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Resumo

A criminal case can go wrong in two main ways. A person who committed a crime can escape punishment, or a person can be convicted and punished for a crime he or she did not commit (Simon, 2012, p.4). Every criminal justice system makes mistakes of both kinds, but most cultures and criminal justice professionals believe that the worse mistake is the false conviction of a person who is actually innocent (Huff and Killias, 2008). As jurist William Blackstone observed, 'it is better that ten guilty persons escape than that one innocent suffer.' An aversion to convicting the innocent is also well established in Japan's legal culture. Indeed, the main proximate cause of Japan's high conviction rate may be the institutionalized caution of Japanese prosecutors about charging cases with evidence that could lead to an acquittal (Johnson, 2002, p.237). On this view, the criminal justice system in Japan might convict fewer innocent people than do systems in countries that adopt more aggressive charging policies (Sasaki, 2000).

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