Crime and Justice in Contemporary Japan


Book Description

This book provides an important overview of key criminology and criminal justice concerns in Japan. It highlights similarities between the practice of criminology research in Japan, as well as important differences, with other areas of Asia and with the West. In previous decades, Japan attracted international attention as the only industrialized country where the crime rate declined along with a rise in urbanization and economic development. Currently, Japan still enjoys a declining crime rate (the lowest among major industrialized countries) and a study of criminal justice practices in Japan may provide important insights for other regions. Japan also experiences important contemporary challenges which are shared by other regions: 1. Japan has the highest proportion of people over the age of 60 in the world. For criminology, this means key challenges in the victimization of older people, as well as the challenges of an aging prison population. 2. Besides the United States, Japan is the only developed country that still practices capital punishment, and its rate has been on the rise in the past 20 years. 3. Japan has also introduced new reforms in its law practice, including the introduction of new trial formats. The research in this book provides a helpful overview for scholars interested in criminology and criminal justice in Japan to understand the key issues of concern, and present a framework for future research needs. It will be of interest to researchers in criminology and criminal justice, international studies, Asian Studies, sociology, and political science.







Comparative Criminology in Asia


Book Description

This edited volume presents the diversity of comparative criminology research in Asia, and the complex theoretical and methodological issues involved in conducting comparative research. With contributors both from the West and the East exploring these questions, the Editors have created a balanced resource, as well as set an agenda for future research. The increasing pace of globalization means that researchers should be armed with an understanding of how criminal justice systems work across the world. In the past, comparative research largely compared Western countries to each other, or involve d researchers from a Western perspective examining an Asian country, with models and theories developed in the West considered to have universal applications. This work aims to correct that gap, by providing a critical examination of comparative research, presenting quantitative and qualitative research data, and asking new questions that challenge prevailing research norms and provide an agenda for future research. This work will be of interest for researchers across the field of Criminology, particularly those with an interest in International and Comparative Research, research on or about Asia, and related disciplines such as Sociology, Demography, and Social Policy. “This fine collection that goes to the rich distinctiveness of Asian criminology. The editors have brought together a wonderful collection of authors mainly from the region. The distinctiveness of values and relational practices in Asia are recurrent themes that are well developed in this book and help us to make sense of patterns of crime and criminal justice in Asia.” John Braithwaite, Australian National University “What theoretical, methodological, and practical issues must we confront in conducting cross-cultural studies encompassing Western and Asian countries? Comparative Criminology in Asia discusses these issues and presents exemplary comparative research. The introductory chapter and the introduction to each part by the co-editors are lucid and highly educational. This collection must be required reading for every serious scholar and aspiring graduate student in Asian countries so that criminological and criminal justice studies will be brought to a much higher level o f sophistication.” Setsuo Miyazawa, UC Hastings “Can there be – and should there be -- a distinctive Asian criminology? What would this involve? The answer depends on what one thinks of the universalistic explanatory claims of Western criminology. Will these claims become self- fulfilling as these societies add to colonial influences a more deliberate borrowing of criminal justice models and established ways of pursuing discipline of criminology? Or will a more critical spirit prevail? This welcome edited collection by Liu, Travers and Chang provides an excellent starting point for reflecting on these and other questions. Rather than attempting to provide descriptions of the variety of similarities and differences in this region (though there are some fascinating case studies of these) the focus is even more on exploring the theoretical approa ches and methodologies used in comparing institutional and cultural differences by Asian criminologists and others.” David Nelken, King’s College, London “Criminologists can no longer ignore the impact of globalization on the pattern and amount of crime as we experienced recently, nor can we ignore the global change of criminal justice policies to deal with crime. There is, therefore, a desperate need to collect data on how crime and criminal justice are influenced by globalization across Asian countries. On the other hand, there are debates on the issue of culture-specific vs. pan-culture theories of crime. This collection addresses both issues in an interesting way. Its publication is timely and welcome.” Chuen-Jim Sheu, National Taipei University




Offender Care and Support by Families in Contemporary Japan


Book Description

Because people’s contact with the criminal justice system comes in different shapes and forms, scholars are now broadening their analytical scope and examining the overall repercussions of criminal justice contact on families of offenders. Compared to Western societies, Japan is known for its lower crime rates and more pronounced use of informal social control. Thus, it offers a useful research site for examining how families in a low-crime society experience criminal justice contact and how they function as an integral part of the nation’s crime control mechanism. This book considers the role of the family in the lives of offenders and the criminal justice system in Japan. Looking particularly at gender and patriarchal power relations, it reveals how cultural notions of femininity prompt the criminal justice system to rely on women as its proxy. This book explores how families of offenders often step in to fill the voids left by criminal justice institutions and social services to provide offenders with all-inclusive care. The burden of supervising and rehabilitating offenders on top of the expectation to atone for the crimes also renders families ambivalent and ashamed. Whereas the state and criminal justice authorities tend to see offenders’ families as a crucial resource for prisoner reentry, this book highlights the necessity for addressing families’ needs before automatically assuming their support. It also pushes the boundaries of feminist criminology by showing how women can be affected by male criminality and male-dominated criminal justice institutions, other than as victims and offenders. An accessible and compelling read, this book will appeal to students and scholars of criminology, sociology, gender studies, Japanese culture and all those interested in learning more about the criminal justice system in Japan.




Examining Crime and Justice around the World


Book Description

A thorough and timely investigation of both well-established and emerging crime and punishment issues, this book provides readers with compelling examples of how different countries around the world confront these problems. This book offers a detailed look at 10 "hot topics" in crime and punishment that are shared by many countries. Some of these topics are well-established within the field of criminology, such as patterns of criminal behavior, juvenile delinquency, drug trafficking, policing, and punishment; others are emerging topics that have not been well studied across a variety of countries, such as violence against women, hate crimes, and gun control. Within each topic, the book explores how eight countries experience the issue, highlighting similarities across different places as well as unique treatments of the problem. The chapter on punishment addresses the widespread use of incarceration as criminal punishment but also considers different philosophies with respect to the purpose of incarceration and whether or not this strategy is effective in the face of large-scale criminal events, such as mass atrocities. The country narratives provide historical context for understanding the particular crime or punishment issue, current trends, and relevant statistical data for describing the extent of the issue and changes over time, in addition to contemporary examples of the issue.




True Crime Japan


Book Description

"This is a book I wish I'd written. It's brilliantly researched, full of detail and illuminating…" --Jake Adelstein, author of Tokyo Ice Uncover the shocking world of the Japanese courtroom. In a country where nearly all defendants plead guilty, the interesting part is what happens between the plea and the sentencing. In True Crime Japan, journalist and longtime resident of Japan Paul Murphy delves into a year's worth of criminal court cases in Matsumoto, a city located 140 miles to the west of Tokyo. The nine defendants in these cases range from ruthless mobsters to average citizens with a variety of methods and motives. Using court documents and interviews, Murphy makes a point of including the perspectives of the defendants, as well as those of their families, neighbors, and lawyers. He explores not only the motives of offenders but the culture of crime and punishment in Japan. The nine cases include: "Late in Life" -- A wealthy octogenarian is put in jail for stealing fried chicken "Mama's Boys" -- A disbelieving family unveils their son's role as a yakuza gangster. "Mother Killers" -- A middle-aged carpenter beats his 91-year old mother to death and goes to work the following day, leaving the body for his wife to find. True Crime Japan provides an unusual lens through which to view Japanese society and its emphasis on honor, shame, and conformity. Murphy's in-depth analysis of the court system reveals Japan to be, perhaps surprisingly, a land of true individuals.




Yamashita's Ghost


Book Description

"I don't blame my executioners. I will pray God bless them. " So said General Tomoyuki Yamashita, Japan's most accomplished military commander, as he stood on the scaffold in Manila in 1946. His stoic dignity typified the man his U.S. Army defense lawyers had come to deeply respect in the first war crimes trial of World War II. Moments later, he was dead. But had justice been served? Allan A. Ryan reopens the case against Yamashita to illuminate crucial questions and controversies that have surrounded his trial and conviction, but also to deepen our understanding of broader contemporary issues-especially the limits of command accountability. The atrocities of 1944 and 1945 in the Philippines-rape, murder, torture, beheadings, and starvation, the victims often women and children-were horrific. They were committed by Japanese troops as General Douglas MacArthur's army tried to recapture the islands. Yamashita commanded Japan's dispersed and besieged Philippine forces in that final year of the war. But the prosecution conceded that he had neither ordered nor committed these crimes. MacArthur charged him, instead, with the crime-if it was one-of having "failed to control" his troops, and convened a military commission of five American generals, none of them trained in the law. It was the first prosecution in history of a military commander on such a charge. In a turbulent and disturbing trial marked by disregard of the Army's own rules, the generals delivered the verdict they knew MacArthur wanted. Yamashita's lawyers appealed to the U.S. Supreme Court, whose controversial decision upheld the conviction over the passionate dissents of two justices who invoked, for the first time in U.S. legal history, the concept of international human rights. Drawing from the tribunal's transcripts, Ryan vividly chronicles this tragic tale and its personalities. His trenchant analysis of the case's lingering question-should a commander be held accountable for the crimes of his troops, even if he has no knowledge of them-has profound implications for all military commanders.




Beyond Victor's Justice? The Tokyo War Crimes Trial Revisited


Book Description

The aim of this new collection of essays is to engage in analysis beyond the familiar victor’s justice critiques. The editors have drawn on authors from across the world — including Australia, Japan, China, France, Korea, New Zealand and the United Kingdom — with expertise in the fields of international humanitarian law, international criminal law, Japanese studies, modern Japanese history, and the use of nuclear, chemical and biological weapons. The diverse backgrounds of the individual authors allow the editors to present essays which provide detailed and original analyses of the Tokyo Trial from legal, philosophical and historical perspectives. Several of the essays in the collection are based on the authors’ extensive archival research in Japan, Australia, the United States and New Zealand, providing rich insights into Japanese societal attitudes towards the Trial, biological experimentation by the Japanese Army in China, as well as the trial of Korean prison guards and prosecutions for rape and sexual assault in the post-war period. Some of the essays deal with particular participants in the Trial, examining the role of individual judges, and the selection of defendants and the decision not to prosecute the Emperor. Other essays analyse the Trial from a legal perspective, and address its impact on concepts such as command responsibility, conspiracy and war crimes. The majority of the essays seek to identify and address some of the ‘forgotten crimes’ in the Tokyo Trial. These include crimes committed in China and Korea (particularly the activities of the infamous Unit 731), crimes committed against comfort women, and crimes associated with the atomic bombings of Hiroshima and Nagasaki, the conventional firebombing of other Japanese cities and the illicit drug trade in China. Finally, the collection includes a number of essays which consider the importance of studying the Tokyo Trial and its contemporary relevance. These issues include an examination of the way in which academics have ‘written’ the Trial over the last 60 years, and an analysis of some of the lessons that can be drawn for international trials in the future.




The Tokyo Trial and War Crimes in Asia


Book Description

The book examines the process and the impact of the International Military Tribunal for the Far East (IMTFE), otherwise known as the Tokyo Trial, which was convened in 1946 to try the Japanese leaders accused of committing war crimes during World War II. Offering valuable research materials, it studies the lessons learned from the failed attempt after World War I, and the background and establishment of the IMTFE. It elaborates on the Charter, the Indictment, the Proceeding Records, and the Judgment of the IMTFE, with an emphasis on principles of international law and other legal questions, often with reference to the Nuremberg Trial. It also discusses the structure and different parts of the court organization, the selection and prosecution of Class-A war criminals, and the trial procedures especially those relating to evidence. The author’s personal experience and his criticism of certain aspects of the Tokyo Trial make it most insightful for the reader. From the perspective of a Chinese judge, this unique text brings in the dimensions of both international law and international relations, and allows us to measure the significance and legacy of the Tokyo Trial for contemporary international criminal justice. The author’s manuscript of this book was written in Chinese in the mid-1960s as part of a larger project, and was initially published in 1988. This is the first time that this book has been translated into English.




Punishment and Power in the Making of Modern Japan


Book Description

The kinds of punishment used in a society have long been considered an important criterion in judging whether a society is civilized or barbaric, advanced or backward, modern or premodern. Focusing on Japan, and the dramatic revolution in punishments that occurred after the Meiji Restoration, Daniel Botsman asks how such distinctions have affected our understanding of the past and contributed, in turn, to the proliferation of new kinds of barbarity in the modern world. While there is no denying the ferocity of many of the penal practices in use during the Tokugawa period (1600-1868), this book begins by showing that these formed part of a sophisticated system of order that did have its limits. Botsman then demonstrates that although significant innovations occurred later in the period, they did not fit smoothly into the "modernization" process. Instead, he argues, the Western powers forced a break with the past by using the specter of Oriental barbarism to justify their own aggressive expansion into East Asia. The ensuing changes were not simply imposed from outside, however. The Meiji regime soon realized that the modern prison could serve not only as a symbol of Japan's international progress but also as a powerful domestic tool. The first English-language study of the history of punishment in Japan, the book concludes by examining how modern ideas about progress and civilization shaped penal practices in Japan's own colonial empire.