Abstract
This article examines how two of Japan’s largest newspapers frame death penalty issues. Through a content analysis of 7,153 Asahi and Nikkei articles in the 66-month period from January 1, 2007 to June 30, 2012, 11 death penalty frames are identified: inevitability, atonement by dying, atonement by living, victims’ rights and emotions, human rights, miscarriage of justice, calls for discussion, life without parole, deterrence, public support, and retribution. In addition to frames, we examined who the main voices are in each article on capital punishment. We found that avoidance and ambivalence are the two main approaches taken by Asahi and Nikkei to cover death penalty issues, and the most surprising finding is the high salience of atonement as a frame for thinking about capital punishment. In Japan, atonement is used to justify (atone by dying) and oppose (atone by living) the death penalty. Although atonement by living in prison and atonement by dying at the gallows imply radically different outcomes, the flexibility of the atonement frame may suggest new possibilities for Japan’s anti-death penalty movement.
Similar content being viewed by others
Notes
A few signs of increased information openness did appear before the 2009 reforms. As of 1991, fewer than 60 books had been published on capital punishment in Japan, but by 2008 the number had reached 120 (Hamai 2012). Similarly, officials in Japan’s Ministry of Justice started to announce executions after the fact in 1999, and they began releasing the names of the condemned a few years later. Prior to these policy changes, the Ministry made no pre- or post-execution announcements (Yomiuri Shimbun Shakaibu 2009).
Other descriptions of death penalty discourse in America include Masur 1989, Sarat 2001, Banner 2002, Fleury-Steiner 2004, Clarke and Whitt 2007, Kaplan 2012, and Madeira 2012. Studies of death penalty discourse in other countries include Sarat and Boulanger 2005, Bae 2007, Badinter 2008, Johnson and Zimring 2009, and Hammel 2010.
As of September 30, 2012, the total average weekday circulations for the five largest American newspapers were as follows: Wall Street Journal: 2,293,798; USA Today: 1,713,833; New York Times: 1,613,865; Los Angeles Times: 641,369; and New York Daily News: 535,875. These figures include print, digital, and branded editions (Engle 2012). Thus, Asahi’s combined circulation is 7.5 times that of the New York Times, and Nihon Keizai Shimbun’s is twice that of the Wall Street Journal.
The Nikkei database covers only the national edition, while the Asahi database includes local editions of the paper (Miyazawa 2008, p.74).
Many analysts have stressed the uniform and sanitized nature of media coverage in Japan. Shigeo Abe, who left a career at Nikkei in disillusionment at the paper’s practices to start an investigative magazine called Facta, believes that “Japanese newspapers are the most widely read but among the most ineffective in the world” (quoted in McNeill 2012a). Similarly, Takichi Nishiyama, who left a career at Japan’s third largest national newspaper (Mainichi Shimbun) after he was publically and professionally humiliated for scooping a story describing how Tokyo had secretly agreed to absorb the costs of the reversion of Okinawa from American to Japanese rule in 1972, believes that journalists in Japan generally “see it as their job to protect and legitimize authority, not question it” (quoted in McNeill 2012b). For other critical accounts of the role of the media in Japan, see Asano (1987), Hall (1998), Freeman (2000), Kerr (2001, ch.4), Gamble and Watanabe (2004), and Nishikawa (2009).
When we searched the word shikei in the electronic databases of both Asahi and Nikkei, the articles that include the word kyokkei also appeared as the two words are used interchangeably in Japan to refer to capital punishment.
In Table 2, “other” includes miscellaneous articles in which the word shikei was used metaphorically or in which a cognate word (such as shikei-shu or “death row inmate”) appeared. Also included in the “other” category are articles about war criminals, films, theatrical productions, and book reviews about the death penalty, in addition to brief weekly summaries of news that involved death penalty cases and a few articles in which offenders did not receive a death sentence even though they committed their crimes in hope of getting the death penalty.
By “framing” we mean how capital punishment is socially constructed and represented (Best 2013, p.67).
Hanging is the only method of execution Japan has used since 1873 (Botsman 2005).
Data from Asahi were collected using the online archive Kikuzo, and data from Nikkei were collected using the online archive Nikkei Telecom 21. In total, 174 of the 972 articles in this study (18 %) had more than one frame.
On how individual offenders are expected to behave in Japan (“like a carp on the cutting board”), see David Bayley’s discussion of “the individual and authority” (Bayley 1991, pp.126-151).
At the time of this writing in November 2013, the last post-execution “press conference” was held by Minister of Justice Sadakazu Tanigaki, after the hanging of 73-year-old Tokuhisa Kumagai on September 12, 2013. Of the 13 questions that reporters asked Tanigaki, five concerned the timing of the execution (why Kumagai? why now?), and Tanigaki stated six times that he had made the decision to execute “carefully” (while providing no information about the basis for it). Tanigaki also refused to answer four questions, but in what may have been a slip of his well-prepared tongue, he acknowledged that there are no “standards” (kijun) in Japan for deciding how many people are hanged when the Minister authorizes executions (at present, more than 130 persons on death row are eligible for execution). A complete transcript of Tanigaki’s press conference can be found at http://www.moj.go.jp/hisho/kouhou/hisho08_00458.html (last accessed November 5, 2013).
On ambivalence in public support for capital punishment in Japan, see Sato 2014.
Cognate expressions of “inevitability” include yamu o ezu, shikata nai, shiyo ga nai, …shika nai, and hoka…nai.
The same study, which is based on the Gallup International 2000 Millenium Survey Poll, found that Japan ranked 16th out of 59 countries in public support for capital punishment, with 59 % of respondents answering this question in the affirmative: “Are you personally in favor or against the use of the death penalty?” (Unnever 2010, pp.469, 473). The highest levels of public support for capital punishment were found in Taiwan (83 %), Pakistan (82 %), and Thailand (79 %), while the USA ranked eighth, with 68 % support. The lowest levels were found in Denmark, Spain, Sweden, Ireland, Norway, and Iceland, where public support ranged from 13 to 19 %. The median level of support was found in Argentina, where 43 % of the public said they support capital punishment.
According to the World Values Survey, Japan is one of the most secular nations in the world (www.worldvaluessurvey.org). It is also one of the least Christian, with less than three million Christians out of a population of 127.6 million.
Similarly, Paul Kaplan’s study of “murder stories” in the USA found significant similarities between the ideological narratives constructed by the prosecution and the defense in capital trials. In particular, both invoke the individualistic values of the “American Creed” (Kaplan 2012, p.85).
Life without parole may mean “life without hope” in addition to “new challenges to human dignity” that rival those confronting capital punishment (Hood and Hoyle 2008, p.392).
In Japan at present, a term of life imprisonment with the possibility of parole (muki choeki) means that most inmates spend more than 30 years behind bars, and the mean time served under a life sentence has increased markedly in recent years (Hamai 2012).
References
Asahi Shimbun. 2007. “Shikei Shikko ‘Jido Teki ni Susumu Hoho o’ Hatoyama Hoso Tainin Kaiken de.” September 25 (evening edition), p. 21.
Asahi Shimbun. 2008a. “Hanzai Higaisha no Kai, Asahi Shimbun Sha Ate Kougibun: ‘Soryushi’ Meguri” June 26 (morning edition), p. 34.
Asahi Shimbun. 2008b. “[Koe] Huonto Sugiru, ‘Shinigami’ Hyogen.” June 26 (morning edition), p.12.
Asahi Shimbun. 2012. “Shikei Shikko Jimin Seiken Nami: Minshu Hoso, Kakekomi o Hitei.” September 27 (evening edition), p.17.
Asano, K. (1987). Hanzai Hodo no Hanzai. Tokyo: Kodansha.
Badinter, R. (2008). Abolition: one man’s battle against the death penalty. Boston: Northeastern University Press.
Bae, S. (2007). When the state no longer kills: International Human Rights Norms and Abolition of Capital Punishment. Albany: State University of New York Press.
Bae, S. (2011). International norms, domestic politics, and the death penalty: comparing Japan, South Korea, and Taiwan. Comparative Politics, 44(1), 41–58.
Banner, S. (2002). The death penalty: an American history. Cambridge: Harvard University Press.
Baumgartner, F. R., De Boef, S. L., & Boydstun, A. E. (2008). The decline of the death penalty and the discovery of innocence. New York: Cambridge University Press.
Bayley, D. H. (1991). Forces of order: policing modern Japan. Berkeley: University of California Press.
Berger, P. (1963). Invitation to sociology: a humanistic perspective. Garden City: Anchor Books.
Best, J. (2013). Social problems (2nd ed.). New York: W.W. Norton & Company.
Bohm, R. M. (2003). The economic costs of capital punishment: past, present, and future. In J. R. Acker, R. M. Bohm, & C. S. Lanier (Eds.), America’s experiment with capital punishment: reflections on the past, present, and future of the ultimate penal sanction (2nd ed., pp. 573–594). Durham: Carolina Academic Press.
Botsman, D. V. (2005). Punishment and Power in the Making of Modern Japan. Princeton: Princeton University Press.
Braithwaite, J. (1989). Crime, shame and reintegration. New York: Cambridge University Press.
Camus, A. (1960). Reflections on the Guillotine (Resistance, rebellion, and death, pp. 175–234). New York: Modern Library.
Clarke, A. W., & Whitt, L. (2007). The bitter fruit of American justice: international and domestic resistance to the death penalty. Boston: Northeastern University Press.
Denno, D. W. (2009). For execution methods challenges, the road to abolition is paved with paradox. In C. Ogletree Jr. & A. Sarat (Eds.), The road to abolition: the future of capital punishment in the United States (pp. 183–214). New York: New York University Press.
De Zengotita, T. (2005). Mediated: how the media shapes your world and the way you live in it. New York: Bloomsbury.
Engle, E. (2012). Star-advertiser makes top-25 list for daily newspaper circulation. Honolulu Star-Advertiser, 1, B5.
Fleury-Steiner, B. (2004). Jurors’ stories of death: how America’s death penalty invests in inequality. Ann Arbor: The University of Michigan Press.
Foote, D. H. (1991). Confessions and the right to silence in Japan. Georgia Journal of International and Comparative Law, 21, 415–488.
Foote, D. H. (1992). The benevolent paternalism of Japanese criminal justice. California Law Review, 80(2), 317–390.
Freeman, L. A. (2000). Closing the shop: information cartels and Japan’s mass media. Princeton: Princeton University Press.
Fukurai, H. 2012. “Japan’s quasi-jury and grand jury systems as deliberative agents of social change: de-colonial strategies and deliberative participatory democracy. Chicago-Kent Law Review, 86(2), 789–829. http://www.cklawreview.com/wp-content/uploads/vol86no2/11%20-%20Fukurai%20_Publish_HP3.pdf.
Galliher, J. F., Koch, L. W., Keys, D. P., & Guess, T. J. (2002). America without the death penalty: states leading the way. Boston: Northeastern University Press.
Gamble, A., & Watanabe, T. (2004). A public betrayed: an inside look at Japanese media atrocities and their warnings to the west. Washington: Regnery Publishing, Inc.
Garland, D. (2010). Peculiar institution: America’s death penalty in an age of abolition. Cambridge: The Belknap Press of Harvard University Press.
Garvey, S. P. (2003). Restorative justice, punishment, and atonement. Utah Law Review, 2003(1), 303–317.
Haidt, J. (2012). The righteous mind: why good people are divided by politics and religion. New York: Pantheon Books.
Haines, H. H. (1996). Against capital punishment: the anti-death penalty movement in America, 1972–1994. New York: Oxford University Press.
Haley, J. O. (1991). Authority without power: law and the Japanese paradox. New York: Oxford University Press.
Hall, I. P. (1998). Cartels of the mind: Japan’s intellectual closed shop. New York: W. W. Norton & Company.
Hamai, K. 2012. “Capital Punishment.” Unpublished paper presented at conference on “Responses to Terrorism in Norway and Japan,” Aoyama Gakuin University, Tokyo 1.
Hamai, K., & Thomas, E. (2008). Japanese criminal justice: was reintegrative shaming a chimera?”. Punishment & Society, 10(1), 25–46.
Hammel, A. (2010). Ending the death penalty: the European experience in global perspective. New York: Palgrave Macmillan.
Haney, C. (2005). Death by design: capital punishment as a social psychological system. New York: Oxford University Press.
Horikawa, K. 2012. “Koshukei wa Zangyaku ka” (two parts). Sekai, 825, 63–72 and No.827 (February): 122–131.
Hood, R. & Hoyle, C. (2008). The death penalty: A worldwide perspective. New York: Oxford University Press.
Ikegami, A. (2008). Ikegami Akira no Shinbun Naname Yomi: Koramu ‘Soryushi’, Hihan wa Kekkyoku Jibun ni Kaette Kuru. Asahi Shimbun (Yukan be Getsuyo), 30, 4.
Johnson, D. T. 2002. The japanese way of justice: Prosecuting crime in Japan. New York: Oxford University Press.
Johnson, D. T. (2006). Where the state kills in secret: capital punishment in Japan. Punishment & Society, 8(3), 251–285.
Johnson, D.T. 2010. “Capital punishment without capital trials in Japan’s lay judge system.” Asia Pacific Journal, 8(52), 1–38. http://www.japanfocus.org/-David_T_-Johnson/3461.
Johnson, D. T. (2011). American capital punishment in comparative perspective. Law & Social Inquiry, 36(4), 1033–1061.
Johnson, D.T. 2012. “Japan’s prosecution system.” In Prosecutors and Politics: A Comparative Perspective, Volume 41 of Crime & Justice: A Review of Research, In: M. Tonry (ed), Chicago and London: The University of Chicago Press. Pp.35-74
Johnson, D. T., & Tagusari, M. (2012). Koritsu Suru Nihon no Shikei. Tokyo: Gendai Jinbunsha.
Johnson, D. T., & Zimring, F. E. (2009). The next frontier: national development, political change, and the death penalty in Asia. New York: Oxford University Press.
Kaplan, P. (2012). Murder stories: ideological narratives in capital punishment. Lanham: Lexington Books.
Kawai, M. (2009). Shushinkei no Shikaku. Tokyo: Yosensha.
Kerr, A. (2001). Dogs and demons: tales from the dark side of Japan. New York: Hill and Wang.
Levin, M., & Tice, V. 2009. “Japan’s new citizen judges: how secrecy imperils judicial reform.” Asia Pacific Journal, 19-6-09(9). http://japanfocus.org/-Virginia-Tice/3141.
Madeira, J. L. (2012). Killing McVeigh: the death penalty and the myth of closure. New York: New York University Press.
Masur, L. P. (1989). Rites of execution: capital punishment and the transformation of American culture, 1776–1865. New York: Oxford University Press.
McNeill, D. 2012a. “Stop the presses and hold the front page.” Japan Times, 8. http://www.japantimes.co.jp/text/fl20120108x1.html.
McNeill, D. 2012b. “Stories spiked despite journalism’s mission to inform.” Japan Times, 8. http://www.japantimes.co.jp/text/fl20120108x2.html.
Miyazawa, S. (2008). The Politics of increasing punitiveness and the rising populism in Japanese criminal justice policy. Punishment & Society, 10(1), 47–77.
Nagata, K. (2010). Shikei Sentaku Kijun no Kenkyu. Osaka: Kansai Daigaku Shuppanbu.
Nishikawa, K. (2009). Dare mo Kakenakatta Nihon no Tabu. Tokyo: Takarajimasha.
Peters, A. (1992). Some comparative observations on the criminal justice process in Holland and Japan. Journal of the Japan-Netherlands Institute, 4, 247–294.
Pharr, S. J., & Krauss, E. S. (Eds.). (1996). Media and politics in Japan. Honolulu: University of Hawaii Press.
Possley, M. 2013. “How two newspaper reporters helped free an innocent man.” The Atlantic. August 29. http://www.theatlantic.com/national/archive/2013/08/how-two-newspaper-reporters-helped-free-an-innocent-man/279166.
Radzik, L. (2009). Making amends: atonement in morality, law, and politics. New York: Oxford University Press.
Sarat, A. (2001). When the state kills: capital punishment and the American condition. Princeton: Princeton University Press.
Sarat, A., & Boulanger, C. (Eds.). (2005). The cultural lives of capital punishment: comparative perspectives. Stanford: Stanford University Press.
Sartre, J.-P. (1993). Essays in existentialism. New York: Citadel Press.
Sato, I. (2010). Emergence of citizen participation in Japan: background and issues. Social Science Japan, 43, 3–7.
Sato, M. (2014). Will the public tolerate abolition? The death penalty in Japan. Berlin: Springer-Verlag.
Schmidt, P. (2002). Capital punishment in Japan. Leiden: Brill.
Schreier, M. (2012). Qualitative content analysis in practice. Thousand Oaks: Sage.
Shakaibu, Y. S. (2009). Shikei. Tokyo: Chuo Koron Shinsha.
Shikei Haishi Nempo. 2008. Tokyo: Inpakuto Shuppankai
Shinmura, Izuru, editor. Kojien (6th edition). Tokyo, Japan: Iwanami Shoten.
Shinomiya, S. (2010). Defying experts’ predictions, identifying themselves as sovereign: citizens’ responses to their service as lay judges in Japan. Social Science Japan, 43, 8–13.
Tavuchis, N. (1991). Mea culpa: a sociology of apology and reconciliation. Redwood City: Stanford University Press.
Tifft, S. E., & Jones, A. S. (2000). The trust: the private and powerful family behind the New York Times. New York: Little Brown.
Tillich, P. (1963). Morality and beyond. New York: Harper & Row.
Unnever, J. (2010). Global support for the death penalty. Punishment & Society, 12(4), 463–484.
West, M. D. (2006). Secrets, sex, and spectacle: the rules of scandal in Japan and the United States. Chicago: The University of Chicago Press.
Zimring, F. E. (2003). The contradictions of American capital punishment. New York: Oxford University Press.
Author information
Authors and Affiliations
Corresponding author
Rights and permissions
About this article
Cite this article
Kita, M., Johnson, D.T. Framing Capital Punishment in Japan: Avoidance, Ambivalence, and Atonement. Asian Criminology 9, 221–240 (2014). https://doi.org/10.1007/s11417-014-9189-3
Received:
Accepted:
Published:
Issue Date:
DOI: https://doi.org/10.1007/s11417-014-9189-3