Criminal Justice Systems: US Punitive Drivers and Japan’s Leniency
Factors Influencing Punitive Policies in the US
Protestant Fundamentalism and Punitive Sentiments
An examination of attitudes toward capital punishment concludes that those fundamentalists ‘who have a rigid and moralistic approach to religion and who imagine God as a dispassionate figure who dispenses justice are more likely to harbor punitive sentiments toward offenders’.
Obsolescence of the American Constitutional System
Major elements of the US’ constitutional system are obsolete, designed to address 18th-century, not 20th- or 21st-century, problems. They make the United States almost uniquely vulnerable to the policy excesses associated with the paranoid style and religious fundamentalism. This obsolescence of the American constitution can be reduced to three subparts:
- Election of police chiefs, prosecutors, and judges.
- Their lack of civil servant status and mentality.
- The involvement of elected politicians in decision-making about individual cases.
Almost nowhere in Western Europe, Canada, or Australia are judges or prosecutors politically selected. Lastly, the contemporary media have multiplied the impact of emotional reactions to crime.
Race Relations and American Crime Policy
Blacks make up about half of the prison population and of death row inmates. According to Tonry, the War on Crime and the War on Drugs were used as a way of keeping Black people in a subordinate position. These policies have been effective. The interests of Black Americans are neglected, a characteristic feature of American crime policies.
Criminal Policies in Japan
Japan’s Exceptionally Low Crime Rates
Japan has very low crime rates in comparison to other countries. All sorts of violent crimes are incredibly low.
Social Control and Security
Because of changes in society, groups like the Yakuza have lost legitimacy. Specifically, some ordinances have cut off legitimate sources of income for Yakuza by prohibiting ordinary citizens and companies from doing business with them. All these changes have been accompanied by an increased feeling of security and informal social control.
Focus on Leniency and Rehabilitation
Japan’s penal policies are exceptionally lenient (indulgentes). Japan’s criminal policies are aimed at rehabilitation through lenient sanctions tailored to the offender’s circumstances. The imprisonment rate is very low. Moreover, huge efforts are being made to secure rehabilitation and re-entry.
Disturbing Investigative Practices and Punitiveness
There are disturbing practices in the investigation and prosecution stages. Nine out of ten investigations and prosecutions rely on confessions. Many who admit guilt are innocent. Defendants have few rights. The death penalty is still used. There is a possible increase in punitiveness (except for the imprisonment rate).
Factors for Potential Policy Toughening
Possible explanatory factors for the expansion or toughening of criminal policy include:
- Perception of a crime crisis.
- Japan’s long-lasting economic crisis, growing inequality and poverty, rising divorce rates, and number of single-parent families.
- An increase in resident foreigners.
- Politicians’ populism.
- Lower trust in police.
- Declining insulation of law enforcement officials from public requests for harsh policies.
- Crimes publicized by media.
Despite these pressures, the Japanese criminal policies remain very lenient.