Photo/Illutration Mika Nishiyama wipes away tears after being acquitted of a murder charge, which she had already served 12 years in prison for, in Otsu on March 31. (Asahi Shimbun file photo)

Pedestrians, especially children, who are constantly at risk of traffic accidents, are the focus of "Jidosha no Shakaiteki Hiyo" (The social cost of automobiles), a 1974 work by economist Hirofumi Uzawa (1928-2014).

The book opens with the author's account of an accident that killed an elementary school pupil in his neighborhood.

For the first few days after the tragedy, people marked the accident site with offerings of flowers. But later, it was almost as if the accident had never occurred.

"Cars with blaring horns were practically scattering pedestrians away," Uzawa wrote, describing the scene.

Taking issue with that reality, Uzawa asked, "Can we still call Japan a civilized nation?"

The question struck a strong chord with the public, and the expression "kotsu jakusha" came into broad use, which implies the vulnerability of certain groups of people to traffic hazards.

Attaching the suffix "jakusha" (literally, "the vulnerable") to various adversities, such as "saigai" (natural disasters), sometimes helps us see problems in a clearer light.

Attorney Kenichi Ido in The Asahi Shimbun's Op-Ed section on April 1 used the expression "kyojutsu jakusha" to refer to individuals with intellectual or developmental disabilities who are prone to fall for "leading questions" asked by criminal investigators.

Ido was the defense counsel for Mika Nishiyama, a former assistant nurse, who was acquitted of murder on March 31 at her retrial.

Nishiyama has a developmental disorder as well as a mild intellectual disability.

The male police detective who interrogated Nishiyama and elicited her "confession" took advantage of her romantic feelings for him, according to the court ruling.

Because of this gross miscarriage of justice, Nishiyama spent 12 long years in prison.

"All individuals involved in the criminal justice system must own this case, and firmly commit themselves to the betterment of the system," said Presiding Judge Naoki Onishi after reading the verdict to acquit Nishiyama.

Onishi sternly warned against the over-reliance on confessions, an egregious custom in Japan, which has victimized helpless defendants for decades. The custom has just got to stop.

Is Japan's judicial system fit for a truly civilized nation?

Nishiyama's long-overdue acquittal raises this sobering question.

--The Asahi Shimbun, April 3

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Vox Populi, Vox Dei is a popular daily column that takes up a wide range of topics, including culture, arts and social trends and developments. Written by veteran Asahi Shimbun writers, the column provides useful perspectives on and insights into contemporary Japan and its culture.

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