Punishing the Drunk
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This chapter explores the Japanese criminal sentencing system both in general and in the context of crimes committed while intoxicated. Sentencing in Japan is based on a “market price” system in which courts usually pronounce sentences that are slightly lower than those requested by prosecutors. In most criminal cases, courts then construct a narrative to explain the sentence. The narrative often takes into account factors like remorse, apology, settlement with the victim, and impact on society. In criminal cases involving intoxicated defendants, courts additionally rely on two specific factors: oaths to stop drinking and the support of others, particularly family members.