[sumo] Ex-Tokitsukaze denied bail

[Harold E. Shaver]

Hal "Chisaiyama" Shaver
極小山
-----Original Message-----
From: sumo-bounces at webtrek.com [mailto:sumo-bounces at webtrek.com] On Behalf
Of Jezz
Sent: Tuesday, March 04, 2008 3:54 AM
To: Sumo Mailing List
Subject: Re: [sumo] Ex-Tokitsukaze denied bail

On 04/03/2008, Sumocypher at aol.com <Sumocypher at aol.com> wrote:
>
> I wonder if they will ever call the dastardly deed "murder" or
> "manslaughter" instead of "fatal assault", or are the two harsher words
not  really a part
> of the Japanese language. I'm not criticizing, just  wondering.
>

I would suggest 'murder' would be the wrong term, as I believe that
(legally at least) it implies some premeditation to kill.  I would
doubt that this is the case.

'Manslaughter' and 'fatal assault' seem to me to be fairly similar in
meaning.  Perhaps (and I don't know this, so am just 'wondering') the
word being translated from Japanese could be translated as either, but
'fatal assault' could be the more 'literal' translation from the
kanji.

However, I would concede that many people who have English as their
first language would consider 'manslaughter' as being a more 'emotive'
expression than 'fatal assault'.

Just wondering... if the deceased were a woman, would 'manslaughter'
or 'fatal assault' be presumed the better choice of expression, or is
it all just semantics?

Jejima
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Between "fatal assault" and "manslaughter" there would be
in American jurisprudence at least, a difference but only
a slight one.  Another possibility in America would be
"negligent homicide".  In fact I would think of all the
Choices an American prosecutor would likely go for that
one as being the most prosecutable.  As you say "murder",
especially in the 1st degree requires pre-meditation and
even in the 2nd degree requires "assault with intent to
kill" though of a spontaneous nature.

In this case the "intent to cause bodily harm" seems as
pretty much irrefutable.

Of one thing I am reasonably certain, Japanese prosecutors'
do not file a case until they are 99% certain of conviction.
Therefore, even if slowly, justice should be served ultimately.
Of a certainty a tremendous amount of "shame" has been devolved 
upon the "Tokitsukaze Four" (or possibly more) and their careers
have all been ended such they will be starting over at the bottom
of the hill after their trials and subsequent punishment.

It is just a very sad situation and moreover though I haven't seen
any comment on any of the lists/forums I participate in, regarding
perhaps re-visiting some of the rikishi deaths of recent years to
see if perhaps there were more to them that then met the eye.