SOFA: US troops on Official Duty off base to be tried in Japanese Courts if arrested
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  1. #1

    Exclamation SOFA: US troops on Official Duty off base to be tried in Japanese Courts if arrested

    Be aware Marines, especially those in Japan or heading to Japan

    Jurisdiction of SOFA criminal cases in Japan now clarified

    3/16/2012
    By Sgt. Rebekka S. Heite

    CAMP FOSTER, OKINAWA, Japan
    The governments of the United States and Japan reached a new agreement regarding criminal jurisdiction in cases involving status of forces agreement members Nov. 23.

    Previously, SOFA members who were arrested off-base while in an official-duty status could not be tried by the Japanese authorities because jurisdiction remained with the U.S. military.

    In a criminal case involving a SOFA member, it is important to determine whether that individual was in an official-duty status.*

    Under the SOFA, a person is in official-duty status when they are doing something on behalf of the U.S. government, such as commuting between home and a work function.

    The Determination of the Scope of Official Duty memorandum, which resulted from the Nov. 23 meeting, has changed this for two types of cases: the first is when a SOFA member is driving under the influence of alcohol and the second is when a SOFA member is in an official-duty status, but U.S. authorities are unable to prosecute the case.

    For the first type of case, according to the DSOD memorandum, whenever alcohol is consumed, whether during an official function or not, the SOFA members' official-duty status is removed, and the Japanese government has primary jurisdiction to try the case. This means that in any case where an individual is caught drinking and driving off-base, that person will be tried in a Japanese court even if the drinking took place at an official function, such as a work dinner or mess night.

    For the second type of case, the new changes are aimed at civilian SOFA members who are alleged to have committed crimes in Japan.

    Unlike military members, civilians cannot be tried in a military court because they are not subject to the Uniform Code of Military Justice, said Capt. Jonathan P. Stevens, trial counsel with Combat Logistics Regiment 37, 3rd Marine Logistics Group, III Marine Expeditionary Force.

    As a result, civilians must be tried in a civilian court. However, there are no U.S. civilian courts in Japan. Therefore, when civilians were in an official-duty status, U.S. authorities had jurisdiction to try the case, but had a very difficult time pursuing a prosecution.

    In roughly nine out of 10 cases involving civilian SOFA members who break Japanese law, this issue never comes up because the Japanese government has jurisdiction outright, said Stevens. However, in that tenth case, there was a possibility that the case would never get heard because no one had the ability to try the case.

    There have been previous attempts to address this issue by sending people back to the States to try the case there.

    Under the Military Extraterritorial Jurisdiction Act, SOFA civilians who commit certain crimes overseas can be extradited to the states to be tried in their local U.S. district court.

    The problem with that is it is hard to work, said Stevens. All the witnesses and evidence are here, and you have to try to move it all to the states. Sometimes we're unable to do that. *

    Additionally, a MEJA prosecution is reserved for serious felonies, said Stevens.

    The Jurisdiction over Members of the Civilian Component memorandum, which also resulted from the Nov. 23 meeting, was accepted to try to address this situation, said Stevens.

    With the JMCC memorandum, the Japanese government now can request to try cases not prosecuted by the U.S. government.

    The U.S. government still gets the 'first bite of the apple' when the civilian is in official-duty status according to the SOFA, said Stevens.

    In other words, the U.S. Authorities are still going to use every means available to make sure that these cases are tried in U.S. courts, he explained. The changes only apply in the narrow set of cases where there is no way to try the case in a U.S. court.

    Under the new changes, in cases where the alleged offense caused death, a life-threatening injury or permanent disability, and no criminal prosecution was conducted by the U.S. Authorities, the government of Japan may request to prosecute the case themselves, according to the memorandum.

    In lesser cases, the government of Japan may request secondary jurisdiction, but the U.S. is more likely to keep jurisdiction and try the case in U.S. courts, said Stevens.

    U.S. and Japanese courts are very similar, with a lot of the same protections for defendants as far as rights to counsel and rights to appeal, said Stevens. So, no matter which court a person ends up in, he is going to get a fair trial.

    If jurisdiction is given to the Japanese court that does not necessarily mean that the person is guilty, said Stevens. It only means that the court will have a chance to look at the case and decide what happened.

    The only thing the jurisdiction changes did was give the Japanese an opportunity to try cases that would not otherwise be heard, he said.

    http://www.marines.mil/Pages/NewsSto...isdiction.aspx


  2. #2
    In a Japanese court is a person presumed inocent, or guilty?


  3. #3
    There is no such thing as trial by jury in Japan.

    Juries do not exist in the Japanese legal system. You get tried before a panel of three judges.

    Also I have heard that Japanese prisons are some of the most notorious in the world. They are run like sweat shops as far prison labor. They also employ a lot of psychological torture in Japanese prisons like sleep deprivation and other things from what I've read.

    Also if someone is sentenced to death in Japan, they never know their execution date until an hour before they are taken to the gallows and the condemned inmate's family or the public is not informed of the inmate's death until after the execution actually takes place.

    Oh ya, considering it is one of the richest, most industrialized, and technollogically advanced nations on the face of the Earth, Japan's justice system seems real "fair" to me. Not.

    o_O


  4. #4
    There are no juries in the Japanese legal system. Your jury is the panel of 3 Judges who are judging you for whatever charges you stand before them for. If you are found guilty, all judgements and sentences are pronounced in the name of His Majesty the Emperor.


  5. #5
    Phantom Blooper
    Guest Free Member
    Sounds like the US could inact some of this....and get rid of a bunch of the vermin swiftly in our legal system.


  6. #6
    The average life span of an American in Japanese prison is roughly 6 years. Also, if your sentenced to let's say 10 years and you appeal your case, and the judge says you are now sentenced to 6 years, they didn't take 4 years off your original sentence, they added the 6 years to your 10 year sentence for wasting the courts time. When I was there in the 80's, they had a very high conviction rate above about 95%.


  7. #7
    SOFA is in place for a reason. It keeps service members out of trouble and insures that our relationship with the host nation is not damaged. As Marines, we must respect the laws of our host country when we are abroad. We conduct ourselves with both the highest professionalism and the highest standard of moral character possible, both at home in the US and abroad. We are guests in Japan and must respect our host country.

    If Marines and other US Service members follow the law, and stay out of trouble, then there won't be any run-ins with the Japanese legal system now will there?


  8. #8
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    Quote Originally Posted by Burke7051 View Post
    SOFA is in place for a reason. It keeps service members out of trouble and insures that our relationship with the host nation is not damaged. As Marines, we must respect the laws of our host country when we are abroad. We conduct ourselves with both the highest professionalism and the highest standard of moral character possible, both at home in the US and abroad. We are guests in Japan and must respect our host country.

    If Marines and other US Service members follow the law, and stay out of trouble, then there won't be any run-ins with the Japanese legal system now will there?
    Well said .

    Semper Fi,
    Rocky



  9. #9
    Marine Free Member GySgtRet's Avatar
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    SOFA Okinawa

    Ok Marines. I think we really know the answer to this and some of you have answered really nice here. But lets clear things up here right now. If you are a ugly American and we have quite a few ABROAD we as Americans deserve what we get. You represent yourself and the entire nation of the United States of America. When I was stationed on Okinwawa April 76 -April 77 I had a member of my platoon that did not make musters. So I went to the SgtMaj. I was aboard MCAS Futenma. The SgtMaj told me that I could meet this Marine but I would have to go to Naha prison. I did and let me tell you Marines you would not of wanted to be there. He was accused and convicted of drug trafficing in 1972 he had been there for going on 4 years. Year after year Marines and Sailors have made a very bad impression of the United States. Ask the parents of the 12 year old school girls that have been raped and attacked by US Marines and US Sailors.

    I am not a politically correct Marine I could careless about you politics but when you want to be a individual and just do what the hell you want to then you are not needed to represent me as a US Marine or as a US citizen.

    Semper Fi
    Gunny out




  10. #10
    Quote Originally Posted by GySgtRet View Post
    Ok Marines. I think we really know the answer to this and some of you have answered really nice here. But lets clear things up here right now. If you are a ugly American and we have quite a few ABROAD we as Americans deserve what we get. You represent yourself and the entire nation of the United States of America. When I was stationed on Okinwawa April 76 -April 77 I had a member of my platoon that did not make musters. So I went to the SgtMaj. I was aboard MCAS Futenma. The SgtMaj told me that I could meet this Marine but I would have to go to Naha prison. I did and let me tell you Marines you would not of wanted to be there. He was accused and convicted of drug trafficing in 1972 he had been there for going on 4 years. Year after year Marines and Sailors have made a very bad impression of the United States. Ask the parents of the 12 year old school girls that have been raped and attacked by US Marines and US Sailors.

    I am not a politically correct Marine I could careless about you politics but when you want to be a individual and just do what the hell you want to then you are not needed to represent me as a US Marine or as a US citizen.

    Semper Fi
    Gunny out

    Very well said Gunny


  11. #11
    In Japan there is no presumption of innocence, but there is a presumption of guilt. You have the burden of proof.

    If convicted, all of what has been said is true + fish head soup!


  12. #12
    Quote Originally Posted by MOS4429 View Post
    In Japan there is no presumption of innocence, but there is a presumption of guilt. You have the burden of proof.

    If convicted, all of what has been said is true + fish head soup!



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