NCJ Number
165849
Journal
Criminologist Volume: 20 Issue: 4 Dated: (Winter 1996) Pages: 195-206
Date Published
1996
Length
12 pages
Annotation
This article provides an overview of the use and conditions of Japanese prisons, including death row conditions, and presents reforms proposed by the Japan Bar Federation.
Abstract
In Japan the great majority of those entering prison receive sentences of 2 years or less, and well over half of all inmates receive parole, often having served at least two-thirds of their sentences. Although custodial sentences are relatively short, in keeping with a rehabilitative approach, prisons are closely regimented, spartan, and severe. Based upon research conducted by the Japan Federation of Bar Associations, Japanese prisoners are required to show absolute obedience to a vast number of rules formulated by each prison. Failure to comply with these rules results in harsh punishment from the prison authorities. There is also evidence that prison guards inflict unofficial punishment on those who fail to follow the rules. Death row inmates usually wait for many years for execution; they are in solitary confinement during this time, with restrictions on movement within their cells. A condemned prisoner is told of his execution only minutes before it is scheduled. The Japan Bar Federation recommends the replacement of rules drafted by each prison with a more narrow code of prison rules to apply nationally and that would establish penalties proportionate to the seriousness of rules breached. It also proposes that steps be taken to eradicate unofficial illegal punishments by prison staff and the establishment of a principle by which inmates' sleeping hours would be spent in single cells and waking hours in group cells. Other proposals would prohibit restrictions on movement or postures within cells, a guarantee of 1 hour of exercise outside of a cell each day, an end to censoring mail and printed materials, and the appointment of an independent body for each prison to supervise the fair treatment of prisoners. None of these proposals have been adopted, and the Ministry of Justice has given no indication that any will be. 28 references