NARA, Dec 19 (News On Japan) –
Prosecutors have sought a life sentence for Tetsuya Yamagami within the trial over the deadly taking pictures of former Prime Minister Shinzo Abe, with debate now specializing in how the defendant’s upbringing and alleged non secular abuse ought to affect sentencing in a lay decide trial.
The case had drawn consideration over whether or not prosecutors would search the loss of life penalty, however as a substitute requested life imprisonment, a transfer that authorized specialists have described as acceptable and restrained below present sentencing requirements.
Masataka Kamei, a lawyer commenting on the case, mentioned the prosecution’s request was per the Nagayama standards, which information sentencing in capital circumstances. With one sufferer killed, the hurdle for in search of the loss of life penalty is excessive until the act might be clearly framed as political terrorism. While an assault on the democratic system can be handled as distinctive, Kamei mentioned prosecutors had not established that degree of intent, making life imprisonment an inexpensive request.
Prosecutors argued that the hazard posed by the crime was excessive, noting that Yamagami fired a selfmade pipe gun in a setting the place many individuals may have been injured or killed. They cited proof of planning over a number of years and a powerful intent to kill. They additionally harassed what they described as a disregard for human life, pointing to the dearth of a convincing clarification for why the goal shifted from figures linked to the previous Unification Church to Abe, calling the act impulsive and self-centered.
Kamei agreed that firing a weapon in a public setting created critical threat and mentioned the planning and intent have been significantly placing. He added that whereas Yamagami’s targets modified over time, suggesting it was not a matter of selecting a single particular particular person, this tendency supported the prosecution’s view that the crime mirrored a disregard for human life.
Questions have additionally centered on why Abe turned the goal. According to courtroom testimony, Yamagami acknowledged that if he couldn’t attain figures related to the non secular group, he determined to assault Abe as a substitute, sustaining that the previous prime minister was not his authentic focus. However, observers famous inconsistencies in his explanations, with some saying he struggled to obviously articulate the shift in motive throughout questioning.
Another key level raised by prosecutors was the restricted prospect of rehabilitation and the necessity to align the sentence with previous precedents. Kamei defined that if rehabilitation have been deemed unattainable and the danger of reoffending excessive, prosecutors would sometimes pursue the loss of life penalty. In this case, nonetheless, they seem to have concluded that rehabilitation stays attainable, supporting a life sentence. He added that when put next with previous circumstances leading to life imprisonment, the details of this case fall squarely inside that vary.
The protection, in contrast, has argued {that a} life sentence can be excessively harsh, urging the courtroom to restrict punishment to a hard and fast time period of as much as 20 years. Central to that argument is Yamagami’s tough upbringing and his declare of being a sufferer of non secular abuse. Kamei mentioned that whereas basic hardship in childhood is normally not closely weighed in sentencing, the problem of non secular abuse may resonate in a different way with lay judges, even when skilled judges and prosecutors are much less prone to be swayed by it.
While acknowledging {that a} fixed-term sentence stays legally attainable, Kamei mentioned he didn’t consider this was a case fitted to such punishment, including that the prosecution clearly views life imprisonment as acceptable. As it is a lay decide trial, nonetheless, the ultimate consequence will rely partly on how odd residents assess the defendant’s background.
During the proceedings, Yamagami selected to not take the witness stand on the ultimate stage, a choice Kamei interpreted as an indication that the defendant had already mentioned what he meant to say. He added that expressions of regret, whereas widespread, have been unlikely to have an effect on the end result on this case.
The protection has additionally pointed to broader social adjustments following the crime, together with strikes to handle points confronted by kids of non secular teams, arguing that society ought to mirror on the circumstances that led to the act. Prosecutors countered that non-public background is unrelated to the sufferer and can’t justify altering the general framework of sentencing, stressing that violence isn’t permissible in a society ruled by the rule of regulation.
With a verdict anticipated in January, consideration is now centered on how lay judges will stability the gravity and hazard of the crime towards the defendant’s background, a judgment that can decide whether or not the courtroom finally imposes life imprisonment or a prolonged fixed-term sentence.
Source: YOMIURI

