youth justice in japan

“Government and Control.” British Journal of Criminology 40: 321–339.Find this resource: Reiner, R. (1985). New York: Wiley.Find this resource: Squires P., and Stephen, D. E. (2005). Youth justice1 in Japan is complex. (1999). Indeed, there is clear evidence of a broader governmental approach. It contains articles that are theoretically informed and/or grounded in the latest empirical research. “‘The Kid Is a Criminal’ v. ‘The Criminal Is a Kid’: Cultural Impacts on Juvenile Justice in the United States and Japan.” University of California, Berkeley Department of Legal Studies Honors Thesis, Spring 2013. In 1797 it starts supporting children after they leave – possibly the first such resettlement scheme. Special considerations come into play when young people commit acts that are considered criminal. Six (4 percent ) were sent to a Self-Reliance Support Center or foster home, and 7 were sentenced to Juvenile Training School, leaving 40 (24 percent ) to be sent to the adult court, where we can see from Figure 9 that they would receive a maximum sentence of a fine. Hesei 21 ban Hanzai Hakusho (Heisei 21, White Papers on Crime) Tokyo: zaimusho insatsu hakko.Find this resource: 林五平,五十嵐常之,菊池明,佐々木裕太(1994年)「東京家庭裁判所における試験観察の新しい試みについて」家庭裁判月報46巻8号1頁. “Comparative Analysis of the US and Japanese Juvenile Justice Systems.” Juvenile and Family Court Journal 33(4): 55–62.Find this resource: Braithwaite, J. There has been no evidence of increased punitivity in the Family Court and no increase in committal of juveniles into the adult system, despite the continuous lowering of age restrictions for serious offences since 2000. Studies have found both positive and negative accounts of adults’ interventions (see Ames, 1981; Kiyonaga, 1982; Wagatsuma and De Vos, 1984; Foljanty-Jost and Metzler, 2003; Yoder, 2004). Chichester: Wiley.Find this resource: Ellis, T., Lewis, C., and Sato M. (2011). Here, under protective detention, juveniles are assessed from a range of potential perspectives; for example, “interviews, psychological tests, behavioural observations, and medical diagnosis, as well as other external information” (Ministry of Justice, 2012). To complicate matters further, another set of figures is commonly referenced from judicial statistics [available only in Japanese], which have a slightly different total of 22,649 (i.e., 84 more). Tokyo: Chikuma Shinsho.Find this resource: Markey, P. M., Markey, C. N., and French, J. E. (2014, August 18). (Ministry of Justice, (2013). “Juvenile Justice and Crime Policy in Europe”. In addition to the profile of juvenile recorded crime just described, there are currently some developments in juvenile offending that appear specifically Japanese. (1989). The first of these measures, children’s self-reliance support facilities (CSRSs) and foster homes, is effectively a mandated social welfare disposal and is managed by the Ministry of Health, Labor, and Welfare, and again it is difficult to apply a strict “justice” label to this disposal. This can make the age of criminal responsibility seem rather fluid. Tokyo: Research Foundation for Safe Society. Choongh, S. (1997). Some community and agencies’ activities might be considered as crime prevention or diversion within a welfarist approach, as Lewis et al. Latest findings. Overall, we found a clear precedence of social welfare over criminal policy considerations. “The Homicide Drop in Post War Japan.” Homicide Studies 12(1): 146–160.Find this resource: Kai, K. (2010). This means that 25 percent of the 343 pre-delinquency cases that made it to the Family Court did not require a hearing or a justice disposal. Victims in serious cases can also apply to attend, but judges must be satisfied that it would be appropriate and not likely to disrupt the healthy development of the juvenile, indicating a positive bias toward the primacy of welfarist considerations (Art. Figures 3-1-1-1, 3-2-1-1, 3-2-2-1, 3-3-2-1 and 3-3-2-2, Tables 3-1, 3-2 and 3-10 [available only in Japanese]. The first two categories are simply classified according to whether the juveniles are under 14 years of age or are 14 to under 20 years of age. The Japanese Justice System. We begin by locating Japanese juvenile justice within more general conceptual arguments about youth justice, before outlining the historical development of Japanese juvenile justice and the arguments as to its uniqueness. Second, there is also the possibility that aggressive video gaming might have a pro-social or cathartic effect (Cunningham, Engelstätter, and Ward, 2013) and an incapacitating effect, removing potential offenders from public venues “where they might have otherwise committed a violent act” (Markey et al., 2014, p. 15). “The Vanishing Killer: Japan’s Postwar Homicide Decline.” Social Science Japan Journal 9(1): 73–90.Find this resource: Johnson, D. T. (2008). In Juvenile Delinquency Japan: Reconsidering the Crisis, edited by G. Foljanty-Jost (pp. “Recent Changes in Youth Justice in Japan.” Hiroshima Hongaku 33(4): 27–32.Find this resource: Wagatsuma, H., and De Vos, G. A. June 17, 2015., JFBA. If juveniles are over 14 and the maximum sanction for the offence is a fine, the police can refer them directly to the Family Court (Article 41 of Juvenile Act 1948), nearly 8,000 cases in 2013 (Figure 9). Although juvenile crime rates appear to have fallen since the mid-1990s, this decrease has not alleviated the concern. Yoder (2011) makes much of Japanese youth being subject to the same national penal code as adults, but also to special penal code offences, which he feels enormously expand the range of violations possible for juveniles. The contemporary picture that emerges is of a hardening of rhetoric, policy, and legislation for juveniles in Japan, yet over the same period youth offending has plummeted and adult offending has provided a much bigger contribution to overall recorded crime. However, juveniles in most countries are subject to additional, age-related, legal controls. Although the Family Court is at the center of youth justice, it involves many social welfare elements. (6) It was established early in Western Europe and late in Japan. “Violent Video Games and Real-World Violence: Rhetoric Versus Data.” Psychology of Popular Media Culture. It is important to point out that these figures have to be compiled from a number of databases that are not usually integrated. As in many countries, Japanese juvenile justice has developed relatively independently of adult justice. Much of the following section has been contextualized from the Japanese Ministry of Justice’s 2011 White Paper on Crime (part 3, Chapter 1) and Yoshinaka’s (2010) review.; this resource: Minei, M. (2003). The limited use of sentences under 1 year has tailed off since 2002, but there is no consistent rise in the small number of life sentences passed in this period and none have been made since 2010. “Postwar Fourth Wave of Juvenile Delinquency and Task of Juvenile Police.” Journal of Police Science 58(1). It is therefore crucial to examine where the operation of youth justice in Japan lies along the diversionary-interventionist continuum. )Find this resource: Inagaki, M., and Tanaka, F. (2010). Two cases were referred back to the Family Court for sentencing and one was fined. Hikikmori: Adolescence without End. Nihon no Chian wa Saisei Dekiru ka (Can Japan Revive Public Order?). However, our analysis suggests that the Japanese juvenile justice, unlike Japanese adult justice, favors welfare over justice outcomes. We offer an overview of recent developments in youth crime and look at major policy developments, including those under consideration. The Youth Criminal Justice Act (YCJA) is the federal law that governs Canada's youth justice system. We have therefore examined these outcomes too. Youth Justice. Japanese scholars and practitioners have since been engaged in debates over this proposal. (pp. Much depends upon how the new Youth Criminal Justice Act is actually implemented. 63–83).Find this resource: Saito, T. (2013). Scraton, P., and Haydon, D. (2002). At the same time, there was a growth in the institutionalized use of police surveillance for both apprehending and punishing pre-delinquent youth. The way in which Japanese criminal justice deals with these pressures has generally been regarded as unique (Schwertfeger and Zimring, 2013; Johnson, 2008; 2006; Komiya, 1999; Foote, 1992; Bayley, 1991; Braithwaite, 1989; Berezin, 1982). This chapter will examine how “school connectedness” is fostered in students who engage in so-called delinquent or antisocial behaviors. 37–28, 48) focus on controlling working class youth (Rohlen, 1989; de Vos and Wagatsuma, 1984; Okano and Tsuchiya, 1999; Dubro and Kaplan, 2003; Yonekawa, 2003; Yoder, 2004). (14) Certainly, there are no grounds for the idea of increasing punitivity in sentencing the decreasing numbers of juvenile offenders in the adult courts in Japan. It outlines the historical development of a separate justice system for young offenders, including the flux between welfarist and justice-based approaches, the decline in youth crime and incarceration and indicators of how a new, more decentralised approach might mark, Surveys conducted over the past twenty years in several English-speaking countries reveal that most members of the public subscribe to a number of misperceptions about juvenile crime and justice. Figure 6: Juvenile and adult population rates (per 1,000) of cleared penal code offences (non-traffic), 2000–2012. Lewis et al. This would indicate that there has been no hardening of sentencing in the Family Court over this period (Ministry of Justice, White Paper on Crime, 2005–2014). However, as outlined earlier, under the Juvenile Act of 1948 (paragraph 1, Article 3), an overlapping third category, pre-delinquents, exists. Media portrayals also play a familiar role here. In doing so, the concept of parens patriae was gradually incorporated as a key social work component of Japanese juvenile justice (Hirose et al. The focus here has been on examining the Japanese approach to youth justice in its broadest sense and to evaluate where it lies along the justice/welfare continuum. They can offer juveniles uninvited advice but have no powers of arrest. [available only in Japanese, not available online])Find this resource: Yoder, R. S. (1986). While Japan uses the latter term in most official and academic literature, we have used both terms interchangeably. Perhaps more surprising is that this rapidly modernizing nation also adopted and adapted the world’s first and only juvenile justice system, introduced in the United States in 1899. However, most cases (105,000 in 2013) therefore have to be referred initially to the (adult justice system) Public Prosecutors Office, which in turn refers almost all of them back to the Family Court (Article 42 of Juvenile Act 1948). Schwertfeger and Zimring (2013, p. 4) argue that these characteristics are related to the broader Japanese socialization processes within the family and in schooling that inculcate “internalized forces restraining people from committing crime.” Similarly, Foljanty-Jost and Metzler (2003) have argued that a strong central policy in Japan is complemented by effective visible local law enforcement and crime prevention and that the average Japanese young person grows up to recognize and accept the different roles of family, school, and police in their upbringing. Markey et al. The debate on the use of crime prevention is also explored. Leiden: Brill.Find this resource: 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. The Dialogical Construction of School Connectedness for Delinquent Youth, Probation in Japan: Strengths and challenges and likely new tasks, Japanese Juveniles in Transition: International Perspectives, Criminal Compensation: The Cost of Victimization (Diawa Foundation). According to Japanese law, the term "shonen" refers to "a person from the time they enter elementary school until the time they are 15 years of age", and "Any person who has not reached the age of 15 years" (Juvenile Law (少年法, Shonen Hō), Article 2.1). “Japanese Criminal Justice: Was Re-integrative Shaming a Chimera?” Punishment and Society 10: 25–46.Find this resource: Hamai, K., and Ellis, T. (2008b). Sweden does not have special youth courts. The likelihood is that these two arguments, resulting from polarized methodological and epistemological approaches, need reexamining to form a more realistic understanding of Japanese youth justice. Supreme Court of Japan, Judicial Statistics on 2013 fiscal year & [available only in Japanese]. The Department of Justice and Community Safety is responsible for the statutory supervision of young people in the criminal justice system. It is important to bear in mind, however, that in all cases in the district courts, the saiban-in powers are limited and in all cases are led by a professional judge. Minneapolis, MN: University of Minnesota Press.Find this resource: Schwertfeger, A., and Zimring, F. (2013). Schools (mainly post-elementary) can also inform police of pupil incidents. Traffic offences were most likely (77 percent ) to receive suspended sentences. Oxford: Clarendon.Find this resource: Choongh, S. (1998). Indeed, Schwertfeger and Zimring (2013, p. 4) have argued that despite official Japanese moves toward more more overtly punitive youth justice policies, in practice it is still largely focused on rehabilitation and reintegration. “Delinquency and Social Change in Modern Japan.” In Socialization for Achievement, edited by G. De Vos (pp. In examining any country, it is usually a question of shifting emphases over time in response to events, media pressure, political imperatives, and so forth, so legislation, policy, and practice often contain varying elements of both ends of the continuum (Muncie, 1999, p. 260). In some cases,17 before the disposal stage, there is a further overtly welfarist element to the Family Court processes. Although JTSs are secure buildings, juveniles are not locked into their rooms, which is an explicit commitment to maintaining a distinction between juvenile and adult custody. In the Japanese version of the US model of juvenile justice, Schwertfeger and Zimring (2013, pp. Some Japanese authors, such as Sugimoto (2003, p. 2), agree and argue that Japanese citizens are only unusual in believing that their nation is so unique. The reason for this is difficult to find, but is due to the kanisochi figures. (2014, p. 15) admit that JRPG is only a single factor, but with Japan’s high level of gaming involvement,9 it certainly warrants further investigation. London: Sage.Find this resource: Foljanty-Jost, G. (2000). The 2012 White Paper on Children and Young People focuses on safety and problematic behavior (victimization and offending) as the third key element in a more holistic approach to social policy for young people. 9. Palo Alto, CA: Stanford University Press.Find this resource: Hamai, K., and T. Ellis (2006). Re-figuring the Territory of Government.” Economy and Society 25(3): 327–356.Find this resource: Rose, N. (2000). If further action is taken, then a report is required, but this will not be identified in searches by schools or employers, as it is not a criminal record, though it can be considered by the Family Court in investigating and sentencing for later offences. These assessments are used to decide whether a Family Court hearing is appropriate, and even if appropriate, whether outcome options other than criminal justice options are appropriate. Heisei 23 nen no Hanzai (2011) National Police Agency, Page, page 176, Table 7. Second, it is important to examine the extent to which pre-delinquency offences can be categorized as “additional” to adult code offences only in Japan, and which are typical of breaches of lower age limits in most jurisdictions. Modernity and Self-Identity: Self and Society in the Late Modern. The majority (400; 83 percent ) were mostly still under investigation or technically reclassified as adults through exceeding the age of 19 after referral from the Family Court. Further, in serious cases, the Family Court can also require public prosecutors to attend the Family Court hearing for adjudication (Art. “A Cultural Study of the Low Crime Rate in Japan.” British Journal of Criminology 39: 369–390.Find this resource: 小西暁和「『非行少年』と責任能力(1)」早稲田法学85巻2号(2010)51頁 (Konishi, T. (2010a) ‘“Juvenile Delinquent” and Criminal Responsibility (1)’, Waseda Law Review 85 (2) [in Japanese] [pp. Melbourne: Trans Pacific Press.Find this resource: Yoder, R. S. (2011). In the Family Court, there must be a consideration of whether the case can be dismissed if it finds it impossible or unnecessary to place the juvenile under Family Court protective measures. 2014 White Paper on Crime. Web. Hamai and Ellis (2008b) are skeptical of the likely impact of saiban-in and stress that the power of the public prosecutors in the adult court is unlikely to be reduced. However, while Yoder (2011, p. 20) tends to argue that all such activities are on a single continuum of oppression and control of youth, there is also an empirical question about where the line lies between what might be regarded as prevention and diversion on the one hand, and formal punishment on the other. In June 2015, the Japanese parliament (Diet) lowered the voting age to 18 from 20 (it was last changed from 25 to 20 in 1945). A panel of the Legislative Council, an advisory body for the justice minister, had been discussing whether to lower the maximum age of minors subject to … 1–28]).Find this resource: 小西暁和「『非行少年』と責任能力(3)」早稲田法学86巻4号(2011)99頁 (Konishi, T. (2011) ‘“Juvenile Delinquent” and Criminal Responsibility (3)’, Waseda Law Review 86 (4) [in Japanese] [pp. We agree overall with Schwertfeger and Zimring (2013) that although Japan has officially moved towards more overtly punitive youth justice policies, empirically its juvenile justice practices are still largely focused on rehabilitation and reintegration.20 All but the most serious cases will continue to be heard and disposed of by the Family Court, most often with a non-justice, or diversionary, outcome. Unsurprisingly, custodial sentences were reserved for the most serious offences, those causing serious injury (74 percent ), robbery (100 percent ), homicide (100 percent ), and rape and/or sexual offences (67 percent). Before 2008, Nawa (2006) argued that the status of police guidance was “‘tenuous” under Article 3 of Juvenile Law, with only some police standards applicable (see National Police Agency (NPA), 2002, Rules of Police Activity against Juveniles). White Paper on Crime, Part 3/Chapter 2/Section 1/2: Procedure in family courts. Whether this results in net-widening, labelling, and establishing middle class norms and values for working class kids, or whether it results in creating collective responsibility for juveniles and preventing their exclusion, is a topic that will continue to be debated. Berkeley, CA: University of California Press.Find this resource: (1) Tokyo: Gendai Jinbunsha. (2009) have argued, leads to a predominantly welfare-based approach for young people. (12) 164 of December 12, 1947) taking precedence over the 1948 Juvenile Act. Reassessing Juvenile Justice in Japan: Net widening or diversion? The Youth Justice System has targeted offenders and non offenders by using preventative measures to try and reduce offending. This report defines sexual victimization, 法務省法務総合研究所編『平成23年版犯罪白書』(2011). It discusses the contested notion pre-delinquency and its net widening potential and its place in the wider trends in Japanese youth crime. Figure 1 shows the variation in the numbers of pre-delinquency offences from 1975 to 2014, and Figure 2 shows the rate per 1,0004 youth population. Cambridge, England: Polity Press.Find this resource: Gottfredson, M. R., and Hirschi, T. (1990). It concludes by suggesting that there is a need for a new treatment category for young adults, those between 18-25 years of age, in both England and Wales, and in Japan. Oxford: Nissan Institute of Japanese Studies.Find this resource: Ambaras, D. (2005). Youth Justice enjoys an ever-increasing international presence in recognition of the developing interest in juvenile/youth justice … Japanese youth justice has experienced several reforms to date. Japan also gives the new measures time to take effect before evaluating them. The public display considerable ambivalence with, Join ResearchGate to discover and stay up-to-date with the latest research from leading experts in, Access scientific knowledge from anywhere. In Japan, as well as in most jurisdictions, public outcry over youth violence has led to a more punitive approach and emphasis on new laws and policies on protecting society (Cf. Drawing on existing empirical research on youth offending and juvenile justice, the purpose of this paper is to advance a critical analysis on (in)appropriateness of lowering the age of criminal majority. Cambridge: Cambridge University Press.Find this resource: Petersen, A. Or they might be considered as enforcing conformity, as Yoder (2011) suggests, through net-widening, where minor infractions are pushed into more formal criminal justice processes, such as arrests, disposition, adjudication, and punishment. Other phenomena apparently specific to Japan were brought to the fore in 2000, when a 17-year-old boy hijacked a bus, killing one and injuring two passengers (Katsunori, 2009). London: Sage.Find this resource: Beck, U. (2009) suggest, of local surveillance, apprehension, and police issuing guidance, for example. Inequlality in family background, in G. Foljanty-Jost (Ed) Juvenile Delinquency Japan: Reconsidering the Crisis. In recent times, examples of a relatively few horrific juvenile-perpetrated offenses have led to a misperception of an increase in offending and a public interest in more punitive responses for youth law-breaking. For a further 283 (1.3 percent ) of these 22,565 cases there was a Family Court hearing, but again no further measures beyond police and Family Court advice were seen as necessary, Three cases were also referred out to a prefectural governor or child consultation center (non-justice) disposal, leaving just 165 (0.7 percent ) kanisochi summary offence cases referred directly by the police to the Family Courts that proceeded to a Family Court hearing and a justice-based disposal. 31. Deviance and Inequality in Japan: Japanese Youth and Foreign Migrants. The well-Recent Changes in Youth Justice in Japan However, there is no hard evidence on impact (Yoder, 2011, p. 22) and no known figures on the number of cases where advice is given by other agencies or, therefore, on the proportion of these that are referred to police. To collate published research on children at risk of neglect/criminality and develop a research network that would move interventions/resources forward. This involves a consideration of net widening, the involvement of the police and social agencies, and the outcomes for those given police guidance. 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. A General Theory of Crime. University of Hawaii.Find this resource: Yoder, R. S. (2004). Research, Policy and Governmentality, and Youth Offending.” Youth Justice 4(2): 100–116.Find this resource: Armstrong, D. (2006). Ironically, the US occupation after WWII strengthened the centrality of parens patriae under Article 1 of the Juvenile Act of 1948, which marked the birth of the current Japanese juvenile system. Indeed, there is no equivalent probation disposal in adult justice, only supervision related to custodial sentences, mostly related to parole and a small proportion of suspended prison sentences (Lewis et al., 2009). Berkeley, CA: University of California Press.Find this resource: Ames, W. (1981). PRINTED FROM OXFORD HANDBOOKS ONLINE ( We hope that this makes the chapter informative to both Japanese and non-Japanese readers alike. Tokyo: National Police Agency [available only in Japanese]. The Administration of Juvenile Justice in Japan: A Complex Set of Processes. The early US and Japanese juvenile justice systems’ discourse was of state intervention to protect neglected and abandoned youth (Schwertfeger and Zimring, 2013 p. 10). Overall, then, in this complex process it is possible for juveniles to be tried and sentenced in the adult system, but only after a complex welfare-based assessment has been made through the Family Court and the numbers remain small so that the vast majority of juvenile offenders are dealt with by the Family Court (Hirose, 2009; Kawaide, 2015). There is no doubt that multi-agency forms of control are manifold and have endured over time in Japan. 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