NCJ Number
68646
Date Published
1980
Length
17 pages
Annotation
FOLLOWING A HISTORY OF JUVENILE LAW IN JAPAN, THIS REPORT SUMMARIZES THE JUVENILE LAW OF 1948, ITS 1976 DRAFT AMENDMENTS, AND THE WORK OF THE POLICE, COURTS, AND JUVENILE CORRECTIONS FACILITIES OF JAPAN.
Abstract
JAPANESE JUVENILE LAW DATES BACK TO 645 A.D. WHEN IT WAS DECREED THAT A CHILD UNDER AGE 7 WOULD NOT BE CRIMINALLY RESPONSIBLE. MODERN JUVENILE LAW BEGAN IN 1880 WITH THE ADOPTION OF A PENAL CODE MODELED AFTER THE FRENCH CODE, WHICH PROVIDED THAT A CHILD BETWEEN 12 AND 15 WHO COMMITTED AN OFFENSE WITHOUT DISTINGUISHING BETWEEN RIGHT AND WRONG WOULD NOT BE PUNISHED BUT COULD BE SENT TO A DISCIPLINARY HOUSE. THE CURRENT CODE DEFINES A JUVENILE OFFENDER AS ONE BETWEEN THE AGES OF 14 AND 20 AND A LAW-BREAKING CHILD AS A CHILD UNDER 14 YEARS OF AGE WHO HAS VIOLATED ANY CRIMINAL LAW. THE POLICE ACTIVELY ATTEMPT TO INTERVENE BEFORE A CRIME IS COMMITTED BY PATROLING AREAS IN WHICH YOUNG PEOPLE ARE LIKELY TO GET INTO TROUBLE AND BY BECOMING ACQUAINTED WITH FAMILIES IN THE AREA AND TALKING TO YOUNGSTERS WHO MIGHT BE GETTING INTO TROUBLE. THE JUVENILE COURT SYSTEM INCORPORATES DUE PROCESS AND ATTEMPTS TO USE PROBATION AND THERAPY PROGRAMS BEFORE RESORTING TO JUVENILE DETENTION. THE JUVENILE DETENTION AND CLASSIFICATION HOME IS ADMINISTERED BY THE MINISTRY OF JUSTICE; IT COMBINES A VARIETY OF TREATMENT APPROACHES. IN CERTAIN CASES A JUVENILE MAY BE TRIED IN THE ADULT CRIMINAL COURT. THE PENALTIES ARE SIMILAR TO THOSE FOR ADULTS EXCEPT THAT A JUVENILE SENTENCED TO DEATH RECEIVES LIFE IMPRISONMENT INSTEAD. THIS REVIEW ALSO CONTAINS STATISTICS ON THE NUMBER OF JUVENILE OFFENDERS IN 1967 AND 1977, STATISTICS ON ADMISSIONS TO THE JUVENILE DETENTION AND CLASSIFICATION HOME, AND CHARTS SHOWING TRENDS IN VARIOUS TYPES OF JUVENILE DELINQUENCY.