In the past 13 years, Japan has been experiencing a boom in volunteering activities aimed atcrime prevention; as close to 3,000,000 Japanese citizens have involved themselves in... Show moreIn the past 13 years, Japan has been experiencing a boom in volunteering activities aimed atcrime prevention; as close to 3,000,000 Japanese citizens have involved themselves in volunteeringactivities with this aim. This article firstly examines how such a boom has come about.It secondly addresses the ways in which volunteers represent their own activities and theirreasons for engaging in and continuing with these activities. The article finally addresses theimpact of volunteering activities on the neighborhoods in which they are undertaken, as well asimplications of article findings for discussions on neighborhood watch programs in non-Japanesecontexts. This article is based on participant observation, interviews with and material producedby members of three volunteering groups as well as members of local governments and thepolice.The crime prevention volunteering boom has been largely conceptualized and orchestrated bythe Japanese police in close cooperation with the local government and neighborhood associations.Volunteers' activities are as a result informed and influenced by criminological theories,concepts and research, while also embedded in more general (local) government “town building”efforts aimed at creating a living environment in which people can lead healthy lives whilefeeling safe and secure. Volunteers phrased their motivation in terms of both such town buildingidea(l)s and the threat of crime. They represented crime as existing outside of the neighborhood,and as both effectively impacted by volunteering activities and immutably threatening. While theimpact of volunteering activities on crime rates is difficult to assess, these activities in any caseprovide opportunities for increased social interaction and physical activity, while also resultingin spaces in which the neighborhood's eyes are always watching. Show less
This article addresses implications of Setsuo Miyazawa’s work for debates on Asian and Southern criminology, that have drawn attention to mainstream criminology’s regional bias, and the... Show moreThis article addresses implications of Setsuo Miyazawa’s work for debates on Asian and Southern criminology, that have drawn attention to mainstream criminology’s regional bias, and the importance of criminological studies on Asian/ Southern contexts for criminology’s further development. Miyazawa’s work shows how in depth analyses of and familiarity with the research topic at hand allow for an internationally engaging employment of general theoretical concepts, leading to new insights into specific Japanese contexts as well as cross-national, general theoretical understandings of crime and criminal justice related phenomena. Bringing into focus Asian criminology’s inherent comparative dimension, the article argues that a commitment to a shared conceptual language is indispensable, as is a wide circulation of studies on Asian contexts in international academic fora. Show less
In 2008, a victim participation system was introduced in Japan, whichenabled crime victims to participate in criminal proceedings. One of the goals of the systemwas to correct the wrong done to... Show moreIn 2008, a victim participation system was introduced in Japan, whichenabled crime victims to participate in criminal proceedings. One of the goals of the systemwas to correct the wrong done to victims due to their lack of previous involvement, thusgiving crime victims what they “naturally desire.” Employing Malcolm Feeley’s analyticalframework to make sense of planned legal change, this Article shows that the new systememerged against the background of a combination of international trends: victim activismand public perceptions of crime getting out of hand. It finds that for reasons that are notwell understood, only a small percentage of victims have made use of the new system.When it comes to the other courtroom players, judges and prosecutors are generallycommitted to accommodating participating victims, both formally and in practice. Thenew system further limits defense lawyers’ room to maneuver, while also presenting newopportunities for lawyers to represent victims and champion their rights. This Articleconcludes that the new system expresses a continued commitment to protecting victims’rights and interests, and that the new system contributes to remedying victims’ exclusionfrom their case, even if theextent to which it succeeds in giving victims what they desireremains uncertain. Show less
This article examines the charges pressed in 2012 by citizens against Japanese government officials and members of nuclear power plant operator Tokyo Electric Power Company, in the wake of the... Show moreThis article examines the charges pressed in 2012 by citizens against Japanese government officials and members of nuclear power plant operator Tokyo Electric Power Company, in the wake of the earthquake, tsunami and nuclear disaster of March 11, 2011 ("311"). It further examines prosecutors’ decision not to indict, and how this decision was reviewed by two lay Prosecution Review Commissions (PRCs), whose ultimate decisions have become binding pursuant to recent legal reforms. The article accordingly brings into focus the largely overlooked criminal justice dimensions of 311 in connection with the reformed PRCs’ role. Prosecutors’ tactics and findings of fact as well as PRCs’ functioning highlight the problem of (the appearance of) prejudice in cases of high societal significance, within a system in which traditionally only "bomb-proof" cases are prosecuted. Whether PRCs will change traditional criminal justice practices will depend on citizens’ willingness to use the possibilities the reforms provide for. Show less
Het Japanse strafproces is recentelijk onderworpen aan belangrijkehervormingen, zoals de invoering van een quasi-jurysysteem enslachtofferparticipatie. Deze hervormingen hebben niet geleidtot een... Show moreHet Japanse strafproces is recentelijk onderworpen aan belangrijkehervormingen, zoals de invoering van een quasi-jurysysteem enslachtofferparticipatie. Deze hervormingen hebben niet geleidtot een verlaging van het veroordelingspercentage van meer dan99% of een duidelijk veranderde straftoemeting, maar wel tot eengrotere maatschappelijke relevantie van en betrokkenheid bij destrafrechtspraak. Show less
This article examines how a therapeutic perspective on victim participation has been conceptualized and implemented in criminal trials in Japan after procedural reforms in 2000 and 2008. Findings... Show moreThis article examines how a therapeutic perspective on victim participation has been conceptualized and implemented in criminal trials in Japan after procedural reforms in 2000 and 2008. Findings are discussed with reference to therapeutic jurisprudence studies on victim participation and relevant literature on Japanese criminal justice. Analysis of policy documents, survey data, interviews, and minutes of Ministry of Justice “expert meetings” reveals how the therapeutic needs of victims and the therapeutic effects of victim participation in court proceedings have been understood and conceptualized based on generalized common-sense assumptions of legal practitioners. In court, participants’ reference to victims’ wellbeing and recovery puts pressure on judges to impose harsher punishment than usual, while reinforcing the position of prosecutors. The adopted therapeutic perspective, combined with traditionally expected displays of remorse, furthermore has the effect of limiting the defence’s ability to argue facts and circumstances favourable to the defendant. Show less
This article examines the criminal indictment filed and other activities employed by the Fukushima Nuclear Energy Lawsuit Group, in the aftermath of the earthquake, tsunami and nuclear disaster... Show moreThis article examines the criminal indictment filed and other activities employed by the Fukushima Nuclear Energy Lawsuit Group, in the aftermath of the earthquake, tsunami and nuclear disaster that occurred in Japan on 11 March 2011 (“311”). The article thereby brings into focus the role played by criminal law in ascribing meaning to people's actions on and after the events of 311 – a subject that up until now has not received any scholarly attention. By examining the Japanese Prosecutors' Office response to the indictment the article furthermore contextualizes criminal law's role in the aftermath of 311 in terms of its more general characteristics as well as the legal reforms carried out in Japan in recent years. In doing so the article brings into focus striking differences in parties' views on and findings of 311 facts, as well as the limited impact of recent legal reforms on Japanese prosecution practices. Show less