SOME THOUGHTS ON DECRIMINALIZATION AND DEPENALIZATION

• NCJ Number: 45332
• Author(s): Y SUZUKI
• Date Published: 1977
• Length: 19 pages
• Sale Source: National Institute of Justice/
• Language: English
• Country: Japan
• Note: PRESENTED AT THE 45TH INTERNATIONAL SEMINAR COURSE ON INCREASE OF COMMUNITY INVOLVEMENT IN THE TREATMENT OF OFFENDERS, FEBRUARY 10-MARCH 28, 1977

Annotation

THE STATUS OF DECRIMINALIZATION AND DEPENALIZATION IN THE CRIMINAL JUSTICE SYSTEM OF JAPAN IS DISCUSSED, AND UNDERLYING PRACTICAL AND MORAL ISSUES ARE CONSIDERED.

Abstract

IN JAPAN, LEGISLATIVE PROPOSALS FOR DECRIMINALIZATION CONCERN PRIMARILY THE SO-CALLED MORALS OFFENSES OR VICTIMLESS CRIMES, SUCH AS DRUG ABUSE, ABORTION, GAMBLING, DISSEMINATION OF PORNOGRAPHY, AND PROSTITUTION. HOWEVER, OPINIONS FAVORING DECRIMINALIZATION OF SUCH OFFENSES ARE UNLIKELY TO COMMAND SUFFICIENT SUPPORT FOR LEGISLATION IN THE NEAR FUTURE. EXISTING ENFORCEMENT POLICIES WITH REGARD TO MORALS OFFENSES APPEAR TO BE IN HARMONY WITH PUBLIC SENTIMENT. A NUMBER OF LONGSTANDING INSTITUTIONS -- SUSPENSION OF PROSECUTION, IMPOSITION OF FINES, SUSPENSION OF EXECUTION OF SENTENCE -- ALLEVIATE THE BURDEN BORNE BY THOSE WHO HAVE COMMITTED CRIMINAL OFFENSES IN JAPAN. BECAUSE OF THE FREQUENT USE OF SUCH MEASURES, THE NUMBER OF OFFENDERS COMMITTED TO PRISONS IS RELATIVELY SMALL. A NUMBER OF PRACTICAL AND MORAL CONSIDERATIONS ARE BEHIND THE MOVEMENT TOWARD DECRIMINALIZATION AND DEPENALIZATION. AMONG PRACTICAL CONCERNS ARE THE NEED TO ALLEVIATE THE HEAVY BURDEN IMPOSED BY GROWING CASELOADS ON ALL SEGMENTS OF THE CRIMINAL JUSTICE SYSTEM, QUESTIONS REGARDING THE EFFECTIVENESS OF IMPRISONMENT AS A MEANS OF REHABILITATION, AND THE NEED TO REDUCE THE COSTS OF ADMINISTERING CRIMINAL JUSTICE. THE MOST IMPORTANT MORAL CONSIDERATION IS HUMANITARIAN SOLICITUDE TOWARD THOSE WHO THOSE WHO HAVE VIOLATED THE NORMS OF SOCIETY. IT IS THE HAVE VIOLATED THE NORMS OF SOCIETY. IT IS THE RESPONSIBILITY OF A CIVILIZED SOCIETY TO ALLEVIATE THE TO PENAL SANCTIONS. A MORE PHILOSOPHICAL ISSUE RELATES PLIGHT OF OFFENDERS SUBJECTED TO THE CRIMINAL PROCESS AND TO PENAL SANCTIONS. A MORE PHILOSOPHICAL ISSUE RELATES TO THE QUESTION OF WHETHER MORALITY SHOULD BE ENFORCED BY CRIMINAL LAW. DECRIMINALZATION AND DEPENALIZATION ARE NEGATIVE CONCEPTS THAT WARN AGAINST THE EXCESSES AND ABUSES OF TRADITIONAL METHODS OF DEALING WITH OFFENDERS. IF DECRIMINALIZATION AND DEPENALIZATION ARE TO RESULT IN A MORE EFFECTIVE, HUMANE SYSTEM OF CRIMINAL JUSTICE, THEIR UNDERLYING POSITIVE ASSERTIONS SHOULD BE UNCOVERED. -- LM