White Paper on Crime, Part 3/Chapter 2/Section 1/2: Procedure in family courts. The same revisions made it easier for juveniles aged 16 and over at the time of the offence to be tried in an adult court if the offence involved the intentional killing of a person (Yoshinaka, 2010). Further, if an appeal is made, the higher courts have no saiban-in. These cases must be referred back to the Public Prosecutor, but only if a criminal sanction is deemed as appropriate based on what, in many jurisdictions, would be referred to as aggravating and mitigating circumstances. 164, 1947).14 Social welfare agencies can also refer juveniles directly to CSRSs, with parental permission, under Articles 26 and 27 under the Child Welfare Act without recourse to the Family Court. The most recent revisions to the Juvenile Law, in April 2014, were strongly supported by victims’ groups and resulted in the raised upper limit for custodial sentences for juveniles in (adult) District Courts from 15 to 20 years (Japan Times, 2014b; Nikkei Newspaper, 2014). (Cabinet Office. Juvenile Law Annotated (3rd ed.). “What Makes Gêmu Different? April 11, 2014. http://www.japantimes.co.jp/news/2014/04/11/national/stiffer-juvenile-law-enacted/#.U0vW9l7e5g1, Japan Times. Figure 3: Main categories of pre-delinquent offences, 2013. World Risk Society. As Figure 12 shows, in 2014 just over half (54,331; 52 percent ) of cases referred to the Family Court were dismissed without a hearing and no further criminal justice action was taken. While the emphasis was on the juvenile courts “protecting these ‘at risk’ children and preventing future criminal offenses” (Schwertfeger and Zimring, 2013, p. 11), it could also be regarded as net-widening, drawing vulnerable juveniles into the justice process rather than dealing with them directly through social work agencies. Next, we provide an extensive discussion about pre-delinquency and its contested impact on Japanese youth justice. No report is now required if guidance is given, but contacting parents or school is not considered necessary. 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. By focusing on its potential consequences, we also discuss what the future of youth justice in Japan would look like. Many states began taking … Police and Community in Japan. Taken at face value, this does seem to represent a high level of justice net–widening for young people where the discretional justice-without-trial (Skolnick, 1966) element of police practice has been formalized. There are three key justice agencies potentially involved in any juvenile justice event: the police who encounter and process young people; the Family (juvenile) Court; and the (adult) Public Prosecutor’s Office. Nissan Occasional Paper No. Much depends upon how the new Youth Criminal Justice Act is actually implemented. (2005–2014).White Paper on Crime, compiled from each year. Opinion Paper on Saiban-in Trials of Juvenile Cases Referred from Family Courts (January 19, 2012) http://www.nichibenren.or.jp/en/document/opinionpapers/20120315_2.html. Japanese youth justice has experienced several reforms to date. However, some authors (e.g., Kai, 2010; Lewis et al., 2009) tend to regard probation as diversion from a criminal justice sanction, which reflects that Japanese probation was founded on volunteering and that most interventions are still carried out by volunteer probation officers supervising juvenile offenders from their own homes (Lewis et al., 2009). 資料3-7 家庭裁判所終局処理人員（ぐ犯の態様別） (Ministry of Justice. (2) However, from Schwertfeger and Zimring’s (2013, p. 6) perspective, this is seen as a way to remove some personal blame from juveniles and ensure societal intervention and reintegration so that raising the child is a collective responsibility at the core of Japanese culture. The chapter closes with implications for practice and further readings. We conclude with offering research implications. “The Homicide Drop in Post War Japan.” Homicide Studies 12(1): 146–160.Find this resource: Kai, K. (2010). Although the Family Court is at the center of youth justice, it involves many social welfare elements. We feel it is important to stress the cross-national collaborative approach taken here, ensuring a high level of knowledge and understanding of the Japanese youth justice system, both from the inside and from a comparative perspective. University of Hawaii.Find this resource: Yoder, R. S. (2004). However, the term “semi-criminal” is vague and, as Yoder notes, protective measures were still used that placed poor youths in reformatories for pre-delinquent offences such as “living in improper homes,” vagrancy, idleness, or even “hanging around with the wrong people” (Yoder, 2011, p. 41). The local transition challenge of volunteer probation officers is described, followed by a case study of a relatively typical youth. Berkeley, CA: University of California Press.Find this resource: (1) Currently, a radical revision is under consideration: to lower the age of criminal majority from 20 years to 18 years. Much has therefore been made of the 2010 Inshinomaki case because it was the first juvenile homicide trial to involve the saiban-in (裁判員) or ‘lay judge’ system (introduced into the adult courts in May 2009) to pass a death sentence on a juvenile. U.S. Department of Justice, n.d., 85–109. Whether this results in net-widening, labelling, and establishing middle class norms and values for working class kids, or whether it results in creating collective responsibility for juveniles and preventing their exclusion, is a topic that will continue to be debated. 51–68]).Find this resource: 小西暁和「『非行少年』と責任能力（２）」早稲田法学85巻4号（2010）1頁 (Konishi, T. (2010b) ‘“Juvenile Delinquent” and Criminal Responsibility (2)’, Waseda Law Review 85 (4) [in Japanese] [pp. The Secretariat of the Justice System Reform Council.
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