I think it mostly has something to do with the directness of democracy, not with a difference in opinion or mentality.
Democracy in the US is very local and direct, politicians can actually be punished by the voters for not being tough on crime. That’s not so easy in (for example) Germany. You vote predominantly for parties – the whole package – not politicians. Something as comparatively unimportant as criminal law is going to get swamped by all the other issues, hardly anybody will focus on the particular weak spots of one lowly member of parliament. That would be a waste of effort.
Moreover all decisions about the criminal law are made on the federal level, in commissions full of experts (a lot of academics: criminologists, psychologists …). There is no reason for politicians in those commissions not to follow their recommendations. Voters will hardly ever notice what they decide, it is going to get lost under all the other issues.
You can actually be successful as a German politician who has a image for being tough on crime on the very local level (in, say, a city state), but on that level you can do no more than strictly enforce the rules that already exist. That will hardly change incarceration rates, though.
You don’t need a culture shift, you need a different political system :)
http://en.wikipedia.org/wiki/Congressional_stagnation_in_the...
As for Germany, it seems there's a lot more political choice, even at the top levels. Due to a greater diversity of parties, which more accurately reflects people's opinions than the US's two-party system. In my view, the US isn't particularly democratic, and anyway all of these nations have top-down "democracies."
America is a huge country, it’s not exactly surprising that you get all those effects you have on the federal level. That, at least to me, seems to be somewhat softened by a particular strong brand of federalism (in the European sense, meaning strong and independent local and state governments).
These laws come from DC and the states have lost a lot of the power they had initially. The federal government had a list of powers. They call them the enumerated powers. The states had everything else.
And the citizens could leave a state if they didn't like it. A lot easier to do than leaving the country.
Which is why local laws are not really that oppressive, even if they are. But federal law is all encompassing and difficult for you to influence. They can pretty much ignore the individual and usually do, except when they need something to grandstand about.
For a Japanese person, the conviction of a crime (and the shame it brings) is much worse than the jail sentence. If you are convicted of a crime, your family usually breaks off all ties with you.
Other countries (such as Singapore or China) has laws that are more harsh - which ensures that people do not break it (e.g. execution for drug offenses instead of imprisonment). If a person receives corporal punishment for vandalism, he will quickly stop without progressing towards further crimes (or run back to the USA with his tail between his legs).
The prison population might still be higher without those laws because of a difference in crime rate – but not quite as high.
The countries just aren't comparable.
http://en.wikipedia.org/wiki/Yakuza
It seems to me the harsh punishment of crimes like vandalism is not so much lawfulness as it is about Asian values of group solidarity. When it comes to organized crime, or crime by officials, there's scarcely any need to hide it, since the population is so used to ignoring the misdeeds of the well-connected.
I agree with part of what you said: dishonor is the real punishment. But that's exactly why past a certain point, "getting tough" doesn't work. In the USA, it's so out of proportion now, that in many poor or ethnic minority communities in the USA, the police are perceived as oppressors, not guardians of law and order. And there's no big dishonor in going to jail for a time.
Violent crime in Japan is ridiculously low.
> http://en.wikipedia.org/wiki/Yakuza
You know that a large percentage of the Yakuza are Korean? In any case, every country has organized crime - yet the Yakuza isn't that violent.
Japan isn't that violent - when you compare things such as murder statistics. I know, I lived in the most violent country and in Japan. Japan is a joke.
> But that's exactly why past a certain point, "getting tough" doesn't work.
The USA never had any really tough laws. I bet that if the USA starts executing major drug dealers (like Singapore), drugs would be a much smaller problem.
> In the USA, it's so out of proportion now, that in many poor or ethnic minority communities in the USA, the police are perceived as oppressors, not guardians of law and order.
The problem in the USA is that it only gets tough when it is too late (e.g. after the 3rd major offense). It should be tough on the first offense (however minor). It is much more difficult to change an established behaviour than a new behaviour - every animal trainer knows this (and it is the same with people).
In any case, the problem with certain ethnic communities is that they value crime (e.g. showing how tough you are) and idolize criminals. That is not the problem of the police - but of the communities. Idolize criminals, dress like criminals and act like criminals and you may be treated as one.
I bet that this idolization of organised crime would disappear if there were chain gangs of criminal members of the community cleaning parks, schools and toilets.
Instead criminals sit in prison doing nothing and each prison becomes a Crime University.
A culture shift is also needed. In most of Europe, being tough on crime is not a requirement for being elected.
Furthermore, judiciary usually isn't elected, which avoids judges themselves having to become tough on crime for their next mandate (though they're not immune to hierarchical pressures of course).
Generally speaking, "troublemakers" will go to a mental hospital before going to jail. That's probably why suicides are so high in Japan as well: the mental health system is so overloaded they can't appropriately deal with real problems.
Oh no, there's no crime in Japan.
However, if a law is passed at the federal level, you're pretty much stuck with it. With local (or hyper-local like HOAs) you can vote with your feet by moving.
My social circle is mostly educated, upper-middle class white males. Most still see police as oppressors, many have had negative experiences with police abusing power & harassing them.