NCJ Number
164977
Date Published
1996
Length
16 pages
Annotation
This overview of Japan's juvenile justice system presents its history and profiles the principles of juvenile law, the formal juvenile justice system, the role and function of each juvenile justice authority, the juvenile justice hearing, and informal practices.
Abstract
The founding principle of Japanese juvenile law is to aid in the "sound upbringing of juveniles" through the premise of protection and education. Japan's juvenile justice system is equally concerned with delinquents and pre-delinquents, as it emphasizes delinquency prevention as well as behavioral correction. The prosecutor's authority is restricted, and the prosecutor does not attend the hearing. Every juvenile offense case is referred to the Family Court, which then decides whether or not to prosecute. A specially trained Family Court probation officer conducts a social investigation and reports on each case before it is brought before the court. The hearing procedure is based on the inquisitorial system; under this structure, full due process of law is not guaranteed. Every stage of case processing relies on national child welfare measures. The current major controversy in debate on Japan's juvenile justice system is how to establish a guarantee of due process of law. The ratification process for the Convention on the Rights of the Child could bring further weight to change the juvenile justice system so as to guarantee due process. 7 notes, 15 references, and appended directory of key juvenile justice agencies