Journal Assignment

studentk

Reichel-7e_lecture_CH10.pptx

Home >Law homework help >Criminal homework help >Journal Assignment

Comparative Criminal Justice Systems

Seventh Edition

Chapter 10

Japan: Examples of Effectiveness and Borrowing

‹#›

Learning Objectives (2 of 2)

10.1 Identify two reasons why Japan provides an appropriate case study for highlighting the benefits of comparative study

10.2 Summarize and explain four broad cultural patterns that may be helpful in understanding the relative success of Japan’s social control model

10.3 Explain the concept of bureaucratic informalism in the context of Japan’s criminal justice system

Learning Objectives (2 of 2)

10.4 List and explain three aspects of Japanese policing that may help explain the police role in Japan’s comparatively low crime rate

10.5 Explain how the Japanese preference for compromise and conciliation and the importance of apology affect how the country’s judiciary operates

10.6 Describe how probation and parole operate in Japan

Why Study Japan?

Appropriate case study because:

Japan’s criminal justice system seems to provide an effective response to the crime problem

Japan’s effective criminal justice system owes much to the policies and procedures found in other countries

Showing how successful adaptation can be a goal of comparative criminal justice

Cultural Patterns (1 of 3)

May be helpful in understanding the relative success of Japan’s social control model

Identifying broadly stated cultural values that are shared in a society helps make sense of the complexity and variation found in all societies

BUT, must be careful that reference to cultural patterns is not taken to mean cultural stereotypes

Four cultural patterns (that may or may not be applicable to everyone who happens to be Japanese) are considered

‹#›

Cultural Patterns (2 of 3)

May be helpful in understanding the relative success of Japan’s social control model

Homogeneity

Japan is ethnically homogeneous with almost 99% of its population being Japanese

This similarity is reflected in an expression of similar values and commonly held norms (making social control easier)

Contextualism and Harmony

Standards of morality and ethics are determined by reference to the group and the setting

Maintaining harmony, or at least its appearance, is important

‹#›

Cultural Patterns (3 of 3)

May be helpful in understanding the relative success of Japan’s social control model

Collectivism

A sense of self-worth and identity comes from the groups to which one belongs

Family and group orientation results in a sense of collective responsibility and of obligation toward others

Hierarchies and Order

Police, courts, and corrections officials are seen as guardians of society’s morals and enforcers of the law

Collectivism and a sense of order encourage cooperative relations between citizens and justice agencies

‹#›

Bureaucratic Informalism

Emphasizes desirable sanctions as private, indirect, and ambiguous

Similar in concept to legal informalism, which was identified in Chapter 4 as a key characteristic of the Eastern Asia legal tradition

Use “bureaucratic” because in Japan the informal process has more transparent attachment to administrative policy

Refers to preference for an informal response to misbehaving individuals

Proceeding through each stage of the formal justice process, one finds an informal system reinforcing the formal process

The Police Role

Key factors

Officer Deployment

Police coverage via koban and chuzaisho rather than patrol cars means officers are active, involved, and valued members of the community

Citizen Partner

Formal and informal associations, including crime prevention activities, link citizen and officer

Service

Officer’s presence in community is considered routine and result is cooperative service orientation

Judiciary

Tactics showing preference to handle disputes informally

Compromise & conciliation

At pretrial stage, majority of non-traffic offenses are investigated and processed by police without arrest

Prosecutors suspend without prosecution about half of the criminal cases

Even in cases going to trial, majority undergo summary proceedings rather than formal trial

Apology

Asking offender to apologize to victim is tactic police use to handle minor offenses

At pretrial stage, apology formally offered in informal setting can be both punishment for embarrassed offender and expression remorse to compensate vicitm

Corrections (1 of 2)

Many offenders are handled in the community, but few are actually supervised

Probation

Available only as a complement to a suspended execution of sentence

Supervision is by probation officers assisted by rehabilitation coordinators and volunteers

Parole

There is no right to parole or even to apply for it

Request is initiated by prison head on behalf of prisoner

Supervision is by same agents used for probation

Corrections (2 of 2)

Highly centralized, unified, and coordinated prison system

Penal institutions include adult and juvenile prisons with some designated for women

Sentenced inmates over age 60 have increased since 1990s and now about 12% of prison population

Inmates have opportunities for work, education, and rehabilitation

Incentive pay encourages work and provides post-release funds

Classes from elementary to college level match inmate needs and abilities

Rehabilitation ranges from general guidance to specific treatment programs

Learning From Comparative Studies

Borrowing is both possible and desirable

Not a question of whether countries can learn from each other, but how unfamiliar ideas can be made effective in a different setting

Example of police deployment

Japanese-style deployment seems possible in the U.S. because there is no compelling cultural factor inhibiting its use

Koban-like units may be (and are) showing potential in public housing projects, shopping malls, near transportation and community centers