A gentleman tells us that he is puzzled by the term suspended sentence, often seen in newspapers. He encloses a copy of a headline: "Accountant gets 28 months suspended sentence for poisoning." The accused had put poison in the water for making tea. Nine of his coworkers became ill, and while no one died, several were hospitalized. The sentence was suspended for five years. He asks: Does this mean punishment is postponed for five years until he gets his affairs in order? Or that he can choose a time within the five years that will be convenient? Or that "he is scot-free if he'll just keep his head down?" He also wonders if ordinary people are as likely to receive such sentences as prominent people.

Generally, suspended sentences are given when the person has no past criminal history in his/her record -- if he has a good standing in the community, if he has contributed to society, if the action is inconsistent with previous behavior, or if he simply led a quiet life, paying his bills and causing no trouble. The effects of a sentence may be a consideration as well -- if there are small children, if there would be a detrimental effect on the family. You don't read about ordinary people because they are not high profile, they are not news, yet their sentences, too, are often suspended. However, even with all this, if the crime was of such magnitude that it had an impact on society, or if sentencing could serve as a deterrent to others who might consider similar actions, the sentence may well be imposed.

In Japan, perhaps far more than in the West, being accused of some criminal act has extensive repercussions. A person's standing in the community will be diminished, his reputation may be destroyed, by being arrested. We may watch the suspect on TV when he is picked up by the police but we will not see his face. Invariably he will pull his coat over his head to shield his identity. A lot of old values continue in the feeling that a man's crime does not only reflect on him, but also on his family and even his community, and sometimes on the entire nation. His shame is shared by everyone. It is a terrible weight to bear. Many of you may have made some inconsequential complaint about living here to a Japanese friend, who will then apologize profusely as if the responsibility is his. Under the shared responsibility concept, it is.

Consequently, an accusation carries more weight. This is apparent in the way newspapers report the crime. Regardless of the reputation a man previously had, gradually the degree of respect diminishes as the case progresses. Polite terminology disappears. A respected man becomes a criminal even when he has not yet been tried for his offense. When he is eventually given a suspended sentence, the feeling is that he has already been punished. He has become a social outcast. There is no harsher penalty to inflict.

Even with a suspended sentence, there will be probation terms that must be fulfilled. If he does not meet them, the sentence may be imposed. He will likely be required to pay a fine. If the case is appealed, a sentence cannot be carried out as long as the appeal is being considered. He is free during this time and there can be no conviction until the appeal is settled.

Other considerations influence cases involving politicians. In many countries, a felon cannot hold political office. Here some who have been convicted of crimes have been re-elected, quite likely a demonstration of the effectiveness of a consistent record of extending favors/services to constituents. Elsewhere, he could not even run. However, if the felony relates to election procedures, the person may be barred from office for a certain period of time. If it is murder, or robbery, or molestation, the person is not barred from seeking office once the sentence is served or during the appeal procedure.

It should be noted that suspended sentences are given only in criminal cases. A judgment that is made in a case between two individuals to determine wrongful behavior is never suspended.

Finally, a judge is not omnipotent. There are statistics showing what sentences have been imposed in similar cases, establishing an average that the judge is not likely to go beyond.