Youth Justice in Japan

Abstract

This chapter provides the first comprehensive overview of Japanese youth justice, locating it within wider conceptual considerations of youth justice, such as welfare versus justice and penal populism, before outlining its historical development and questioning its uniqueness. It discusses the contested notion pre-delinquency and its net widening potential and its place in the wider trends in Japanese youth crime. The study critically assesses the overall organization, administration, and impact of the Family Court (equivalent to youth or juvenile courts) and summarizes recent developments in youth crime policy. Although the Family Court is at the center of youth justice, it involves many social welfare elements. Despite the increasingly punitive rhetoric, policy, and legislation for juveniles in Japan, there is no evidence that more juvenile offenders are being committed to the adult courts. Overall, we found a clear precedence of social welfare over criminal policy considerations.

Future of Youth Justice in Japan

“…These revisions have already been discussed elsewhere (e.g. see Ellis and Kyo, 2017; Suzuki and Otani, 2017), and these past revisions are not the main focus of this article. Therefore, we briefly review the history of reforms in youth justice in Japan.…”

“…The fourth and most recent revision was conducted in 2014. This revision was mainly related to sentencing (Ellis and Kyo, 2017). For example, the upper limit for custodial sentences was increased from 15 to 20 years.…”

“…The proponents for this revision do not carefully consider existing knowledge on youth offending and juvenile justice. Despite the past reforms driven by punitivism (Fenwick, 2013; Hamai and Ellis, 2008; Miyazawa, 2008), Japanese youth justice has maintained its rehabilitative focus and has been successful in reintegrating young offenders in practice (Ellis and Kyo, 2017). The emphasis on and success of rehabilitation in youth justice are recognised even in the study group formed by the Japanese Ministry of Justice to discuss lowering the age of criminal majority (Japanese Ministry of Justice, 2016).…”

“…The Japanese government is currently considering revising this threshold. It proposes to lower the age of criminal majority from 20 to 18 years (Ellis and Kyo, 2017). This proposal has caused a heated debate over its justification and appropriateness.…”

Probation in Japan: Strengths and challenges and likely new tasks

“…“Essentially a mirror of the US Juvenile system of the day” (Ellis and Kyo, 2017a: 5) the Juvenile Act 1948, which governs the treatment of young offenders, was substantially influenced by American social work welfare approaches to juvenile delinquency and is based on the principle education and rehabilitation are preferable to criminal punishment.…”