Governmental Justification for Capital Punishment and the De Facto Moratorium Periods Reconsidered

Abstract

The author investigates the validity of two main domestic factors—public opinion and culture—that the Japanese government cites to justify capital punishment. The chapter re-examines how public opinion is shaped and how it is used to add legitimacy to the capital punishment system. Re-investigation of whether or not capital punishment can be justified on cultural grounds follows. After a review of existing hypotheses about Japan’s retention of capital punishment, the existing debate on the de facto moratorium periods is summarised and the implications of these periods on Japan’s death penalty policy are identified.