Feb 25 • 05:44 UTC 🇯🇵 Japan Asahi Shimbun (JP)

Unprecedented Start of Retrial, Yet Almost No Reasons Given – What Does the Supreme Court's 'Decision' Mean?

The Supreme Court of Japan has approved a retrial for a former defendant in the 40-year-old Hino Town incident, yet the decision document provides almost no reasoning for this unusual action.

The Supreme Court of Japan has made an unprecedented decision to allow a retrial for a former defendant in the Hino Town incident, a case dating back over 40 years. This controversial case involves a conviction for robbery and murder that was previously upheld, but the court now indicates the need to overturn that conviction, stating that the lower court's conclusion should stand. However, the decision document is notably brief, spanning only about two pages and offering minimal rationale for this significant legal shift, leading to questions about the court's reasoning.

In criminal trials, the court evaluates the evidence presented by both the prosecution and defense to determine whether the charges are substantiated. If there are grievances with a high court's conclusion, the case can be escalated to the Supreme Court. Traditionally, the Supreme Court operates as a 'legal review' court, limited to addressing constitutional violations, precedential inconsistencies, or substantial factual errors. Statistics indicate that the Supreme Court did not alter the conclusions of any of the 1,608 criminal cases it reviewed in 2024, highlighting its infrequent intervention.

Veteran judges argue that changing the decisions of lower courts typically requires compelling justification, as facts are meticulously reviewed in earlier stages. Most cases concluded by the Supreme Court result in written decisions devoid of detailed reasoning, asserting only the legitimacy of the high court’s prior rulings. In contrast, cases deemed to need significant legal discourse have more lengthy and detailed decisions, allowing insights into judicial deliberations. Notably, the retrial request of Iwao Hakamada, acquitted in a notorious family murder case, was accompanied by comprehensive reasons, contrasting sharply with the brevity of the decision regarding the Hino Town case.

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