Criminal Justice Reform in the Land of the Rising Sun

The views expressed are those of the author and do not necessarily reflect the views of ASPA as an organization.

By Andrew R. Vaz
November 22, 2024

Here in the West, our criminal justice is in constant need of reform. While many efforts are underway, new reports indicate that there are longstanding structural problems that may take decades to resolve. No, the West is not the envy of the world when it comes to crime prevention. That honor goes to one nation in the Far East that claims to hold a near-perfect conviction rate: Japan. Reported at 99.8 percent, Japan holds the highest conviction rate of criminals in the developed world. While that may seem impressive, this article wants to highlight a rather depressing issue with crime deterrence in Japan, and criminal justice reform is also needed in the land of the rising sun.

Philosophy of Criminal Sentencing in Japan

The most, prevailing philosophy that underscores criminal sentencing in Japan is utilitarian—what is in the interest of common good, not only in the interest of the criminal. Japanese sentencing directives are directed towards retribution, isolation and punishment, rather than deterrence and rehabilitation. The low crime rate in Japan may be due to the following factors: (1) a highly organized and efficient police system; (2) a highly efficient court system; and (3) strict gun control.

Also, the eagerness of Japanese citizens to acknowledge and respect law enforcement and assist in the detainment of offenders should be noted. The Japanese culture prides itself on interdependence, responsibility and honor. Unlike the American culture, the notion of honor is far more important than personal wealth. 

However, offenders may never even see a courtroom for their trial.

The Prosecution of Offenders

The main issue in Japan is that many cases are dismissed before they even reach the courtroom. They only appear in court when they are aware that their chances of being found guilty are 99 percent. The biggest contributing aspect was the disparity in how society and culture view the legal system, the practice of law, etc. In Japan, it is socially anticipated that after being charged with a crime, you will confess your guilt, express regret, repent and/or make amends to the people you have wronged. If you do these things, you will usually receive much, much lighter fines or punishments.

Japan’s high conviction rate is not due to the same factors as in a country like Russia or the United States. It has much more to do with the cultural and collectivist attitudes of the nation, even though there may be certain aspects of authoritarianism or excessive respect to authority.

The Use of Kobans

The network of kobans, which are tiny police stations scattered throughout residential neighborhoods and city centers, is another factor contributing to the streets’ extreme safety. In Japan, there is always one police officer on a bicycle patrolling the area, and each koban is manned by one or two officers around the clock. It appears that street crime can be reduced only by having a police officer on duty. There are currently about 6,600 kobans in Japan, which has been using the koban system for more than a century. Due to the system’s success, replication has begun in various regions of the world.

Japanese Culture and National Character

Japan’s culture and “kokuminsei,” or national character, are arguably the main factors contributing to the country’s low crime rate. The Japanese are renowned to respect social peace, adhere to hierarchy and shun conflict. Following the Meiji Restoration, the political upheaval that created the modern Japan, the nation was able to preserve its fundamental collectivist values and refrain from imitating the dominant individualistic mindset in the West. In addition, with about 97.9 percent of the population being ethnically Japanese, Japan remains a very homogeneous nation. Tight immigration laws have ensured that foreign value systems have had minimal impact and produced cultural homogeneity.

Increases in Cyber Crime

There is one area that has seen an increase in criminal activity: cybercrime. Japanese companies are increasingly under attack from cyber criminals, and the government says it is ready to step in to coordinate a more offensive approach to cyber defense. One type of cybercrime is Distributed Denial-of-Service or DDoS attacks. This happens when hackers overload a server with traffic to disable websites, which in turn stops users from visiting them.

The legality of requiring private companies that have experienced cyberattacks to notify the government of cybercrime is a matter of debate. Experts say the lack of mandatory reporting has led businesses to typically avoid public disclosure of a cyber-attack due to embarrassment. Additionally, this has slowed down the exchange of information about cyberattacks between businesses, which has hindered efforts to identify the common patterns and tactics used in cyberattacks—a critical first step in developing countermeasures.

Conclusion

Japan’s almost perfect conviction record appears to be due to the selective nature of criminal prosecution. With cybercrime on the rise, criminal justice reform in Japan is crucial to combat this emerging threat that defies the armor of culture and national identity that has protected Japan for decades.

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Author: Andrew R. Vaz, Ph.D. is a graduate of the Ph.D. in Public Policy and Administration program at Walden University, specializing in Public Management and Leadership. He was already awarded a Master of Philosophy (MPhil) degree in the program. He is also a graduate of the Master of Science in Criminal Justice (MSCJ) and Master of Public Administration (MPA) double master’s program at Florida International University. He can be reached at [email protected]. 

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