Public order and internal security in Japan
Encyclopedia
Conditions of public order in Japan
compare favorably with those in other industrialized countries. The overall crime rate is low by North American and West European standards and has shown a general decline since the mid-1960s. The incidence of violent crime
is especially low, due mainly to pervasive social pressure and conditioning to obey the law. Problems of particular concern are those associated with a modern industralized nation, including juvenile delinquency
, traffic control, and white-collar crime
.
s occurred beginning in the early 1950s, chiefly in Tokyo
, but did not seriously threaten the internal security
of the state
. Far less frequent after the early 1970s, they were in all cases effectively countered by efficient and well-trained police units employing the most sophisticated techniques of riot control
.
). They are checked by an independent judiciary and monitored by a free and active press. The police are generally well respected and can rely on considerable public cooperation in their work. While police are well-trained, they generally have little practical experience outside of writing tickets or answering an occasional domestic dispute.
against the suspect or release him. Anybody can be arrested, and held for up to 23 days before being charged with a crime.
When a suspect is arrested, he is informed of two rights, analogous to Miranda rights. The first is the right to remain silent. The second is the right to have an attorney at the trial. The suspect does not have the right to see an attorney before trial or have one present during interrogation sessions. If a suspect can not afford an attorney, one will not be appointed; there are no public defender
s in the Japanese legal system.
Prosecutors in Japan do not generally go to trial unless they have overwhelming evidence of guilt. Because of this tendency, they decline to prosecute nearly a quarter of all cases. For those that go to trial, Japanese prosecutors hold a conviction record of about 98%. These patterns contribute to public perceptions of the infallibility of the police and the legal system, and the perception that if a person is arrested, he or she must be guilty of the crime.
are usually highly trained professionals interested in preventing crime and rehabilitating offenders. They are allowed considerable discretion in dealing with legal infractions and appear to deserve the trust and respect accorded to them by the general public. Constitutionally guaranteed rights of habeas corpus
, protection against self-incrimination
, and the inadmissibility of confessions obtained under duress are enforced by criminal procedures.
The prison system
is generally modern and conducted from the viewpoint of resocialization
. Prisoners are treated on an individualized basis, and education is emphasized. Special attention is given to juvenile offenders, who are normally housed separately from adult prisoners. A well-organized parole and probation program employs numerous citizen volunteers.
Japan
Japan is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...
compare favorably with those in other industrialized countries. The overall crime rate is low by North American and West European standards and has shown a general decline since the mid-1960s. The incidence of violent crime
Violent crime
A violent crime or crime of violence is a crime in which the offender uses or threatens to use violent force upon the victim. This entails both crimes in which the violent act is the objective, such as murder, as well as crimes in which violence is the means to an end, such as robbery. Violent...
is especially low, due mainly to pervasive social pressure and conditioning to obey the law. Problems of particular concern are those associated with a modern industralized nation, including juvenile delinquency
Juvenile delinquency
Juvenile delinquency is participation in illegal behavior by minors who fall under a statutory age limit. Most legal systems prescribe specific procedures for dealing with juveniles, such as juvenile detention centers. There are a multitude of different theories on the causes of crime, most if not...
, traffic control, and white-collar crime
White-collar crime
Within the field of criminology, white-collar crime has been defined by Edwin Sutherland as "a crime committed by a person of respectability and high social status in the course of his occupation" . Sutherland was a proponent of Symbolic Interactionism, and believed that criminal behavior was...
.
Post World War II
Civil disorderCivil disorder
Civil disorder, also known as civil unrest or civil strife, is a broad term that is typically used by law enforcement to describe one or more forms of disturbance caused by a group of people. Civil disturbance is typically a symptom of, and a form of protest against, major socio-political problems;...
s occurred beginning in the early 1950s, chiefly in Tokyo
Tokyo
, ; officially , is one of the 47 prefectures of Japan. Tokyo is the capital of Japan, the center of the Greater Tokyo Area, and the largest metropolitan area of Japan. It is the seat of the Japanese government and the Imperial Palace, and the home of the Japanese Imperial Family...
, but did not seriously threaten the internal security
Internal security
Internal security, or IS, is the act of keeping peace within the borders of a sovereign state or other self-governing territories. generally by upholding the national law and defending against internal security threats...
of the state
Sovereign state
A sovereign state, or simply, state, is a state with a defined territory on which it exercises internal and external sovereignty, a permanent population, a government, and the capacity to enter into relations with other sovereign states. It is also normally understood to be a state which is neither...
. Far less frequent after the early 1970s, they were in all cases effectively countered by efficient and well-trained police units employing the most sophisticated techniques of riot control
Riot control
Riot control refers to the measures used by police, military, or other security forces to control, disperse, and arrest civilians who are involved in a riot, demonstration, or protest. Law enforcement officers or soldiers have long used non-lethal weapons such as batons and whips to disperse crowds...
.
Police
Japan's police are an apolitical body under the general supervision of independent agencies, free of direct central government executive control (cf. National Police Agency (Japan)National Police Agency (Japan)
The is an agency administered by the National Public Safety Commission of the Cabinet Office in the cabinet of Japan, and is the central coordinating agency of the Japanese police system....
). They are checked by an independent judiciary and monitored by a free and active press. The police are generally well respected and can rely on considerable public cooperation in their work. While police are well-trained, they generally have little practical experience outside of writing tickets or answering an occasional domestic dispute.
Legal process of arrest
When a person is suspected of a crime, the police can hold him for up to three days before initiating an investigation. The police must obtain approval from the prosecutor's office for a ten day investigation. If, after ten days, the police are not satisfied with the investigation, they may request an additional ten days from the prosecutor and a judge. These requests are rarely denied. Bail is rarely granted during this time, and only during extreme mitigating circumstances, as when a child or elder relative depends on the suspect for daily care. After the second ten-day period, the prosecutor must bring an indictmentIndictment
An indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...
against the suspect or release him. Anybody can be arrested, and held for up to 23 days before being charged with a crime.
When a suspect is arrested, he is informed of two rights, analogous to Miranda rights. The first is the right to remain silent. The second is the right to have an attorney at the trial. The suspect does not have the right to see an attorney before trial or have one present during interrogation sessions. If a suspect can not afford an attorney, one will not be appointed; there are no public defender
Public defender
The term public defender is primarily used to refer to a criminal defense lawyer appointed to represent people charged with a crime but who cannot afford to hire an attorney in the United States and Brazil. The term is also applied to some ombudsman offices, for example in Jamaica, and is one way...
s in the Japanese legal system.
Prosecutors in Japan do not generally go to trial unless they have overwhelming evidence of guilt. Because of this tendency, they decline to prosecute nearly a quarter of all cases. For those that go to trial, Japanese prosecutors hold a conviction record of about 98%. These patterns contribute to public perceptions of the infallibility of the police and the legal system, and the perception that if a person is arrested, he or she must be guilty of the crime.
Penal System
Officials involved in the criminal justice systemCriminal justice system of Japan
Three basic features of Japan's system of criminal justice characterize its operations. First, the institutions—police, government prosecutor's offices, courts, and correctional organs—maintain close and cooperative relations with each other, consulting frequently on how best to accomplish the...
are usually highly trained professionals interested in preventing crime and rehabilitating offenders. They are allowed considerable discretion in dealing with legal infractions and appear to deserve the trust and respect accorded to them by the general public. Constitutionally guaranteed rights of habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
, protection against self-incrimination
Self-incrimination
Self-incrimination is the act of accusing oneself of a crime for which a person can then be prosecuted. Self-incrimination can occur either directly or indirectly: directly, by means of interrogation where information of a self-incriminatory nature is disclosed; indirectly, when information of a...
, and the inadmissibility of confessions obtained under duress are enforced by criminal procedures.
The prison system
Penal system of Japan
The Penal system of Japan is part of the criminal justice system of Japan. It is intended to resocialize, reform, and rehabilitate offenders...
is generally modern and conducted from the viewpoint of resocialization
Resocialization
Resocialization is defined as radically changing an inmate’s personality by carefully controlling the environmentKey examples include the process of resocializing new recruits into the military so that they can operate as soldiers and the reverse process, in which those who have become accustomed...
. Prisoners are treated on an individualized basis, and education is emphasized. Special attention is given to juvenile offenders, who are normally housed separately from adult prisoners. A well-organized parole and probation program employs numerous citizen volunteers.