Table Of ContentResearch in Criminology
Series Editors
Alfred Blumstein
David P. Farrington
Research in Criminology
Understanding and Controlling Crime: Toward A New Research Strategy
David P. Farrington, Lloyd E. Ohlin and James Q. Wilson
The Social Ecology of Crime
J.M. Byrne and RJ. Sampson (Eds.)
The Reasoning Criminal: Rational Choice Perspectives on Offending
Derek B. Cornish and Ronald V. Clarke (Eds.)
The Social Contexts of Criminal Sentencing
Martha A. Myers and Susette M. Talarico
Predicting Recidivism Using Survival Models
Peter Schmidt and Ann Dryden Witte
Coping, Behavior, and Adaptation in Prison Inmates
Edward Zamble and Frank J. Porporino
Prison Crowding: A Psychological Perspective
Paul B. Paulus
Off In Court: An Experimental and Psychiatric Investigation
Schoo~
of Severe School Attendance Problems
I. Berg, I. Brown and R. Hullin
Policing and Punishing the Drinking Driver:
A Study of General and Specific Detemmce
Ross Homel
Judicial Decision Making, Sentencing Policy, and Numerical Guidance
Austin Lovegrove
Criminal Behavior and the Justice System: Psychological Perspectives
Hermann Wegener, Friedrich LOsel and Jochen Haisch (Eds.)
Male Criminal Activity from Childhood Through Youth:
Multilevel and Developmental Perspectives
Marc Le Blanc and Marcel Frechette
continued after index
Minoru Shikita Shinichi Tsuchiya
Crime and Criminal Policy
in Japan
Analysis and Evaluation of
the Showa Era, 1926-1988
Springer-Verlag
New York Berlin Heidelberg London Paris
Tokyo Hong Kong Barcelona Budapest
Minoru Shikita
President, Research and Training Institute, Ministry of Justice, Chiyoda-ku, Tokyo,
Japan
Shinichi Tsuchiya
Director, Research Department, Research and 1iaining Institute, Ministry of Justice,
Chiyoda-ku, Thkyo, Japan; formerly Chairman, United Nations Committee on Crime
Prevention and Control
Series Editors:
Alfred Blumstein
School of Urban and Public Affairs, Carnegie-Mellon University, Pittsburgh, PA 15213,
USA
David P. Farrington
Institute of Criminology, University of Cambridge, Cambridge CB3 9DT, United King
dom
Printed on acid-free paper.
© 1992 Springer-Verlag New York, Inc.
Softcover reprint of the hardcover lst edition 1992
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The use of general descriptive names, trade names, trademarks, etc., in this publication, even if the
former are not especially identified, is not to be taken as a sign that such names, as understood by the
Thlde Marks and Merchandise Marks Act, may accordingly be used freely by anyone.
Production managed by Linda H. Hwang.
987 6 S 432 1
ISBN-13: 978-1-4612-7682-1 e-ISBN-13: 978-1-4612-2816-5
DOl: 10.10071978-1-4612-2816-5
v
PREFACE
The Showa Era in Japan commenced in December 1926, when Emperor
Showa ascended the Throne, and came to an end in January 1989, when His
Majesty passed away, ushering in the new Heisei Era. The Showa Era was
marked by drastic changes in the economy, society, and political and legal sys
tems, which brought about an ebb and flow in criminality and precipitated
various criminal policies. From an economical, political, and criminological
perspective, the Showa Era stands out as a remarkable period in Japanese his
tory.
The Research and Training Institute of the Ministry of Justice, which has
annually published the White Paper on Crime in Japan since 1960, received
Cabinet approval to introduce a special topic section, "Criminal Policy in Sho
wa" in the White Paper for 1989, which was published in October the same year.
This White Paper is the first comprehensive publication that deals not only with
the crime situation but also with the various activities of the criminal justice
system, including the police, public prosecutors' offices, courts, correctional
institutions, and probation and parole supervision organisations for 63 years.
Preparing for the Paper involved a difficult task to analyse various statistical
data and to look for appropriate materials regarding legislation and administra
tion from the archives of the Ministry of Justice, the Supreme Court, and the
Diet. Since the categories, methodologies, and standards of statistics have
changed somewhat over time, it was also a troublesome task to adjust, equate,
and recalculate relevant data so as to analyse them in a consecutive and consis
tent manner.
After the Paper had been widely circulated and well received in Japan, it
was strongly felt that this very unique compilation and analysis of the 63-year
history of the crime and criminal justice system in Japan would also be useful
and interesting for officials and scholars in other parts of the world. Thus, it was
decided to publish the relevant part of the Paper in English. It was therefore
edited, compiled, and supplemented further in order to facilitate a better under
standing among readers who are unfamiliar with the Japanese legal system.
A review of the Showa Era reveals that it may be roughly divided into three
periods, namely the prewar and war period from 1926 to 1945, the postwar
period from 1945 to 1960, and the recent period from 1960 to 1989.
In the beginning of the prewar period, the democratic principles of govern
ment were an inherited legacy from the preceding Taisho Era, in which two large
vi PREFACE
political parties emerged. The acute economic conditions surrounding the Great
Depression, including bankruptcies and food shortages, aggravated people's liv
ing standards in the late 1920s and early 1930s. The worsening social conditions
bolstered the military power in politics, and the resulting shift in mood and
political structure became dominated by fascism and militarism. The military
oriented government waged the Manchurian Incident in 1931; the China-Japan
Incident in 1937; and finally entered World War II in 1941. The atomic bombing
of Hiroshima and Nagasaki signaled Japanese defeat in the war in which nearly
3 million Japanese had perished.
The incidence of crime had fluctuated in accordance with the changes
occurring in socio-economic conditions. Almost all categories of crime rose
during the period of economic depression and political instability in the mid-
1930s. Crime, however, decreased during wartime, 1937-1945, as the population
was preoccupied with the war effort.
With regard to the postwar period, almost all the metropolitan areas had
burnt to the ground and many industries that had fueled the prewar economy
had been destroyed at the end of war. Japan was restored to life as a peace
loving, democratic nation from the ashes of devastation after the war. In the
early postwar years, most Japanese were absorbed in overcoming the chronic
shortages of food and daily necessities and fighting spiraling inflation. During
this period of confusion and chronic shortage, crime was rampant and the social
order eroded. The Japanese economy recovered gradually through the recon
struction. Social order was likewise restored with improvements in standards of
living and reinforcement of law. After the Peace Theaty was concluded in San
Francisco in 1951, Japan rejoined the international community in 1956, when
United Nations membership was approved.
Crimes, especially robbery, larceny and violent crimes, increased dramati
cally during the chaotic period immediately after the war. Reported crime, how
ever, gradually decreased as industry recovered and social order was restored in
the 1950s.
With respect to the recent period, from the 1950s onward, Japan's econo
my has achieved rapid progress through the development of new industries and
expansion of international trade. Although economic recessions have occurred
during the two "oil shocks," the economy swiftly recovered and developed till the
present stage.
During this period, rapid industrialization and urbanization have brought
about a rise in certain offences, such as traffic-related infractions, minor proper
ty crime, and more recently, stimulant drug offences. Japan is considered to be
one of the safest countries in the world, where most crimes, including serious
and violent crimes and sex offences, are declining. Yet Japan still faces the
persistent problems of juvenile delinquency, gang-related crime, stimulant drug
abuse, and criminal recidivism.
Criminal policies throughout the Showa Era changed in accordance with
the conditions of crime, the legal system, fundamental philosophies concerning
crime prevention, and the treatment of offenders. From the beginning of the war
PREFACE vii
period, the particular emphasis has been placed on the suppression of crime and
the maintenance of social order, through the wide use of summary proceedings
of disposition for minor offences by the chiefs of police stations, punishment of
political offenders under the Maintenance of Public Order Law, and severe
punishment imposed through summary trial procedures under the Special War
time Criminal Law.
After the war, many of these extraordinary legislations and practises were
eradicated as old ordinances were abolished and new statutes were enacted under
the new Constitution. Adequate measures have been taken to maintain social
order and at the same time to protect the human rights of the accused. In the
postwar period, criminal policies have been significantly improved, the treat
ment measures of offenders in the community have been widely expanded, and
institutional treatment of offenders has become more humane and scientific.
Thus, throughout the Showa Era the pendulum has swung widely between
extremes of totalitarianism and democracy, war and peace, poverty and afflu
ence, and social disorder and order. During the Showa Era, society experienced
numerous and diverse forms of criminality and implemented effective counter
measures to overcome them. Although the rapid social change precipitated by
industrialization and urbanization has widely been believed to be criminogenic,
Japan has realized one of the safest societies in the world despite its rapid
economic development.
The overall criminal policies in the Showa Era, especially after the war,
may be considered to be successful. An analysis of crime and criminal policies in
the Showa Era may therefore reveal the significant factors that had contributed
to the low crime rate in Japanese society. Since Japan has experienced various
stages of socio-economic development with diversified criminality, countries at
different stages of development may find positive or negative examples fit for
their respective criminal policies from some parts of Japanese experience. This
text describes, analyses, and considers the crime phenomena with regard to the
treatment of offenders, criminal law, organisation of criminal justice systems,
correctional programmes, etc., during the 63 years of the Showa Era. It is our
sincere hope that this publication would prove useful to criminal justice person
nel, criminologists, and other persons concerned with crime prevention and the
treatment of offenders throughout the world community.
By way of our acknowledgement, we would like to express our most sincere
appreciation to the Miyazawa Foundation for Criminal Policy and Victim Study,
Professor Koichi Miyazawa of Keio University and the Asia Crime Prevention
Foundation for their financial support and encouragement given for the publica
tion of this book. We also wish to extend our most cordial thanks to the Japan
Criminal Policy Society for its undertaking concerning the publication of this
book heartily. Our grateful acknowledgement is tendered to the Honourable
Atsushi Nagashima, former justice of the Supreme Court, who is currently the
Executive Director of the Asia Crime Prevention Foundation, for his valuable
contribution in giving precise advice to the staff of The Daily Yomiuri on legal
matters concerning procedures, terminology, and the law itself. Without their
viii PREFACE
invaluable contributions this publication would not have been realized. Finally,
we express our deep gratitude to the staff members of The Daily Yomiuri for
their difficult and time-consuming work of translating the Japanese draft into
English.
For the convenience of those readers who are not familiar with the Japa
nese criminal justice system, the Introduction contains an overview. We grateful
ly acknowledge the valuable contribution of Professor B.J. George of New York
Law School in this regard.
Minoru Shikita
Shinichi Tsuchiya
ix
NarES
1. The term Penal Code offence means offence prescribed in the following laws:
a) Penal Code;
b) Explosives Control Law;
c) Law on Duelling;
d) Law for the Punishment of Acts of Violence, etc.;
e) Law Concerning the Prevention and Punishment of Burglary, Theft,
etc.;
f) Law for the Punishment of Crimes of Tax Stamps;
g) Law Concerning Punishment of Unlawful Seizure of Aircraft;
h) Law for the Punishment of Crimes Relating to Environment;
Pollution Which Adversely Affects the Health of Persons;
i) Law Concerning Punishment of Acts Endangering Air Navigation;
j) Law for the Punishment of Compulsion and other Related Acts Com
mitted by Those Having Taken Hostages
2. The term Special Law offence means an offence prescribed in penal provi
sions other than the laws given above.
3. The term professional negligence means professional or gross negligence
causing death or bodily injury.
4. The term traffic professional negligence means professional or gross negli
gence causing death or bodily injury by traffic accident.
5. The term road-traffic violation means violation of the Road Traffic Law or
the Law Concerning Places to Keep Automobiles, etc.;
6. The basic Penal Code offence categories enumerated in note 1 include the
following types of offence variations:
a) attempt;
b) preparation;
c) instigation and assistance;
d) offences resulting in death or bodily injury;
e) aggravated forms of offences prescribed in the Law Concerning the
Prevention and Punishment of Burglary, Theft, etc.
For example, robbery includes attempted robbery (Art.243), preparation
for robbery (Art.237), instigation of robbery (Articles 61 and 236), assistance in
robbery (Articles 62 and 236), robbery resulting in injury (Art.240), and robbery
resulting in death (Art.240), unless noted otherwise in figures or tables.
x NOTES
7. The following Penal Code offence categories include the specific offence
categories given below:
a) homicide: participation in suicide (Art.202);
b) robbery: murder in the course of robbery (Art.240) and rape in the
course of robbery (Art.241);
c) bodily injury: encouragement of bodily injury (Art.206);
d) intimidation: compulsion (Art.223);
e) obstruction of the performance of an official duty: compelling of the
performance of an official duty (Art.95, Para, II) and destruction of
seals, etc. (Art.96); and
f) forgery and counterfeiting: forgery of various documents, making a
false entry in an officially authenticated instrument, etc., and the utter
ing of these forged documents, etc. (Articles 154 through 161).
(The articles enumerated in notes 6 and 7 are those of the Penal Code.)
8. - in Tables means zero in number or not applicable, ... in Tables means
unknown.
9. Abbreviations used in figures and tables:
Cannabis Cannabis Control Law
Firearms and swords Law Regulating the Possession of Guns, Swords,
etc.
IT.S. Juvenile Training School
Narcotics Narcotics Drugs Control Law
Poisonous substances Poisonous and Injurious Substances Control Law
Professional negligence Professional or gross negligence causing death
or bodily injury
Prostitution Anti-Prostitution Law
Public morals Law to Control Business Affecting Public Morals
Stimulant drugs Stimulant Drugs Control Law
Violent acts Law Concerning the Punishment of Acts of Vio
lence, etc.
