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JUVENILE JUSTICE SYSTEMS.
Term Paper ID:28270
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Essay Subject:
Compares system in the U.S. & in Japan. Contrasts crime rates, interventions, strategies, effectiveness. 3 Tables.... More...
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14 Pages / 3150 Words
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Paper Abstract:
Compares system in the U.S. & in Japan. Contrasts crime rates, interventions, strategies, effectiveness. 3 Tables.
Paper Introduction:
Juvenile Justice in the U.S. and Japan: A Comparison
Introduction
In the United States, the public and politicians alike perceive a significant and frightening increase in youth crime and violence; concerns about the capacity of the juvenile justice system to rehabilitate chronic and violent youthful offenders while simultaneously protecting public safety accompany the growing fear of youth crime (Feld, 1999). In Japan, where the juvenile justice system has been characterized as incorporating Franco-Germano-American ingredients (Kitamura, 1993), juvenile crime is substantially less than in the United States. The official murder rates per 100,000 population in Japan, and the official theft rates in that country are one-sixth and one-fourth those of the United States, respectively; similarly, juvenile
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African-Americans represent 26 percent of juvenile arrests, 3 percent of delinquency referrals, and 4 percent of juveniles in corrections facilities. They offer the followingdata to support this position: Table I Juvenile Justice System Statistical Data . In the U.S., according to Cohn (1999), the juvenile justice systemhas functioned for more than fifty years in the context of a"rehabilitative ideal," which has meant that a plethora of prevention andintervention programs have been created to address both the causes ofjuvenile delinquency and crime and remedies for such activities. Educational Programs 71.9 18.4 9.7Vocational Programs 64.9 23.5 11.5Victim Restitution 82.9 12.6 4.5Community Service 77.9 14.7 7.3Boot Camp 54.8 24.1 21.1Electronic Monitoring 48.2 24.3 27.5Home vs. The fork in the road to juvenile court reform. This allows for the possibility ofresearcher subjectivity or bias and limits the discussion to thatliterature regarded by the researcher as significant in the context of thetopic. FederalProbation, 58 (2), 11-16. Youth & Society, 23(1), 5 -76.----------------------- 16 Discussion,recommendations, and conclusions will be provided. First, given thenature of descriptive research, only selected literature and relevantstatistical data was included. Shame andrestorative justice are more successful in such a culture than in aheterogeneous culture characterized by a wide diversity of values andnormative frameworks. The judiciary in contemporary society:Japan. Part of the problem identified by Cohn (1999) is that as itpresently functions, the juvenile court in the United States tends to takean overly harsh approach to punishment and fails to provide meaningfulrehabilitation. Feld (1999) and Bazemore (1999) have bothreported that despite the increase in alternatives to incarceration forjuveniles (known as restorative justice), the juvenile court has generallybeen transformed from a social welfare agency into a deficient criminalcourt. Given these differentials, the purpose of this report is to comparethe effectiveness of the juvenile justice system in Japan and the UnitedStates. Kitamura, I. Outline of the Juvenile Justice System.www.JCPS.ab.psiweb.com. Ischild saving dead? A survey by Moon, Sundt, Cullen, and Wright (2 ) of Americans onissues related to juvenile delinquency and treatment of juvenile offendersrevealed a strong level of support for selected community-basedinterventions. 3), has coined a new term to identify a growing population ofparticularly violent, antisocial, amoral juvenile offenders -"Superpredators" -- and argues that the number of American juvenilesarrested for murder, rape, robbery and aggravated assault will more thandouble by 2 1 . A cult of aggressive masculinity can be observedin each of these groups, but in general, juvenile crime tends to beconcentrated among bosozoku (25 percent of all juvenile criminal offenses)and youth gangs at the street level in communities (about 7 percent ofjuvenile crime). Generally, institutional and structural arrangements reinforce thiscontrast. Schiraldi, V. The literature furthersuggests that Japanese youth are more likely to be adjudicated withoutprosecution than their American peers and that family participation inrestorative justice may well be at the heart of this practice (Haley,1998). Second, the use of secondary statistical data is limiting in thatthe reliability and validity of such data cannot be empirically tested orexamined and must be assumed to exist. Briscoe, J. Third, much of the information onthe Japanese juvenile justice system that would have been valuable in thepresent report is not readily available in translation or in the Englishlanguage scholarly press. Johnson, D.T. Crime & Delinquency,39(3), 277-296. (1999). 11, juveniles were in adult prisons and adult correctional facilities . Despite these inherent limitations, the study is useful in that itpresents a narrative and descriptive comparison of two very differentjuvenile justice systems. First, as has beendemonstrated, Japan has extremely low crime rates in comparison to those ofthe United States. This may be due to the fact that fewer casesreach the judiciary in Japan than in the United States and that due processis therefore managed at a lower level. Haley (1998) has commented that except formoderate increases in the early 198 s, Japan has increased a steady declinein the number of penal code offenses and a steady decrease in the actualnumber of offenders remanded to courts. Numerousprobation and parole programs are offered, and due process as well asappeal are facilitated via the Juvenile Justice Code. Tanioka, I. To validatethe argument that a lack of morally nurturing and normative adultinfluences are available, and to suggest that the reverse is true, Briscoe(p. The official murder rates per1 , population in Japan, and the official theft rates in that countryare one-sixth and one-fourth those of the United States, respectively;similarly, juvenile crimes rates are less than 5 percent in mostcategories in Japan than those reported in the United States (Tanioka,1991). Babbie (1986) states that in identifying materialsappropriate for inclusion in a study of this nature, all kinds ofliterature can be used before a research study is begun. Comparing these two juvenile justice systems is muchlike comparing two totally different entities created in distinct cultureswith very different underlying normative and ethical systems. More significantly, juvenilesunder the age of 15 were responsible for 3 percent of juvenile violentcrime arrests in 1995, but they also accounted for more than one-half (55percent) of the decline in these arrests from 1994 to 1995. Babbie, E. Juvenile Justice in the U.S. (1998). Theliterature also suggests that lower levels of juvenile recidivism can beobserved in Japan than in the United States, perhaps because of the highersignificance of informal social controls which shape the behavior ofJapanese people (Kersten, 1993). Similarly, Palmer, Stern, and Gaile (1974) have argued that thecentral and dominant goal of qualitative research is to systematicallyexplain and predict affective and sociopolitical phenomena. Street youths, bosozoku, and yakuza:Subculture formation and societal reactions in Japan. 38 percent of all abused or neglected children are likely to bearrested as adults. This site provides the followingdescription of juveniles adjudicated by family court according to offense. Thus, descriptive research employing an analysis of secondary (i.e.,previously published) statistical data was selected for the present study.These data, drawn from the literature and from an Internet site describedabove, provide an excellent overview of the juvenile crime rates in boththe United States and Japan. New York: Harper & Row. Roughly one-third of all juvenile cases involving criminal code offenses are suspendedand not prosecuted, with confession and repentance and compensationemphasized as compelling grounds for refusing to prosecute a criminal ofany age who admits responsibility. Federal Probation, 58 (2), 61 - 68. More formal processes, reduced confidentiality, and the increasedwaiver of younger offenders to adult criminal courts for prosecution havecharacterized the juvenile justice system throughout the 199 s in the U.S.These researchers note that the rate of judicial waiver increased 68percent between 1988 and 1992, largely in response to a "get tough" policyon the handling of juvenile offenders. The honest politician's guide to juvenile justicein the twenty-first century. In the presentcase, "explanation" rather than "prediction" is predominant. (2 ). 53 percent of juvenile delinquents are likely to be victims of abuse or neglect at the hands of parent(s) or caretakers; . In matters such as the focus of this study,this approach to analysis is extremely useful and even necessary. 2 , children a year are prosecuted nationwide . Annals of the American Academy of Political & Social Science, 564, 81-1 9. Kersten (1993) says that most juvenile crime in Japan is associatedwith subcultural formations such as groupings of street youths (akin toAmerican gangs), bosozoku or hot-rodder groups of predominantly 17-2 year-old males, and yakuza or networks of male adult criminal organizations witha small youth presence. (1974). Kersten, J. Haley, J.O. Table III Japanese Juvenile Offenses, 1954-1997Year Total Referral to Commitment Commitment Prosecution Public to Child to Juvenile Prosecutor, Education TrainingSchool Appropriate & Training Home1954 93,958 2,157 19 4321959 116,263 4, 49 226 5931964 158,876 2,886 231 6 61969 112,93 2,459 122 2971974 115, 16 842 111 1591979 155,787 645 127 1351984 192,167 468 2 9 1821989 176,2 5 663 2 8 1671994 131,786 361 183 1221995 123,712 328 194 1141996 125,7 274 178 116 Table III, ContinuedYear Probation Received Case Dismissed Referred to After Hearing Prefectural Governor or Chief of Child Guidance Centre1954 14,788 29, 57 4321959 18,4 4 32,684 5921964 18,331 35,3 2 6 61969 12,79 27,974 2971974 7,968 28,636 1591979 11,334 31,9 5 1351984 15,784 37,787 1821989 13,181 29,7 6 1671994 1 ,551 19,872 1221995 11,996 16,954 1141996 12,121 15,489 116The following figures represent juveniles committed to juvenile trainingschool for the same time period: 1954 - 7,721; 1959 - 8,356; 1964 - 7,36 ;1969 - 3,962; 1974 - 1,756; 1979 - 3,385; 1984 - 5,145; 1989 - 4,14 ; 1994- 3,447; 1995 - 3,335; 1996 - 3,622 (www.JCPS.ab.psiweb.com, 2 ). Apology and pardon. Babbie (1986) also makes note of the fact thatqualitative, descriptive, narrative scholarly research is extremely usefulin defining an issue in order to identify the most significant forcesshaping outcomes and results. (1997). In describing the control of delinquency in Japan, Tanioka (1991)stated that informal crime control is exerted via family and communitypressures and through schools, which identify potential delinquents andprovide them with enhanced supervision. These are the critical differencesand similarities that emerge when the two juvenile justice systems arecompared.Recommendations If we assume that the Japanese strategy for dealing with juvenileoffenders is more effective than that of the U.S., several recommendationscan be made. Such materialsalso can be employed effectively during the study itself, contributing toits forward thrust. First, the United States should consider enhanced efforts toadjudicate juvenile offenses without bringing the child into formal contactwith the courts. Japan also appears to provide a number of alternative placementstrategies for delinquent youth that do not appear to be directly matchedby similar institutions in the United States. DiIulio, saysBriscoe (p. Substantially few juveniles are brought into contactwith the formal justice system in Japan than in the United States. (2 ). (1999). 4. It will be argued herein that in Japan, juvenile delinquency ratesare less than in the United States not because of any inherently superioror more efficient construction of the juvenile justice system, but becauseof the persistence and strength of a number of cultural variables thatinhibit the onset of delinquent activities among Japanese youth (Tanioka,1991). (1991). Cohn (1999) states that Supreme Court decisions such as In reGault and Kent served to recognize the due process rights of juveniles.Theoretically, the mission of the juvenile and family court is theprotection of society by correcting children who break the law, theprotection from abuse and neglect, and the preservation and strengtheningof families. 12, juveniles are transferred to adult court each year . Belmont,California: Wadsworth Publishing Co. (1993). Palmer, M., Stern, L., and Gaile, C. With respect to juveniledelinquency and criminality, Haley (1998) has pointed out that Japanesejudges and prosecutors stress correction as a primary aim and functionunder an ethos which he labels as benevolent paternalism. Third, greater mandatory involvement of the parents or guardians ofjuveniles in the United States may be indicated.Conclusion Is the Japanese juvenile justice system more effective than that ofthe United States? Additionally, Haley (1998) claims thatvictim-offender mediation is stressed in the Japanese juvenile justicesystem. Juveniles are thoseindividuals under twenty years of age, as compared to the United Stateswhere eighteen is the legal cutoff. Table II Support for Community Corrections OptionsStrategy Fully Support Moderately Do Not Support SupportCounseling/Individual 55.4% 26.4% 28.2%Counseling/Family 61.3 25.9 12.8Counseling/Group 43.8 29.7 26.5Drug/Alcohol Treatment 67.6 21.3 11. (1999). Data are presented in appropriate charts.Limits of the Study The present study was limited by three factors. Feld, B.C. The best source for information on the Japanese juvenile systemidentified in the research for this report was found on the Internet(www.JCPS.ab.psiweb.com), which presented statistics from Japan's AnnualReport of Judicial Statistics. Juvenile justice in transition: Is therea future? Moon, M.M., Sundt, J.L., Cullen, F.T. Lower levels of single-parent households, more cohesiveneighborhood and community units, and a culture of shame and collectiveresponsibility are seen as fostering this flexibility.Methods The methods employed in this study are descriptive andqualitative. Breaking the cycle of violence: A rationalapproach to at-risk youth." Federal Probation, 61 (3), 3 -14. The countries are similar in that both make efforts to prevent theimmersion of juveniles in the adult criminal justice system. (1993). The following table depicts levels of support for thesevarious strategies. Cohn, A.W. African-American youth represent 75 percent of drug offenses, 78 percent of robbery offenses, and 45 percent of juveniles detained in delinquency cases . Cohn(1999) notes that as a result of this, the American juvenile justice systemhas become increasingly complex, with a number of subsystems (probation,parole, various types of residential and academic placement or assistanceefforts, incarceration in minimum to maximum security institutions, etc.)created to meet the needs or serve the interests of juveniles and theirfamilies. Inmates in maximum security penal institutions told DiIulio in asurvey conducted by the criminologist that the absence of positive moralrole models was directly responsible for suggesting that a life of crime --following the behaviors of the gangsta' rappers as well as home-grownstreet drug deals and criminals -- was cool (Briscoe, p. Annals of the American Academy of Political &Social Science, 564, 1 -28. and Wright, J.P. Equally important is the demonstration thatunique cultural variables or factors have been at work in structuring thesejustice systems. Juvenile were involved in 32 percent of allrobbery arrests, 23 percent of weapons arrests, and 15 percent of murderand aggravated assault arrests in 1995. Culture is shown herein to have a direct relationship notonly to the treatment of juvenile offenders under the law, but also withrespect to variations in juvenile delinquency and crime patterns as well.Discussion Despite the brevity of this report, some general conclusions can bedrawn with respect to the differences between the juvenile justice systemin Japan and the juvenile justice system in the U.S. Prison 22.7 23.2 54.1IncarcerationThese data suggest, according to Moon, et al (2 ) a trend in the UnitedStates toward alternatives to incarceration for most juvenile offenders --at least in the perception of the public, but not necessarily in the viewof legislatures, which tend to emphasize harsh punishments as preventionand deterrence measures. In an environment of conformity, the deviant style ofthese youth groups and gangs guarantees public attention and has led theJapanese juvenile justice system to create both community-based preventionand intervention strategies and special residential schools of varyinglevels of security to house more violent or frequent offenders. Finley and Schindler (1999) believe that minority youth are hardesthit by a harsh American juvenile justice system. Law & Society Review, 32(2), 247-3 9. Thesedata depict a significantly different approach to adjudication of juvenileoffenders than that which has been observed in the United States. They further argue that before aquantitative study of any such phenomena is undertaken, a qualitative ordescriptive research effort is a fundamental necessity. The Japanesesystem appears to be very effective in the context of Japan's culture whilethe American juvenile system does appear to be relatively ineffective indeterring juvenile crime. and Japan: A ComparisonIntroduction In the United States, the public and politicians alike perceive asignificant and frightening increase in youth crime and violence; concernsabout the capacity of the juvenile justice system to rehabilitate chronicand violent youthful offenders while simultaneously protecting publicsafety accompany the growing fear of youth crime (Feld, 1999). Punitive juvenilejustice policies and the impact on minority youth. References Anonymous. Crime &Delinquency, 46(1), 38-61. Corrections Today, 61(7), 24-28. Certainly, juvenile crime rates are lower in Japan, butcrime in general is less prevalent in that country than in the U.S.Culturally, Japan is a more homogeneous society than America and conformityand social control mechanisms are more pronounced in Japan. The organization of prosecution and thepossibility of order. American BehavioralScientist, 41(6), 842-865. Among these functionsare the identification of relevant variables and factors impinging upon aproblem or issue as a preliminary to quantitative research efforts designedto capture measurable data. Case Western Reserve Journal of International Law, 25 (2),263-282. Babbie (1986) has noted that descriptive research inthe social sciences serves a multitude of functions. 6) draws upon the following data: . This view is supported by others in the field, includingVincent Schiraldi (1999), Director of the Justice Policy Institute, whobelieves that the courts have become far too quick to punish rather thanintervene in order to prevent juvenile delinquents from becoming adultcriminals. The Practice of Social Research. 3). Such an activityenables the researcher to identify relevant variables impacting upon aspecific situation and to narrowly define the area to be quantitativelyinvestigated at a later date and in a separate research project. 1 years of the children's court - givingkids the chance to make better choices. Formal institutions such as thepolice and the juvenile courts intervene only when these informalinstitutions fail. He found that in Japan, efforts are undertaken to prevent juvenilesfrom becoming involved in the justice system. Bazemore, G. 4) provides anoverview of juvenile crime in America, noting that in 1995 there were anestimated 2.7 million arrests of persons under the age of 18, for a totalof 18 percent of all arrests. Johnson (1998) compared justice systems in the United States andJapan. Both systems are also similar in that they provide fordue process in juvenile legal proceedings, though the appeals process inthe United States, as identified by Bazemore (1999) appears to be somewhatmore complex and expansive. Explanationcan be achieved, according to these researchers, via either qualitative orquantitative research methodologies. Finley, M., and Schindler, M. The report will offer a review of relevant literature as afoundation for qualitative analysis of the two juvenile justice systemsunder examination. This tendencyis more pronounced in Japan than in the United States where a "get tough"policy on crime has led to increased waivers of juveniles for prosecutionin adult courts. The InterdisciplinaryStudy of Politics. (1999). Specifically, it will be argued that the web of informal socialcontrol over juveniles is much closer in Japan than in the United States,thus reducing the potential for delinquent behavior.Background of the ProblemJuvenile Crime and Justice in the U.S.. School uniforms, routine activity, and thesocial control of delinquency in Japan. Public support for juvenile rehabilitation. Briscoe (p. A methods section, along with a description of thelimits inherent in such a study, will be presented. Haley (1998) maintains that apology and restitution are acceptedin Japanese culture and law as an adequate punishment for a wider range andvariety of deviant or criminal activities than is the case in the UnitedStates. Secondly, by expanding the age of juveniles to twenty ashas been done in Japan, the American system could prevent older adolescentsfrom being automatically placed under the control of adult criminal courts. Feld (1999) claims that this policyis a reflection of cultural values and a growing lack of public tolerancefor juvenile delinquency and criminality.Juvenile Justice in Japan. Finally, Kitamura (1993) has stated that the Japanese juvenilejustice system tends to provide a greater degree of flexibility in thedisposition of cases involving younger offenders than does that of theUnited States. Adjudication without prosecution is more common inJapan than in the United States, and this researcher believes that thelower level of juvenile crime reflects the cohesion of Japanese society. Juvenile cases are handled in theFamily Court in Japan and an extensive system of Juvenile ClassificationHomes, Juvenile Training Schools, and Juvenile Prisons are maintained.These three types of residential placement respectively indicate theseverity of crime and the pattern of offenses of juveniles. (1998). (1999). In Japan,where the juvenile justice system has been characterized as incorporatingFranco-Germano-American ingredients (Kitamura, 1993), juvenile crime issubstantially less than in the United States. (1986).
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