juvenile justice system in japan

Family Courts exist in 50 locations nationwide. 388-411. ), 法務省法務総合研究所編『平成25年版犯罪白書』(2013). Appendix (Table), Number of juveniles conclusively disposed in family courts for juvenile protection cases by type of delinquency and type of disposition. As Figure 4 shows, the structure and processes of Japanese juveniles justice is complex, and revolves around the Family Court. Sources: National Police Agency, White Paper on Police, 2014 [available in Japanese only] Ministry of Justice, White Paper on Crime, 2014 [available in Japanese only]. 168 of July 15, 1948, introduced as the Juvenile Law of 1949; Yoshinaka, 2010, p. 27). By identifying the boundaries, one can attempt to explain how the net-widening of the juvenile justice system has occurred in Japan. The 2012 White Paper on Children and Young People, under the Promotion of Development and Support for Children and Young People Act (2009) balances consideration of ‘safety and problematic behavior’ as the third key element in a more holistic approach to social policy for young people which also includes the ‘rearing environment’ and ‘social life’. Ellis, T., Lewis, C., and Sato M. (2011). The question that is perhaps more pertinent, therefore, is what happens to those youths who are referred to, or are stopped by police, in this pervasive system? Vito, G. F., and Kunselman, J. C. (2011). Empirically, the Child Welfare Act4 prevails, despite the 2007 revisions for serious cases. Overall, our findings suggest that, empricially, Japanese juvenile justice gives clear precedence of social welfare over criminal policy considerations. Crime, Shame, and Reintegration. In Juvenile Justice in Global Perspective, edited by F. E. Zimring, M. Langer, and D. S. Tanenhaus (pp. Waseda Bulletin of Comparative Law 29: 1–6. The central social work component of parens patriae was gradually incorporated (Hirose et al. Probation, is an ostensibly more recognizable justice disposal and accounts for 41% of Family court hearing disposals. Importantly, recorded pre-delinquency should not result in a police or criminal record (Nawa, 2006). It is worth noting that the number of homicides by juveniles in Japan has also plummeted and is historically low, with only around 5 percent of all homicides now committed by those under 20, with older age groups now increasingly responsible (Ellis and Hamai, 2017). (2002). July 1999. edited by F. Lösel, A. As in other countries, educative and treatment approaches have existed alongside approaches that emphasize punishment and deterrence. For juveniles over 14 where the maximum sanction for the offence is a fine, the police can refer them directly to the Family Court, but most cases (105,000 in 2013 – see Figure 4) have to be referred initially to the (adult justice system) Public Prosecutors Office. In Japan, where the juvenile justice system has been characterized as incorporating Franco-Germano-American ingredients (Kitamura, 1993), juvenile crime is substantially less than in the United States. ), 法務省法務総合研究所編『平成24年版犯罪白書』(2012). Japan beauty firm under fire over CEO comments on Koreans. 0000003076 00000 n In M. Tonry (Ed. However, others have argued that this uniqueness, and, in particular, the role of Japanese culture, are overstated (Ellis, Lewis, and Sato, 2011; Yoder, 2011; Leonardsen, 2010; Ellis, Lewis, Hamai, and Williamson, 2008; Hamai and Ellis, 2008a) Indeed, Sugimoto (2003, p. 2), argues that Japanese citizens are only unusual in believing that their nation is so unique. ), 法務省法務総合研究所編『平成23年版犯罪白書』(2011). The Shonen-Ho is the primary of the two. Also, in japan a juvenile is some one who is 14 to 19 years old. 31. Importantly, while youth justice disposals halved from 231,973 in 2004 to 104,892 in 2013, the proportion referred to the Public Prosecutors has remained remarkably stable at 4-5% (see Ministry of Justice, White Paper on Crime, 2005–2014). 0000005134 00000 n It has broken from Chinese law and seeks new models from the West. 0000008763 00000 n (2014b). First, the institutions—police, government prosecutors' offices, courts, and correctional organs—maintain close and cooperative relations with each other, consulting frequently on how best to accomplish the shared goals of limiting and controlling crime. We end with an evaluation of the main conceptual strands developed throughout the article, including the balance of: welfare; justice; penal populism; and policy and practice. He can be reached on akira.kyo@kwansei.ac.jp. Japan Times. Bristol: Policy Press. In order to realize the principles of the sound rearing of juveniles, articulated in Article 1 of the Juvenile Act, Japan has applied a system where every juvenile case is referred to a family court after an investigation has been conducted by the police or prosecutors. ‘The Kid Is a Criminal’ v. ‘The Criminal Is a Kid’: Cultural Impacts on Juvenile Justice in the United States and Japan. Of the remaining 50,561 cases that proceeded to a hearing (whether through protective detention or not), 21,349 (42 percent ) were deemed to require no further action, leaving 29,051cases to receive Family Court protective measures (see Figure 5). They typically involve a single Family Court judge, although three judges can be involved in more demanding cases (Hirose et al., 2009, p. 74). 0000005936 00000 n 0000004577 00000 n Dünkel, F. (2015). White Paper on Crime, Appendix (Table) 3-7. 0000004041 00000 n Taking a cross-national, collaborative approach, this chapter therefore draws together many disparate strands of information in order to provide a coherent overview of Japanese juvenile justice.2. However, Johnson (2006, p. 80) argues that Japanese juveniles should in fact be celebrated for their low level of offending (see also Schwertfeger and Zimring, 2013; Hamai and Ellis, 2008a, b; Maeda, 2003). Keywords: Japan; juvenile justice; youth justice; welfare; pre-delinquency; police guidance; youth crime; sentencing; penal populism, “Despite a plethora of discourses on youth justice1 among legal practitioners and academics in Japan, very few attempts have been made thus far at giving observers in other jurisdictions a better understanding of Japan’s system” (Yoshinaka, 2010, p. 27) . The Government of Canada assumes no responsibility or liability of any kind and shall not be liable for any damages in connection to the information provided. He can be reached on tom.ellis@port.ac.uk, Akira Kyo is professor of Criminal Justice at Kwansei Gakuin University, Nishinomiya, Japan. 内閣府『平成24年版子ども・若者白書』(2012). It is now important to look at trends in the much smaller number of recorded juvenile crimes, how these are processed, and the disposals made. ^P�G����_ Tokyo: Yuhikaku). Ironically, they argue that while official Japanese juvenile justice policy has become more overtly punitive, in practice it continues to focus on the original US emphasis on rehabilitation and reintegration even as the United States has developed a stronger restorative juvenile justice policy discourse, yet remains punitive in practice. trailer << /Size 100 /Info 66 0 R /Encrypt 72 0 R /Root 71 0 R /Prev 701672 /ID[<7efd2cf52e1824ad63e36981b468cd1e>] >> startxref 0 %%EOF 71 0 obj << /Type /Catalog /Pages 65 0 R /AcroForm 73 0 R /Metadata 67 0 R >> endobj 72 0 obj << /Filter /Standard /R 3 /O (���]`^$ l����3\(E�K9�\(je�z��� w) /U (�����\\��]�K]v� ) /P -1340 /V 2 /Length 128 >> endobj 73 0 obj << /Fields [ ] /DR << /Font << /ZaDb 51 0 R /Helv 52 0 R >> /Encoding << /PDFDocEncoding 53 0 R >> >> /DA (�P�^����fhsiM�) >> endobj 98 0 obj << /S 85 /T 157 /V 199 /Filter /FlateDecode /Length 99 0 R >> stream Indeed, Honjo (2014) has highlighted the increasing public willingness to sentence juvenile offenders with harsher punishments, including the death penalty. Hamai, K., and T. Ellis (2006). The complexity deepens with the inclusion of kanisochi or formal summary juvenile cases6 (usually directly referred by the police to the Family Court, 22,565 in 2013). “The Vanishing Killer: Japan’s Postwar Homicide Decline.” Social Science Japan Journal 9(1): 73–90. First Workshop on Contemporary Aspects of Youth Criminality (Summary).” Fukuoka, Seinangakuin University April 18–19, 2009. Less than 1% of Family court disposals are mandated social welfare based provisions for juveniles younger than 18 and are managed by qualified social workers through the Ministry of Health, Labor, and Welfare. (Cabinet Office. Our research suggests that this helps maintain a more explicitly welfarist model than that of most other advanced democracies (eg, USA and UK). The Family Court must then assess all cases involving a serious offence committed by a juvenile aged 16 or older, including those punishable by custody or the death penalty. Juveniles themselves, or their parents/guardians, can assign an attendant, most often a lawyer, at the hearing. 0000008249 00000 n Also, they have three different behaviors for juveniles. We then provide an overview of the key characteristics of the decline in Japanese youth crime. The penal institutions in Japan have different sections. Homicide in Japan. Of these, 2,590 were sent for trial and sentencing in the adult courts. Hesei 21 ban Hanzai Hakusho (Heisei 21, White Papers on Crime) Tokyo: zaimusho insatsu hakko. Ellis, T., Lewis, C., Hamai, K., and Williamson T. (2008). Rules of Police Activity against Juveniles. The number of minors serving time in correctional facilities nationwide has been dropping since 2000 and, according to a recent Justice Ministry white paper on … Juvenile Justice Today. In practice, this requires balancing welfare and justice considerations. On the one hand, the tendency toward a welfare model that involves non-criminal justice agencies means that there is a level of net-widening that draws in pre-delinquents who technically would not be offenders in many jurisdictions. 0000002712 00000 n The juvenile classification home holds the juvenile delinquents for a period not exceeding eight weeks. We have received $8,500 toward our $12,000 goal. Diet Enacts Law Lowering Voting Age to 18 from 20. There is also no evidence of potential displacement of homicides, either behaviorally or as a recording artefact, into other serious offending (i.e., robberies resulting in death) (Ellis and Hamai, 2017). Deviance and Inequality in Japan: Japanese Youth and Foreign Migrants. In Handbook on Homicide, edited by F. Brookman, E. R. Maguire and M. Maguire. Whilst there is increasingly punitive rhetoric, policy and legislation for juveniles in Japan, it is not based on any empirical evidence of increased criminal activity, indeed, the record shows a dramatic reduction in youth crime. 資料3-7 家庭裁判所終局処理人員(ぐ犯の態様別) (Ministry of Justice. He is an editor of the journal Crime Prevention and Community Safety and of the Internet Journal of Criminology. (Ministry of Justice, (2011). Figure 2 also outlines the outcomes of the 343 guhan shonen pre-delinquency cases dealt with by the Family Court in 2013, showing that 25% of them did not require a hearing or a justice disposal. Yoshinaka, N. (2010). Certainly, Japan may lose its hitherto relatively unique inclusion of young adults within the scope of juvenile justice, just as Europe, and especially Germany, is moving in the opposite direction (Dünkel, 2015). Offending juveniles under 14 years of age. “Japanese Criminal Justice: Was Re-integrative Shaming a Chimera?” Punishment and Society 10: 25–46. Central to reintegrative shaming at the initial contact point of the criminal justice … Figure 3: Number of juveniles cleared for penal code offences (non-traffic) 2000-20122, The Administration of Juvenile Justice in Japan: A Complex Set of Processes. “The Japanese Probation Service: A Third Sector Template?” Probation Journal 58(4): 333–344. The upshot of this arcane procedure is that once aware of it, it allows the reader to calculate just how many of these cases there are, which is how we derived our figure of 22,565. In 2013, 161 (39%) of the referrals from social welfare agencies were referred back to them (see Ministry of Justice, 2014b). 第3編第2章第1節2「家庭裁判所における手続の流れ」 (Ministry of Justice. Thus, despite the possibility of labelling children under 14 as offenders, the empirical evidence confirms the precedence of the Child Welfare Act over the Juvenile Act ensures a broader governmental approach. 0000002187 00000 n This article is based on an open access chapter by the same authors: Ellis, T. & Kyo, A. Overall, then it is possible for juveniles to be tried and sentenced in the adult system, but only after a complex welfare-based assessment by the Family Court and the vast majority of juvenile offenders are dealt with by the Family Court (Hirose, 2009; Kawaide, 2015). Even then, a justice outcome is still not a certainty. 0000005634 00000 n 0000005113 00000 n Enigma Variations: Reassessing the Koban. 0000039275 00000 n As in many juvenile justice jurisdictions, Family Court hearings are closed to the public. Often referred to as “Family Court research law clerk” in official Japanese documents in English. In addition, Yoder (2011)lists many complementary organizations that have some level of involvement in managing juvenile delinquency, including: the probation service; local youth development assemblies; the Scouts; and Parent Teacher Associations. While Schwertfeger and Zimring (2013, pp. It is centered around the Family Court. ������E�>����N����|;�4P%ؔ2B��\n�.�iS�wiU@A�^; ����)z�:@���v In short, there is relatively light use of incarceration for juvenile offenders in Japan. (eds.) 51–68]). Ours is a reader-supported journal. This is generally because the published column totals are often higher than the sum of the individual subtotals in those columns. The more serious guhan shonen cases are referred directly to the Family Court, but their number is tiny, just 343 in 2013. Under Article 3 of the Juvenile Act of 1948, 3 categories of juveniles are dealt with by the Family Court, only one of which would technically qualify as offenders in the adult penal code, echoing Yoder’s concern around net-widening and social control. 法務省法務総合研究所編『犯罪白書』平成17年~26年版の資料「少年保護事件 家庭裁判所終局処理人員」による. (2003). 109–125). “The Myth of Japanese Uniqueness Revisited.” Nissan Occasional Paper Series, No. In Japan’s Juvenile Justice system, they are mainly focused on rehabilitation of their juveniles. These differences raise an empirical question about where the line lies in Japanese juvenile justice, but before tackling this, it is important to provide an overview of the juvenile justice process. Methods: This article reviews available statistics and relevant literature and summarizes the current trends and characteristics of juvenile delinquency in Japan. Information on this webpage is provided as a public service by the Government of Canada. 0000001607 00000 n pp. ),Oxford handbook of crime and criminal justice online Oxford University Press. White Paper on Crime, compiled from each year. In Yoder’s (2011 pp. Bottoms, and D. Farrington (pp. One place this is clarified is in Appendix 3-10 “Number of juveniles conclusively disposed in family courts for juvenile protection cases by type of delinquency and type of disposition (2013)” of the White Paper on Crime (2014). If their advice is ignored, they can report this to police. The reason for this is difficult to find, but is due to the kanisochi figures. 1.Courts. 9–62). White Paper on Crime, Part 1, Chapter 1, Section 2/2, Figure 1-1-2-3), 法務省法務総合研究所編『平成26年版犯罪白書』(2014a). Prison personnel are trained at an institute in Tokyo and in branch training institutes in each of the eight regional correctional headquarters under the Correctional Bureau. It would seem, then, that while some juveniles are caught in this net, the mesh is extremely wide. The relative distribution of the disposals has also changed very little over time (see Ministry of Justice, White Paper on Crime, 2005–2014). (Ministry of Justice, (2013). (�'h�z������*ӑ����7FM\�Y��ӹe�a� �D�©����>��۠:�. 0000004062 00000 n We have attempted to balance these two polarized methodological and epistemological approaches to provide a more realistic understanding of Japanese juvenile juctice. In the guise of “protecting ‘at risk’ children and preventing future criminal offenses” status offences were created for a range of relatively trivial offences applicable only to juveniles (eg: truancy or running away from home). It seems that the delinquency net is cast very wide, and Yoder presents this as evidence of targeting working class youth. View Juvenile Justice System in Japan.edited.docx from BUSINESS A DIN 305 at University of Nairobi. The reason is that the criminal justice agencies, (i.e. Most criminal cases (as opposed to pre-delinquency and/or kanisochi summary cases) must initially be referred to the (adult) Public Prosecutor’s Office, which is the most powerful agency in the justice process (see Hamai and Ellis, 2006, 2008a, 2008b), but they are mostly referred on to the Family Court to process. “Juvenile Justice and Crime Policy in Europe”. 0000002691 00000 n A number of societal factors contribute to the development of delinquent behavior in children. (1989). Next, we discuss the contested area of pre-delinquency, including a consideration of net widening, police and social agencies’ relative involvement , and the outcomes for those given police guidance. The third cateogory are the pre-delinquents covered above (under the Juvenile Act of 1948, paragraph 1, Article 3). Instead, he focuses on a history of repression of working-class youth by the Japanese state and locates the introduction of the modern Japanese juvenile justice system, from 1900, as part of this process during a period of rapid urbanization and growth in poverty-related crimes (Yoder, 2011, p. 41). Here is that all 1,361,769 pre-delinquency cases through the Family Court research law clerk ” in official Japanese documents English. 2014 ) figures throughout to maintain consistency Occasional Paper Series, no juveniles under 16 have entered the prison since... Is more apparent in Japan has reached a new stage since the latter half of the use incarceration... The Delinquency net is cast very wide, and revolves around the Family Court, High,. Seem to represent a High level of justice net–widening for young people 2017 ) ”... Paragraph 1, article 3 ). ” Fukuoka, Seinangakuin University April 18–19, 2009,,... 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Be reached on tom.ellis @ port.ac.uk, Akira Kyo is professor of criminal justice,... Reached a new stage since the latter half of the key characteristics of juvenile Delinquency in.. Reviews available statistics and relevant literature and summarizes the current trends and characteristics of the.... Conduct joint patrols to “ catch young people is whether these are used to criminalize young! Japan juvenile Delinquency in Japan: Japanese youth and Foreign Migrants are also found very on!, UK is worth noting that parens patriae was successfully challenged in 1967 the! Figure 4: the Supreme Court, High Courts, District Courts, District Courts, Family Courts by of... Probation and parolesystems relatively stable because juvenile justice jurisdictions, Family Court, 20131, white Papers Crime! And street children, runaway and street children, runaway and street children and. Chinese law and seeks new models from the justice system from the West is., Illinois established the United States ’ first juvenile Court their number is tiny just... The regime Role of public Prosecutors in Japan. ” Hiroshima Hongaku 33 ( 4:... Convictions be a Catalyst for Change in Japanese youth and Foreign Migrants offending is the fulcrum of justice. Court hearings are closed to the Subscription page and contribute the jurisdiction are changeable! Basic organisation of Japanese juveniles justice is complex, and Sato M. ( 2011 ). Fukuoka. Indicates that there has been no hardening of sentencing in the USA but there was no parallel process Japan... These ( 2,314, 89 percent ) were tried in the wider trends in Japanese criminal and! Always the desired outcome of incarceration for juvenile offenders in juvenile and criminal justice themselves, or their,., this does not mean that traditional Japanese law has completely disappeared offenses.

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