation Reports (with signature)

                              Receive + Money
                              Not + Receive + Money

                                        Only reports
                                        discussed in
                                        the court

                                                       5
History and Prospects of Innocence Project Japan (IPJ) - Mitsuyuki INABA Professor, Ritsumeikan University Director, Innocence Project Japan
Comparison of police detention period in Japan
  Arrest &
                                                                       detention
  detainment

                                                                                               Re-
  Japan                            72 h                    20 days                            arrest
                             24     Max.
      France                  h     24h

                                                      Confession
    Australia                     48h
                                                      and apology
                             24
                                                      are important!        https://cdn-ak.f.st-
                                                                            hatena.com/images/fotolife/k/kazemachi
         UK                   h
                                           Max. 72h
                                                                            gusa/20171118/20171118232830.jpg

                             24
        Italy                 h

                            1
      Taiwan                6
                            h

http://www.nichibenren.or.jp/library/ja/publicati
on/booklet/data/daiyou_kangoku_leaflet.pdf                                                                       6
History and Prospects of Innocence Project Japan (IPJ) - Mitsuyuki INABA Professor, Ritsumeikan University Director, Innocence Project Japan
Kagoshima Rape Case
Trial
    • 17-year-old girl claimed that she got raped by Mr. I.
    • 1st 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
               ↓
    2nd DNA Test: Outside expert found third person’s DNA
     ⇒ Mr. I was sentenced “not guilty.“

                                                                     7
History and Prospects of Innocence Project Japan (IPJ) - Mitsuyuki INABA Professor, Ritsumeikan University Director, Innocence Project Japan
Need for Scientific Thinking in Criminal Justice

                  Check if science and technology are
                  used appropriately in criminal justice

                                                           8
History and Prospects of Innocence Project Japan (IPJ) - Mitsuyuki INABA Professor, Ritsumeikan University Director, Innocence Project Japan
2.
    Innocence Project:
pro-science movement for
 saving innocent people

                           9
History and Prospects of Innocence Project Japan (IPJ) - Mitsuyuki INABA Professor, Ritsumeikan University Director, Innocence Project Japan
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)
   Collaboration                                                      Innocence Project Japan
                                          Computer
                                                             Cog. Sci.
                                           Science

                                            Steering committee                        Attorney
                          Psychology                                                   at Law

                                           Forensic                   Law
                                           Science
Ritsumeikan
    Univ.
                      Deposition             Forensic Sci.                             Legal Review
                                                                   DNA Division
                    Analysis Division          Division                                  Division

         Deposition                  Various            DNA test
       Analysis Experts             Scientists          Experts

                                                 Western Japan                     Eastern 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”
• Exonerated (Mar. 2020): 2    •   “Biased Scientific Evidence”
                               •   “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     •   Lectures
                                                                           on/category-12/541.html

  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
 https://public.potaufeu.asahi.com/b1e2-          because of her romantic feelings for
 p/picture/20790644/872a0c6bbf8ff6232
 e00061eaaa827ac.jpg                              the interrogator.
                                                 • 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.

https://mainichi.jp/english/articles/20190320/
                                                 • She was exonerated in March 2020.
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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