0000001607 00000 n Tokyo: Yuhikaku). We therefore agree with Johnson’s (2006, p. 80) argument that this challenges the seemingly positivistic universal notion that crime declines with age (Gottfredson and Hirschi, 1990, p. 124). Also, they have three different behaviors for juveniles. i�p|�xyO�Еt6z�ܽ$}+��%3&�sC�BP#Z���j@h6IC�9! 0000002712 00000 n Kai, K. (2010). Nihon no Chian wa Saisei Dekiru ka (Can Japan Revive Public Order?). Introduction to Youth Justice (revised ed.). Oxford: Nissan Institute of Japanese Studies. 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. In a comparative context then, Japan, perhaps not surprisingly, has a complex set of jurisdictions over juveniles and outcomes for young people. 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). More encouragingly, Family Court sentencers have not changed their generally rehabilitative behaviour and there is no evidence that more juvenile offenders are being committed to adult courts, despite the continuous lowering of age restrictions for serious offences since 2000. L.A. County moves to create new juvenile justice system focused on 'care,' not punishment . Many authors have argued that Japanese criminal justice is a relatively unique phenomenon (eg, Schwertfeger and Zimring, 2013; Komiya, 1999; Bayley, 1991; Braithwaite, 1989;). Cabinet Office. Tokyo: National Police Agency [available only in Japanese]). Further, no juveniles under 16 have entered the prison system since 2000. Juveniles in most countries are subject to additional, age-related, legal controls. ), 法務省法務総合研究所編『平成23年版犯罪白書』(2011). “A Cultural Study of the Low Crime Rate in Japan.” British Journal of Criminology 39: 369–390. Juveniles themselves, or their parents/guardians, can assign an attendant, most often a lawyer, at the hearing. In 2013, 161 (39%) of the referrals from social welfare agencies were referred back to them (see Ministry of Justice, 2014b). White Paper on Crime, Part 3/Chapter 2/Section 1/2: Procedure in family courts.). “‘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. 警察庁(2015年)少年非行情勢(平成26年1~12月) (National Police Agency. 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. In Handbook on Homicide, edited by F. Brookman, E. R. Maguire and M. Maguire. The Family Court plays an essential part in juvenile justice. Although The Japanese adult and youth justice system effectively defines the current age of criminal responsibility (sekinin) as 14 years of age (Article 41 of the Criminal Law of 1907) (Kai, 2010, p. 4), and adult court jurisdiction normally starts at 20, the inclusion of those under 14 muddies tha waters. The Japanese juvenile justice system has been widely regarded as operating based on the principles of reintegrative shaming. 63–83). (Ministry of Justice, (2013). Most Japanese neighborhoods have a community association (chonai kai) that includes a bohan kai (crime prevention unit) who organize patrols that may detect underage drinking, smoking , etc. An Overview of the Juvenile Justice System History: In 1899, Illinois established the United States’ first juvenile court. A General Theory of Crime. This indicates that there has been no hardening of sentencing in the Family Court over this period. If a criminal sanction is deemed appropriate by the Family Court, the case must be referred back again to the Public Prosecutor, and discretion not to do so was restricted in the revision of Juvenile Act in 2000. “The Vanishing Killer: Japan’s Postwar Homicide Decline.” Social Science Japan Journal 9(1): 73–90. Braithwaite, J. ��]��2Vk��0�.S��L�Ps}YW��c?�����{�3 BMC����ߌ�����w�+�@�EoCF�t `/���z�p��IP��`z&k��!�g~2�q~ߨ�Ds�׻���͖7���%B˔nU�U�cE�������rk"R1�d C8����v9}9�Y-e�Sy. While every effort is made to provide accurate information, information contained here is provided on an "as is" basis without warranty of any kind, express or implied. 1.Courts. Komiya, N. (1999). It is centered around the Family Court. 388-411. All but the most serious cases continue to be heard and disposed of by the Family Court, most often with a non-justice, or diversionary, outcome. 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. 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. See Note 2 of Table 3-15 referred to earlier. Juvenile pre-delinquency violations referred to the police are recorded. 0000002187 00000 n Milton Park, Abington, New York: Routledge. Probation, is an ostensibly more recognizable justice disposal and accounts for 41% of Family court hearing disposals. The reason is that the criminal justice agencies, (i.e. Yoshinaka, N. (2010). A Family Court research investigation officer5 investigates and a decision is then made on whether to proceed with a formal Family Court hearing (as opposed to a trial in the adult court) or to refer back to a prefectural governor. Juvenile Law. In this context, Schwertfeger and Zimring (2013) note that the Japanese juvenile justice system was not a unique, autochthonous development, but was based explicitly on the original American model from the early 1900s. [available in Japanese only, accessed 21/03/2016]). Aldous, C., and Leishman, F. (2000). There are five types of courts in Japan: the Supreme Court, High Courts, District Courts, Family Courts and Summary Courts. Chichester, England: Wiley. 0000003055 00000 n The director of a center, or prefectural governor, must then use their discretion to decide whether to refer the case to the Family Court. 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. Empirically, the Child Welfare Act4 prevails, despite the 2007 revisions for serious cases. Hamai, K., and T. Ellis (2006). (2013). The current structure of juvenile justice in Japan was established by the Juvenile Act of 1948, which also underlined the primacy of the Child Welfare Act (1947). “Young Adult Offenders in Juvenile and Criminal Justice in Europe.” In Young Adult Offenders: Lost in Transition? As Figure 4 shows, the structure and processes of Japanese juveniles justice is complex, and revolves around the Family Court. However, this trend might be affected by the June 2015 changes imposed from outside youth justice by the revised Public Offices Election Law, i.e., lowering the voting age to 18 from 20, with supplementary provisions to also lower the upper age for juvenile justice in the future from 19 to 18 (Japan Times, 2015). 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’. In M. Tonry (Ed. 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. (Ministry of Justice. As in many other countries, the Japanese media increasingly holds young people responsible for the choices they make and they are often characterized as imprudent and irrational. “Postwar Fourth Wave of Juvenile Delinquency and Task of Juvenile Police.” Journal of Police Science 58(1). The basic structure of youth justice in Japan is established according to the Juvenile Act 1948 (Act No. (2012). The first two categories are simply classified according to whether offending juveniles are under 14 years of age, or are 14 to under 20 years of age. (Cabinet Office. This article is based on an open access chapter by the same authors: Ellis, T. & Kyo, A. Upper Saddle River, NJ: Prentice Hall. Drawing on existing empirical research on youth offending and juvenile justice, the purpose of this article is to advance a critical analysis on (in)appropriateness of lowering the age of criminal majority. David T. Johnson and Franklin E. Zimring. 0000001360 00000 n The legacy of this system is more apparent in Japan than in the present-day US. Often referred to as “Family Court research law clerk” in official Japanese documents in English. This would go against international trends and, indeed, against new evidence in neurosciences about the maturation processes of young people (Dünkel and Pruin, 2012). Basingstoke: Palgrave Macmillan. Most juveniles imprisoned through adult courts have been in the 18 or 19 age group.7. 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. 99–125]). 0000004577 00000 n Tokyo: Chikuma Shinsho. An Introduction to Japanese Society (2nd ed.). See Ministry of Justice (2013) White paper on crime Part3/Chapter1/Section1/1. The Family Court is the fulcrum of youth justice, but involves many social welfare elements. Importantly, recorded pre-delinquency should not result in a police or criminal record (Nawa, 2006). It discusses the contested notion of pre-delinquency, its net widening potential, and its place in the wider trends in Japanese youth crime. 16–17) wide-ranging study, he argues that Japan is not “unique or that different from other modern democratic capitalistic societies” in channelling juvenile justice and wider social agencies towards the control and punishment of disadvantaged youth. (Ministry of Justice, (2012). The pre-court processes mainly involve the police and often involve diversion from formal justice approaches at 3 levels in Japan: delinquency prevention through community crime prevention organizations and schools; police guidance for pre-delinquent activities; and police referral to the family court. 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). Locating Japanese Juvenile Justice within Existing Frameworks. 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. (2008). 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. The third cateogory are the pre-delinquents covered above (under the Juvenile Act of 1948, paragraph 1, Article 3). But what of the majority of juvenile referrals processed in the Family Court? (2002). Figure 1 shows the number of pre-delinquency offences vary considerably over a longer period than Yoder used, and that 2008 represented a high point. Great Britain. Our research suggests that this helps maintain a more explicitly welfarist model than that of … 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. London: UCL Press. 22-4, Juvenile Act, 1948). Japan therefore adopted and adapted the world’s first and (then) only juvenile justice system from the US. 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. Supreme Court, 20131 police record Williamson T. ( 1990 ). Fukuoka. Potential, and Hirschi, T., Lewis, C., and around. 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