The Japanese Probation Service: a third sector template?

The use of probation in Japan is similar in some respects to probation in England and Wales (E&W) and unrecognizable in others. This article provides an outline of the structure and operation of probation in Japan and draws comparisons and contrasts with probation in England and Wales. It is intended to provide an overview for those who know little about Japanese criminal justice in general and about Japanese probation in particular. The focus in on accessible English language sources that will enable readers to follow up their interest and deepen their knowledge.

Vox Populi, Vox Dei? A closer look at the ‘public opinion’ argument for retention

The Japanese government’s justification for retaining the death penalty is that abolition would erode the legitimacy of and public trust in the criminal justice system, leading to victims’ families taking justice into their own hands. This justification is based on the results of a regularly administered public opinion survey, which is said to show strong public support for the death penalty. However, a close analysis of the results of the 2014 survey fails to validate this claim. Just over a third of respondents were committed to retaining the death penalty at all costs, while the rest accepted the possibility of future abolition, with some of them seeing this as contingent on the introduction of life imprisonment without parole as an alternative sentence. These findings hardly describe a society that expects the strict application of the death penalty and whose trust in justice depends on the government’s commitment to retaining it. My reading of the 2014 survey is that the Japanese public is ready to embrace abolition. Japan, after all, is a signatory to the International Covenant on Civil and Political Rights, which calls on states not to delay or prevent abolition, so this should be welcome news for the Japanese government!