1
Japan’s Criminal Justice Scenario Analysis
Japan’s Criminal Justice Scenario Analysis
Keith Blanc
April 6, 2024
School of Criminal Justice, Liberty University
2
Japan’s Criminal Justice Scenario Analysis
Table of Contents
Abstract……………………………………………………….….……..………………..3
Introduction………………………………………………….…….…….……………….4
Culture & Economy of Japan……………………………………………………………..4
Japan’s Government ……………………………………………………………….....…..6
Major Components of Japan’s Criminal Justice System……………………………..……6
Scenario – Caught lighting a jay after buying a dime bag from a juvie……………………10
Analysis of Criminal Justice System……………………………………………………….12
Human Rights……………………………………………………………………………….12
Conclusion ………………………………………………………..……………………..….13
Reference………….……………………………………………………..…………………14
3
Japan’s Criminal Justice Scenario Analysis
Abstract
The Japanese criminal justice system has been without crime for many years and has been an
example to many nations. Reasons for this however could be undergoing changes due to juvenile
delinquencies and greater push for woman rights and respect. The Japanese government is
modeled after that of the United States and part of the United Kingdom but far from it. The
Japanese police operate under the National Police Agency and have kobans which are small
police station located in all major cities. Police have broad powers and operate under a
centralized power system. Procurators are similar to prosecutors in the United States and also
have much broader power than prosecutors in the United States. The Emperor has powers greater
than that of the royal family in the United Kingdom, but operates such as they do and for show
mostly, as an image for the people mostly. Due to the Emperor having more control over the
nation, there is not the separation of power that the United States views vital to its rule of law.
Key Words: koban, juvenile delinquencies, procurators, national police agency, economy
4
Japan’s Criminal Justice Scenario Analysis
Introduction
Without abandoning their cultural identity, a type of early globalization in the form of
politics, influence, and the trading of ideas for control is perhaps a few significant reasons why
the Japanese country has found economic and societal successes in relation to crime compared to
other western countries. This analysis paper will look to why crime rates have stayed low in
Japan and how the criminal justice system there could be an example to other countries including
the United States. After World War II the United States (U.S.) helped rebuild Japan, which lead
to their strong focus on industry due to being unable to build a military again for many years to
follow. The U.S. President Abe Lincoln once said best, “Do I not destroy my enemies when I
make them my friend?” After the war and dust had settled as horrible as it was, the U.S. and
Japan became allies in the world stage helping both to prosper in the world. Now Japan is
knowns as being one of the world’s leading industrialized counties with one of the lowest crime
rates throughout the years, which may serve as a correlation as to what has helped and now
hurting their communities with increases in juvenile delinquencies.
Culture & Economy of Japan
The people of Japan come from a culture of discipline where they focus on this life over a
belief in an afterlife. This could potentially lead to a strong drive to them achieving success.
According to Terrill the dominant religions are Shintoism and Buddhism, but not held to
standards or beliefs with up to 80% not practicing any religion at all (Terrill, 2016, p. 217).
Without religion, there is not a focus on family traditional values, and thus a drive to work.
Areas of economic success and growth in Japan have included many areas over the years
and as of today it is what the world needs. According to Britannica, Japan’s service sector has the
most economic domestic gross domestic product output and employment and is one of the
5
Japan’s Criminal Justice Scenario Analysis
world’s largest motor vehicle and electronic producers (Jansen, 2024). According to Jensen
(2024) and other authors Japan has faced periods in their economy of economic downturn due to
labor shortages where low-skilled jobs were filled by temporary foreign workers.
These issues can lead to low level crime among other socioeconomic and social issues
within a country. The problem Japan faces of not enough workers is often due to the declining
birth rate as a phenomenon known there as shoushika (Respatiadi, 2024, p.3). The decline of
births continues to decline as shown in the image below provided by Respatiadi and other
authors from their article in 2024, Strategy for overcoming population growth problems in Japan,
where they highlight that Japan faces an economic problem due to population decline
(Respatiadi, 2024, p.8, 17). Due to the change of population, and problems associated including
economic and social, a different culture of youth are emerging who can potentially add to the
crime rate in Japan if not better understood.
6
Japan’s Criminal Justice Scenario Analysis
Japan’s Government
To best understand the people and culture, one must understand the system of
government in which they operate. The Constitution in Japan is modeled after the United States
by having executive, legislative, and judicial branches that operates similar in nature besides the
importance of having the distinction of separation of powers due to the emperor having absolute
and significant power over the other branches (Terrill, 2016, p. 218). Transitioning from having a
Shogun to having an Emperor and influence from Britain during the transition, the tradition of a
monarch still remains today. The transition is known as the Meiji Restoration and Japan’s
Constitution is viewed as “transitional document toward modernity” (Terrill, 2016, p. 2018).
Parts of the Government including many similarities to the United States. The Diet is
similar to the U.S. Legislature body making laws and consists of the house of Councilors, which
includes 242 members serving six-year terms. There is also a Cabinet similar to the U.S., and
political parties divided by socialist and conservative political policy issues (Terrill, 2016, p.
221). Similar to England however, their Prime Minster is selected by the House of
Representatives, and their Emperor comes from remaining royal family members there in Japan.
Major Components of Japan’s Criminal Justice System
Police in Japan are organized into a central power through the National Police Agency.
The agency is responsible to six members on the National Public Safety Commission who
answer to the Prime Minister. The National Police Agency is over the Regional Police Bureaus,
Metropolitan and Prefectural Public Safety Commissions or Police Organizations (Terrill, 2016,
p.225).
7
Japan’s Criminal Justice Scenario Analysis
Police patrol their areas known as kobans or police boxes, which have a history of
importance in regard to space. They are often located downtown, possibly in relation to Centric
Zone Theory where majority of crime is committed in larger populated areas (Snipes et al., 2016,
p.181). Alison Young states in her article, Architecture as affective law enforcement: Theorizing
the Japanese Koban, “In criminology and legal research, it has been recognized for some time
that architectural design influences the impact and experience of criminal justice” (Young, 2022,
p. 183). It is established that space and environments do play a role in how and when an
individual does or does not commit an act of crime. As criminal justice and criminology
continues to study how Japan is able to find success the U.S. and other countries can further
analyze greater developmental and interactive the theories as to what make individuals react to
changes in their environments (Snipes et al., 2016, p. 359).
Law in Japan is organized by a four-tier court system with five being in charge of all
legal proceedings. Japan like the U.S. has a Supreme Court with High Courts under them who
oversee District and Summary Courts. Family Courts deal with criminal cases only in regard to
juvenal cases who make up over 70% of the street crime (Terrill, 2016, p. 236, 243). Under
Japanese law, Police have broad powers under the Code of Criminal Procedure giving them
power to arrest without warrants, including refusal of bail to those being detained without legal
counsel leading to a recent decline in public trust by over 11% (Terrill, 2016, p. 232-233). Public
procurator, under Article 248 of the Constitution, can however suspend prosecution of cases due
to age, environment and circumstances of the individual for example, as well as conduct
additional investigations if needed (Terrill, 2016, p. 256, 258).
Interviewing a fellow Church Security work colleague of mine Benton Larson on April
4th, who worked as a former lawyer and prosecutor before serving 20 years in the FBI, told me
8
Japan’s Criminal Justice Scenario Analysis
about his experience and thoughts on Japanese procurator powers. He had one experience with
the National Police Agency and procurators when assisting them and others in taking custody of
and handing over a terrorist who in 1985 threw pipe bombs over the fence at a Japanese embassy.
When asked his opinion of Japanese process prosecuting crime compared to the U.S., he
answered by saying, “I am not sure how the case of that individual turned out, but in comparison
to the U.S., the prosecutor protects themselves by not becoming a witness and avoids being put
on the stand themselves” (Blanc, 2024). A clear point is made here that each part of the justice
system has a role, including the juries in both Japan and the U.S., however the Japanese system
perhaps embraces more of the philosophy that judges, juries, police, and procurators can be
collectively responsible for individual lives determined by acts of crime.
Correctional facilitations follow western philosophies and ideologies, with Japan and the
U.S. being the only “highly advanced industrialized countries that have retained capital
punishment” (Terrill, 2016, p.264). The Japanese focus specifically on retribution involving
disgrace and rehabilitation leading to chance for success in community rather than in extended
prison sentences (Terrill, 2016, p. 266-267). Prisons for foreigners are resigned to only three
facilities and are not up to standard living conditions where one may encounter a population of
up to 25% of organized prison gangs. Part of the known groups who are violent offenders in
Japan are bosozoku or motorcycle and car gangs with individuals ages 17-20 years old as stated
by Terrill. (Terrill, 2016, p. 279). According to Ohara and other authors, they studied how
correctional education on juvenile delinquents significantly improved ‘academic performance’
and ‘resilient characteristics’ upon their release (Ohara, 2019). Industrialization has led to Japan
having very skilled and educated workers leaving the rising generation unable to join and be a
apart of the economy including the culture.
9
Japan’s Criminal Justice Scenario Analysis
Japan could start to face problems with increase in crime rates due to foreseeable
problems in the near future regarding their youth and a change in cultural perspectives. In a
recent article from The Japan News titled, Individuals Charged in Marijuana – related Cases Hit
Record-High in 2023; 73.5% of Offenders in 20’s or Younger, highlight the growing concern
Japan is facing, and possibly others concerning crime by stating the record high of 6,482
individuals in Japan being charged (Japanese News, 2024). Although crime is actually decreasing
in Japan, the public opinion is that it is rising and doing so steadily among the youth. The image
below, while taken from survey conducted by Japan’s Cabinet Office in 2015, still offers
highlights into the perceptions of the people. As seen in figure 1, Japan’s public view is that
juvenile crime is increasing (Udagawa, 2023, p. 5).
Based on another and more recent survey, data shows that juvenile delinquency is in fact
decreasing as of 2021.
10
Japan’s Criminal Justice Scenario Analysis
As shown and mentioned by Udagawa (2023), data from the article White Paper on
Crime 2021 by the Ministry of Justice and the Overview of Juvenile Probation and Protection by
the National Police Agency in 2022 say differently from the survey in figure 1 (Udagawa, 2023,
p. 6). As stated by Udagawa, Okabe (2015) mentioned that statistical data is debatable due to the
lack of data on repeat offenders in Japan and laws protecting identities of juvenile delinquencies
making information gathering difficult for research purposes, as such is the issue in the U.S. as
well (Udagawa, 2023, p. 9). Problems similar to the U.S. can possibly be correlated to either
disinformation and the false perceptions on severity or the amount of crime spun by media
outlets and or to the lack of cognitive information by viewers.
Scenario – Caught lighting a jay after buying a dime bag from a juvie
For scenario purposes… while on vacation to Japan I bought a bag of marijuana from a
juvenile who I did no was under considered to be due to him being 20 years old technically and
at bar where he offered to sell me the bag of drugs. I was arrested without mention of why by the
police and put into jail without the option of bail or a lawyer at the time; remembering my class
11
Japan’s Criminal Justice Scenario Analysis
though and I knew if I pled not guilty, I would only then get my chance to make an opening
statement in court and present evidence for my case. Me not speaking Japanese and thinking I
was buying loose leaf tobacco was my statement. No witness was present other than the seller
who it then became my word against his. Due to me not having an arrest record and him having
one, I was able to support my character in better light during questioning stating, that I was a part
time missionary with my wife for years with the Addiction Recovery Program teaching how to
avoid drugs and turn to Christ. I showed them the picture below from my phone, making my case
immediate where they reduced my sentence to being only a miner case having to only pay a fine
of 500,000 yen or just over $3,000.
12
Japan’s Criminal Justice Scenario Analysis
Analysis of Criminal Justice System
The criminal Justice System in Japan is a blend of western and easter tradition based on
their society that makes it work more than anything. In summary Terrill concludes by saying,
“the public views the agents of the administration of justice as enforcers of both law and social
morality” … and suggests “there appears to be a great degree of cooperation between the various
components” (Terrill, 2016, p283-284). This statement however can be argued, due to it now
being 8 years later and after the significant world, economic, and social factors Japan is currently
facing and gone through changing the relationship between government and citizenry and even a
shift in their culture. Even just four years after Terrill published his book, COVID-19 devastated
the world and impacted Japanese women resulting in greater suicide rates. One study suggested
that women of Japan were committing suicide 20-30% more in 2020 than in previous years and
state, “the magnitude of the suicide burden during COVID-19 is very significant” (Nomura,
2020, p. 3). They do not relate to the world around them. Japan’s criminal justice system, in my
opinion has been based on traditional values and due to technology, modernization, and
globalization has caused their cultural norms to decline leading to changes by mitigation in crime
sooner or later.
Human Rights
In regard to a changing culture and foreseen issues particularly with women and juveniles
in Japan, sexual harassment is not being addressed. As stated by Pang and Tomlinson (2022),
news reports sexual harassment but media outlets portray it comical (Pang, Tominson, 2022, p.
1). The U.S. movement #MeToo sparked great interest around the world including in Japan
where it has inspired organizers to bring awareness to sexual assault in Japan (Lilja, 2021, p.17).
As awareness continues to grow on the effects of not only individuals but societies and even
13
Japan’s Criminal Justice Scenario Analysis
nations when in regard to violent crime such as sexual assault or even reaction to criminal use of
drug use of nonviolent offenders a better worldview by Japan will emerge making them the
better for it both as a society and as a culture. The scriptures say in Deuteronomy, “but unto the
damsel thou shalt do nothing; there is in the damsel no sin worthy of death,” meaning to sin
against a woman by sexual assault or even out of wedlock is not worth it in the eyes of God.
(King James Bible, 1769/2017, Deuteronomy 22:26).
Conclusion
Japan is currently facing issues of economic shifts among it’s a percentage of its young
adults and women who are experiencing cultural struggles. These could possibly lead to potential
crimes or changes in the political structure and nature of the country that a portion of Japan’s
population is fighting for. It will be increasingly important to see how the rate of crime increases
or decreases and if the government is willing to share the information they collect, by being a
centralized power without the checks and balances we here in the U.S. are often unaware of. It is
the people of Japan who have made it a country that has stood out among others by having such
low crime rates due to their nature and discipline.
14
Japan’s Criminal Justice Scenario Analysis
References
Blanc, K. (2024, April 4). Interview with Benton Larson.
Do I not destroy my enemies when I make them my friends?. Abraham Lincoln: Do I not destroy
my enemies when I make them my friends? (n.d.). https://www.quotes.net/quote/38370
Jansen, M., Hurst, G. C., Notehelfer, F. G., Hijino, S., Tsuji,. C., (2024, February 22), Accessed
(2024, April 5). Japan.Encyclopedia Britannica.
https://www.britannica.com/place/Japan
Japanese News, (2024, March 22). Individuals charged in marijuana-related cases hit record-
high in 2023; 73.5% of offenders in 20s or younger. The Japan News by The Yomiuri
Shimbun. https://japannews.yomiuri.co.jp/society/crime-courts/20240321-175922/
King James Bible. (2017). King James Bible
Online.https://www.kingjamesbibleonline.org/(Original work published 1769)
Lilja, M. (2021). Pushing resistance theory in IR beyond ‘opposition’: The constructive
resistance of the #MeToo movement in Japan. Review of International Studies, 48(1), 149–
170. https://doi.org/10.1017/s0260210521000541
Ohara, T., Matsuura, N., Hagiuda, N., & Wakasugi, N. (2019). The effects of correctional
education on juvenile delinquents and the factors for their overall changes: Focusing on
academic performance and family‐type environment. Child & Family Social Work,
25(2), 401–411. https://doi.org/10.1111/cfs.12696
Nomura, S., Kawashima, T., Yoneoka, D., Tanoue, Y., Eguchi, A., Gilmour, S., Kawamura, Y.,
Harada, N., & Hashizume, M. (2021). Trends in suicide in Japan by gender during the
15
Japan’s Criminal Justice Scenario Analysis
COVID-19 pandemic, up to September 2020. Psychiatry Research, 295, 113622.
https://doi.org/10.1016/j.psychres.2020.113622
Respatiadi, F., Jalaluddin, M., & Munandar, A. (2024). Strategy for overcoming population
growth problems in Japan. Al Qalam: Jurnal Ilmiah Keagamaan Dan Kemasyarakatan,
18(3), 1978. https://doi.org/10.35931/aq.v18i3.3498
Snipes, J. B., Bernard, T. J., & Gerould, A. L. (2019). Vold’s theoretical criminology (8th ed.).
Oxford University Press.
Terrill, R. J. (2016). World Criminal Justice Systems: A comparative survey (9th ed.). Routledge.
Udagawa, Y. (2022). We don’t become adults, but are told to be adults: The emergence of
adultification in Japan. International Journal for Crime, Justice and Social Democracy.
https://doi.org/10.5204/ijcjsd.2450
Xilun Pang, H., & Tomlinson, M. K. (2022). The trivialization of sexual harassment in Japanese
mascot culture: Japanese audience responses to YouTube videos of kumamon. Feminist
Media Studies, 23(7), 3533–3549. https://doi.org/10.1080/14680777.2022.2126872
Young, A. (2022). Architecture as affective law enforcement: Theorising the Japanese koban.
Crime, Media, Culture: An International Journal, 18(2), 183–202.
https://doi.org/10.1177/1741659021993527
