DETAINED IN JAPAN 1
Detained in Japan
Natanisha Hershberger
Helms School of Government, Liberty University
Author Note
Natanisha Hershberger
I have no known conflict of interest to disclose.
Correspondence concerning this article should be addressed to Natanisha Hershberger
Email: nhershberger3@liberty.edu
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Abstract
Japan is known for its technology, food, and tourist attractions, with a deep-rooted history of
traditional values (Terrill, 2019, p. 217). However, the country is also known for the organization
known as the yakuza. The yakuza is an organized crime that is an ongoing concern for the
Japanese National Police Association (NPA) (Newsham, 2019). There are no known
transnational issues between the United States and Japan, but the likelihood of traveling abroad
and being detained for association with the yakuza can happen. Furthermore, because relations
are good between the United States and Japan, it does not constitute an American having
automatic diplomatic immunity. Therefore, given the scenario, the author is detained in Japan
with unknown ties to the criminal organization, yakuza. After reading the scenario in this
document, a Christian view will be applied.
Keywords: Japan, criminal justice system, organized crime, yakuza, Christian
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Detained in Japan
Japan is known for its technology, food, and tourist attractions, with a deep-rooted history
of traditional values (Terrill, 2019, p. 217). Japan is recognized as an industrial powerhouse post
World War II with a population of 98% Japanese (2019, p. 217). Religious groups include
Buddhism and Shintoism, but much of the population is said not to practice any religions
whatsoever (2019, p. 217). Unlike many other countries, Japan is a “non-Western
industrialization” country – meaning that the United States did not initially influence the decision
to grow economically (2019, p. 217). However, notably, post-World War II, the United States
maintained control over the country’s reconstruction (Terrill, 2019, p. 219).
Like the United States and other countries, Japan has a criminal justice structure.
Criminal justice systems are in place to protect citizens and prevent criminal acts according to
the code of conduct – or in Japan’s case, the Police Law of 1954 (Terrill, 2019, p. 223). Japan
may be known for having one of the lowest crime rates and highest conviction rates (estimated
99%) (Newsham, 2019). However, it is continuously reported by the National Police Agency
(NPA) that a criminal organization known as the yakuza works in a ‘grey’ area within the country
(Newsham, 2019). The grey area is inclusive of political personnel (2019). The continuation of
the yakuza still existing results from the secretive society of business owners and corrupt
political figures in Japan (2019). As an American entering the country to meet with a yakuza
member, either knowingly or unknowingly, could ultimately be meeting the reality of detention
in Japan.
Scenario
Imagine meeting someone through an online dating site and deciding to travel to meet
them in person after many months of internet chats. The decision to meet in their home country
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(Japan) is made. Dates are set, passports are stamped, and the long flight is met with a smile at
the airport in Japan. Upon entering the country, you notice the individual is never truly ‘alone’
with you. There are typically two others within the mix that do not speak often but are dressed in
a suit and tie like that of the secret service agents in the United States. Previously aware that the
gentleman you met was from a wealthy family structure - there were apparent secrets, but you do
not inquire just yet.
After three days in the country, you have been able to soak in the sites of historical
locations, enjoy the traditional street food, and expand the unique attraction of the person you
once assumed you would never meet face to face. However, on the fourth day, you decide to take
a walk to the corner coffee shop before your friend arrives, and to your surprise, you are met by
police officers. Not fluent in Japanese, you do not understand the statements being made – but
you do understand, by the actions, that you are being detained. One word that is clear throughout
the process is “yakuza.” The onset of confusion sets more profound about the purpose of being
detained by the Japanese police. What do they mean, yakuza? Having a background in criminal
justice studies, you know who the criminal organization is, but why would the Japanese police
detain you – an American?
There are no known transnational issues between the United States and Japan, but the
likelihood of traveling abroad and being detained could occur. Americans do not have automatic
diplomatic immunity. Therefore, the experience of the Japanese criminal justice system just
became another attraction on the list - without the desire to visit.
Yakuza
Historically, the yakuza are also known as the bakuto (traditional gamblers) or
the tekiya (street peddlers) (Kaplan & Dubro, 2012, p. 7). In addition, the Japanese National
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Police Agency (NPA) defines the infamous criminal organization as boryokudan (violent groups)
(Moorman, 2020). The lineage of the yakuza dates as far back as the 1700s, with style
resembling the Italian Mafia (Kaplan & Dubro, 2012, p. 8). Like their American gangster
counterparts, the yakuza evolved into political movements for their growth equitably during the
early to mid-1900s. However, the difference between the yakuza and American mafias – the
Americans could make large sales of alcohol during the prohibition days and broke through the
ethnic barriers to bring about better work ethics (2012, p. 27). Nevertheless, both entities were
met with a stale halt during the campaign known as World War II (2012, p. 27).
Between blackmails, underground gambling, direct involvement in construction deals,
and drug trades (to name a few), the yakuza members may be arrested. However, the
organization has been too large to shut down abruptly (Moorman, 2020). Seemingly there is a
‘love/hate’ relationship with the Japanese government having a history of utilizing the yakuza
services and the desire to stop criminal acts. Some methods of hindering the yakuza are creating
laws such as the Anti-Gang law (1991-1992), which has been reformed numerous times since its
passing (Moorman, 2020). Bryoku Ki Nado Shobatsu ni Kansuru HritsuIma (1926) is an anti-
violence law legislatively passed by the House of Ministry to challenge the yakuza (Siniawar,
2012). The Anti-Boryokudan (violent groups) Law (initially enacted in 1991) is an
administrative law designed to target groups like yakuza (Reilly, 2014).
Relations with the United States
Since the dawn of post-World War II efforts and control of the reconstruction in Japan by
the United States, there have been no quarrels between the two of the most powerful nations
(Newsham, 2019). However, the United States government, including the Department of
Treasury, has taken part in dismantling organized crime by freezing the assets of crucial yakuza
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members (Moorman, 2020). According to research, the NPA often refers to the yakuza as a threat
to the economic society of Japan. Furthermore, the Osaka Stock Exchange (OSE) admitted in
2001 that the appearance of organized crime was visible.
The OSE and NPA (among other organizations) created a committee to confront the
yakuza infiltration (Grant, 2019). An example of the United States ousting the yakuza, the
Obama Administration shed light on the involvement of the yakuza and the Olympus scandal.
Nevertheless, the American Department of Justice did nothing (Newsham, 2019). It showed the
power of the yakuza to remain relevant and the Japanese government traditionally steering from
embarrassment.
Criminal Justice Structure
Japan’s criminal justice structure is considerably different from the United States. The
Japanese judicial process begins in the prosecutor’s office, where complaints are filed, and a
criminal investigation will commence (Terrill, 2019). A civilian police force investigates crime in
Japan under a centralized system which makes for a high arrest rate for men aged 20-30. Without
knowing Article 31, like the individual involved in this case, it would be easy to become caught
up in this justice system for an extended time (2019, p.259).
However, like the United States Miranda Rights, Japan’s Article 31 in the Code of
Criminal Procedure outlines that “no person shall be deprived of life or liberty, nor shall any
other criminal penalty be imposed…” (Terrill, 2019, p. 258). In addition, Article 34 states, “no
person shall be arrested or detained without being informed or without counsel…” (2019, p.
258). In this case, given the scenario, the individual was possibly informed, but the language
barrier created confusion. However, upon detention, the realities seemingly differ from the
legislation.
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Once detained, a suspect could be held for up to 23 days, which is the longest detention
time during the investigative portion by the procurator and police (Croydon, 2016). However,
dually notable, most suspects are not charged with a crime (2016). The initial detention is
considered the ‘pre-indictment’ detention timeframe to decide whether to follow the pursuit of a
criminal matter or to release the individual without charge (Terrill, 2019, p. 259). Nonetheless,
research has been conducted into the problematic human rights aspect of such methods.
According to Croydon (2016), political philosopher Michael Freeman is exploring the human
rights perspective and asking for leaders of social sciences to use their positions to better expand
the insight into possible violations.
Human Rights
Japanese police have the right to detain and question suspects, outlined in Article 98 of
the Japanese Code of Criminal Procedure (Croydon, 2016). Even after indictment, bail is not
guaranteed. Furthermore, bail can be revoked (or denied) by a judge, given that the residence in
the scenario is not within the country of Japan (Terrill, 2019, p. 260). In addition to the
possibility of being held for up to 23 days, there is a lack of immediate counsel. The accused
would get the right to counsel if charged with a crime that includes the death penalty or an act
that faces more than three years in prison (Corydon, 2016). The right to medical care is
seemingly non-existent, and those facing the death penalty do not get an execution date in
advance (Human Rights Watch, 2022).
The right to counsel is only allotted after indicting the suspect (Croydon, 2016). It was
not until 2016 that ‘some’ interrogations had a video and recording (Human Rights Watch, 2019).
Upon further research, it is claimed that Japan does not have a discrimination law and seemingly
“no known national human rights institution” (Human Rights Watch, 2019). Human Rights
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Watch (2022) advises Japan to limit time for pretrial detention, allowing legal counsel in the
room during interrogations and the authorization of bail being allotted for all accused – similar to
the United States and England.
Christian Perspective
Although Christianity affiliation is an estimated 2% in Japan, there is a more profound
history of Japanese Christians (Ipgrave, 2016). Christianity was first introduced to Japan by
Francis Xavier (1549) (2016). Post-Meiji restoration (1868) prohibition of Christianity became
law (2016). Ipgrave (2016) states that the fear of being outward about Christianity worship
comes with their families' loyalty. Therefore, Japanese Christians seemingly do not attend church
because of possible societal or family disturbance (Ipgrave, 2016).
In Japanese culture, there is a sense of belonging, and decisions are made based on
‘corporatism’ and not individualism – seemingly lacking free will (Lee, 2019). Therefore, those
in Japan that are Christian are considered ‘selfish’ and sometimes not hired by organizations if
their religion is known (2019). The Book of John 15:19 teaches, “if the world hates you, keep in
mind that it hated me first. If you belonged to the world, it would love you as its own” (KJV).
With Japan being mostly without any religion, it is essential to be reminded that they
seem “…alienated from the life of God because of their ignorance and hardness of heart. They
have become callous and have given themselves up to sensuality, greedy to practice every kind
of impurity” (Ephesians 4:18-19, ESV). In addition to the lack of welcoming Christianity, it is
deemed incompatible with the traditions of Japan (Lee, 2019). Furthermore, “you see that a
person is justified by works and not by faith alone” (James 2:24, ESV).
Conclusion
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In summary, every nation across the globe has some type of corruption – yes, even the
third wealthiest country in the world, Japan. Corruption is inclusive of politicians seemingly
lacking the enforcement of laws against the most recognized criminal organization, the yakuza.
The yakuza is a Japanese home-grown criminal organization dating back to the 1700s (Kaplan &
Dubro, 2012, p. 8). In recent studies, it is harder for the yakuza organization to recruit. According
to Cassar (2022), the reporting numbers by the NPA (in 2021) of yakuza members are dwindling.
With 51.2% aging over 50, 14% in their 30s, and less than 5% in their 20s (Cassar, 2022).
However, the rendition of the yakuza, still assisting in the economic powerhouse of Japan,
creates a lack of enforcement to dismantle the organization completely (Reilly, 2014).
Like other countries, Japan’s criminal justice system includes that the Japanese police
does have the right to detain suspects (Terrill, 2019). They are also authorized to detain personnel
for up to 23 days. In addition, the prosecutor decides on the indictment, if any (Corydon, 2019).
Criminal punishment does vary depending on the crime itself, whereas civil punishment is
outlined in a contract in Japan. However, the criminal justice structure is noted by Human Rights
Watch as a “hostage” system that apparently lacks the fundamental human rights for detainees
(Human Rights Watch, 2022).
In addition to the lack of human rights during detainment - there is also a lack of allowing
freedom of religion in Japan. Christianity is considered a ‘Western religion’ and is not welcomed
openly in Japan (Lee, 2019). Thus, being reminded that although Christianity is not welcomed,
“…where there are tongues, they will be stilled; where there is knowledge, it will pass away” (1
Corinthians 13:8, KJV). Therefore, we show respect regardless of the religious belief in the
nation of Japan.
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membership. Mafia News. https://mafianews.org/yakuza-demographic-shift/
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