I strongly believe that we must not abolish death penalty in Japan. If all people acted on moral assumption, there would be no cruel crime and no discussion on abolishment of death penalty. However, that is fairy tale, not fact. For example, in Japan, there are 933 murders in 2015. From 4 points of view, I believe it is essential for current Japanese society to maintain death penalty system.
First, I focus on morality. The abolishment of death penalty is equal to making a law which completely ensures imaginable cruel wrongdoers’ life. Is it justice that we can’t execute a mass murderer? I take it for granted that imaginable cruel wrongdoers are executed. We must not forget that death penalty is the practice of legal judgement. In addition, there is a following ethics in Japan historically. The person who killed somebody compensates the murder by death. In order not to lose the ethics, death penalty exists.
Second, I point out the emotion of victims and survivors. If your precious person was killed by a mass murderer, you would make sure to hope a revenge. However, we are banned self-help in the criminal law. Therefore, it is not permitted that we kill a mass murderer as a revenge but death penalty system plays a role as a legal revenge. Also, these days, in the Japanese Supreme Court, the emotion of survivors are one of the most important standard whether it passes death sentence on defendant.
Third, I think in terms of the constitutionality. Death penalty system has constitutionality according to the precedents of the Japanese Supreme Court. The article 13 ensures all of the people shall be respected as individuals. Also, it ensures that their right shall be the supreme consideration to the extent that it does not interfere with the public welfare. Therefore, if the public welfare is interfered by wrongdoer, the right of life can be limited by death penalty. The article 31 is “No person shall be deprived of life or liberty, nor shall any other criminal penalty be imposed, except according to procedure established by law.” According to this article, punishments established by law like death penalty can deprive the right of life legally.
Fourth, I look at a poll. Last year, Cabinet Office announced more than 80% of Japanese accept death penalty system. I think Japanese government has no option except maintaining death penalty system because citizens’ consciousness is important for democracy, especially important problem like death penalty system.
In conclusion, I focus on 4 aspects of death penalty system. They are morality, the emotion of victims and survivors, constitutionality and poll. These 4 aspects prove that it is essential for current Japanese society to maintain death penalty system. Therefore, I strongly believe that we must not abolish death penalty in Japan.