NCJ Number
74983
Date Published
1980
Length
18 pages
Annotation
The legal position of the unconvicted prisoner in Japan and treatment rendered during preventive detention are discussed in this paper.
Abstract
Unconvicted detention is employed to prevent the escape of the accused or the destruction of evidence before trial. Unconvicted prisoners are designated as 'detented free persons' under 'unguilty presumption.' The execution of sentence pronounced upon the convicted and the execution of unconvicted detention conform to fundamental principles which differ from each other. Generally, term of detention is short. Approximately 80 percent of the unconvicted prisoners are granted bail within 3 months. Prison regulations prescribe that the accused awaiting trial shall be placed under solitary confinement as far as circumstances permit. All parts of the correctional institution regularly used by prisoners shall be properly maintained and kept clean at all times. The accused may use their own clothing and bedding. Daily outdoor exercise is required except on rainy days. Writing materials are allowed at the warden's discretion. Sending of telegrams is permitted, but unconvicted prisoners are not allowed to use the telephone. General interviews or visits from relatives are usually limited to one per day, not to exceed 30 minutes. The interview or visit between the accused and a lawyer is without attendant. However, tape cassettes taken into the prison will be examined if deemed necessary. Prison law permits perusal of books for detention prisoners. The accused are not obligated to work, but may elect to do so. Six tables are included.