"An Inquiry about the Position of "Executioner" in the Debate on the Continuation or Abolition of the Death Penalty: The Appearance and Disappearance of the Description of Execution in Japanese Official Documents"
SAKURAI Satoshi
last update: 20151225
An Inquiry about the Position of "Executioner" in the Debate on the
Continuation or Abolition of the Death Penalty: The Appearance
and Disappearance of the Description of Execution in Japanese
Official Documents
SAKURAI Satoshi
Abstract:
In this article, using Japanese official documents, I describe prison rules in the penal code of the Meiji Era
and the conditions under which executions have been carried out in prisons until the present. In doing so, I
argue why it is necessary to insert this issue into the debate on the continuation or abolition of the death
penalty.
The occupation of executioner does not exist in Japan. At the time of an execution, prison staff members
perform the function of an executioner but do not carry the title. Therefore, as legal documents do not define
such a duty, the duty does not exist in Japan. Nevertheless, execution by prison staffs continues even today,
and it is widely considered as their duty.
In addition, the history of executions has been one of the reduction of the suffering of those concerned,
including those who perform executions. This means, therefore, that a person who performs an execution may
in some ways be harmed by the act.
Taking these facts into account, this paper argues that it is unjust that the problem of the executioner is not
discussed in the debate on the continuation or abolition of the death penalty.
Keywords: death penalty, executioner, penal code, prison, prison staff
REV: 20151225