NCJ Number
61844
Date Published
1979
Length
21 pages
Annotation
CHARACTERISTIC FEATURES OF THE CORRECTIONAL SYSTEM IN JAPAN ARE DESCRIBED AS THEY CONCERN PROSECUTION, SENTENCING, ADULT AND JUVENILE OFFENDERS, AND COMMUNITY-BASED TREATMENT (PROBATION AND PAROLE).
Abstract
THE UNUSAL CRIME SITUATION IN JAPAN IS REFLECTED IN LOW AND DECREASING CRIME RATES AND IN FEELINGS OF SECURITY ENTERTAINED BY BOTH RESIDENTS AND VISITORS. IN THE JAPANESE CORRECTIONAL SYSTEM, PUBLIC PROSECUTORS RECEIVE ALL CRIMINAL CASES INVESTIGATED BY THE POLICE. IN 1976, APPROXIMATELY 637,000 ADULTS WERE FOUND BY PUBLIC PROSECUTORS TO HAVE COMMITTED PENAL CODE OFFENSES. AMONG THESE, ABOUT 195,000 OR 31 PERCENT WERE GRANTED SUSPENSION OF PROSECUTION. CRIME TYPES INCLUDED EMBEZZLEMENT, THEFT, FRAUD, EXTORTION, NEGLIGENCE CAUSING DEATH OR BODILY INJURY, ASSAULT AND BODILY INJURY, RAPE, ARSON, ROBBERY, AND MURDER. SENTENCING IS THE MOST IMPORTANT STAGE AT WHICH OFFENDERS ARE SELECTED FOR CORRECTIONAL TREATMENT. COURTS ARE AUTHORIZED TO CHOOSE BETWEEN IMPRISONMENT AND FINES FOR MOST OFFENSES AND TO FIX THE TERM OF IMPRISONMENT. THE MOST FREQUENTLY USED SANCTION IS FINES. ANOTHER SENTENCING ALTERNATIVE USED REGULARLY IS THE SUSPENDED SENTENCE. THE DEATH PENALTY IS PROVIDED FOR MURDER AND OTHER AGGRAVATED FORMS OF HOMICIDE, AS WELL AS FOR TREASON. IMPORTANT FACTORS IN SENTENCING ARE THE GRAVITY OF THE OFFENSE AND THE DEGREE OF BLAMEWORTHINESS OF THE OFFENDER. AN ADDITIONAL CONSIDERATION IS THE POSSIBILITY OF REHABILITATING THE OFFENDER. JUVENILE OFFENDERS UNDER 21 YEARS OF AGE ARE SENT TO FAMILY COURTS BY THE POLICE OR PUBLIC PROSECUTORS. IN 1976, ABOUT 398,000 JUVENILE CASES WERE DISPOSED OF BY FAMILY COURTS. ONLY 2,674 JUVENILES WERE COMMITTED TO TRAINING SCHOOLS AND 24,337 WERE PLACED ON PROBATION; 642 JUVENILES RECEIVED SENTENCES OF IMPRISONMENT IN CRIMINAL COURTS, BUT 467 WERE GRANTED A SUSPENDED SENTENCE. THE ORGANIZATION AND POPULATION OF CORRECTIONAL INSITUTIONS ARE DETAILED IN RELATION TO OFFENDER CLASSIFICATION, PRISON LABOR, EDUCATIONAL PROGRAMS, AND RIGHTS AND DUTIES OF PRISONERS. COMMUNITY-BASED TREATMENT IS EXAMINED IN TERMS OF LEGAL FACTORS IN PROBATION AND PAROLE. SUPPORTING DATA AND NOTES ARE INCLUDED. (DEP)