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White paper on crime 2004

Treatment of Offenders

PREFACE

NOTES

Part1Crime Trends in 2003

Chapter1Overview of Crimes
    Section1Overview of Penal Code Offenses
        1.Outline
        2.Trend in non-traffic penal code offenses excluding theft
        3.Trend in theft
        4.Trend in noteworthy penal code offenses
    Section2Overview of Special Law Offenses
        1.Outline
        2.Trend in special law offenses
    Section3Traffic Offenses
        1.Traffic accidents
        2.Trend in traffic offenses
        3.Treatment of traffic offenders
    Section4Drug Offenses
        1.Trend in drug offenses
        2.Crackdown on drug offenses
        3.Treatment of drug offenders
    Section5Financial and Economic Offenses
        1.Taxevasion offenses
        2.Economic offenses
        3.Financial offenses
        4.Bankruptcy-related offenses
    Section6Election-Related Offenses
        1.Trend in offenses related to elections
        2.Application of the regulation holding a candidate jointly responsible
    Section7High-Technology Offenses
        1.Overview of high-technology offenses
        2.Measures against high-technology offenses
    Section8Firearm Offenses
        1.Trend in firearm offenses
        2.Disposition by public prosecutors and by courts for Firearms and Swords Control Law violations
Chapter2Trends in Offenses by Specific Offenders
    Section1Offenses by Organized Crime Groups
        1.Trends in organized crime groups
        2.Trends in offenses by organized crime groups
        3.Treatment of organized crime group members
    Section2Offenses by Foreign Nationals
        1.Trend of foreign nationals entering Japan
        2.Trend in crimes by foreign nationals
        3.Treatment of foreign offenders(dispositions by public prosecutors)
        4.Treatment of foreign offenders(dispositions by courts)
        5.Correction and rehabilitation of foreign offenders
    Section3Offenses by Public Officials
        1.Overview
        2.Bribery and graft
        3.Others
    Section4Female Offenses
        1.Penal code offenses committedby females
        2.Speciallaw offenses committed by females
        3.Treatment of female offenders
    Section5Offensesby Mentally Disabled Persons
        1.Trends in offenses committed by mentally disabled persons,etc.
        2.Type of offense committed by insane or quasi-insane persons and type of mental disability they suffered
        3.The mentally disabled in correctional institutions
        4.Act on Medical Care and Treatment for Insane or Quasi-insane Persons Who Have Caused Serious Injury to Others
Chapter3Offenses Committed by Offenders with Criminal Histories
    Section1Offenses Committed by Adult swith Criminal Histories
    Section2Offenses Committed by Juvenile Offenders with Crimina lHistories
Chapter4Comparison of Crime Trends with Other Countries
    Section1Major Offenses
    Section2Homicide
    Section3Theft
Chapter5Overseas Offenses Committed by and against Japanese Nationals
    Section1.Overseas Travel and Residence of Japanese Nationals
    Section2Overseas Offenses Committed by Japanese Nationals
    Section3Overseas Offenses against Japanese Nationals

Part2Treatment of Offenders

Chapter1.OverviewofTreatment
Chapter2Prosecution
    Section1Overview
    Section2Reception of Suspected Cases
    Section3Arrest and Detention of Suspects
    Section4Dispositions of Public Prosecutors
Chapter3Trial
    Section1Overview
        1.Court
        2.System for participation of saiban-ins in criminaltrials
    Section2Judgments
        1.Defendants finally judged by trial
        2.Thefirstinstance
        3.Appeals
    Section3Sentencing
        1.Death penalty
        2.Imprisonment with labor for life
        3.Imprisonment with or without laborf or al imited term
        4.Fines
        5.Suspended sentence etc.
    Section4Detention and Bail
    Section5Criminal Compensation
    Section6Trials and Sentencing in Cases Involving Aum Shinrikyo Cult Members
Chapter4Correction of Adult Offenders
    Section1Overview
        1.Overview of organization
        2.Council on Prison Administration Reform
    Section2Imprisonment in Penal Institutions
        1.Convicted inmates in penal institutions
        2.Trend in the average daily number of inmates etc.
        3.Characteristics of newly imprisoned offenders
        4.Reimprisonmentafterrelease
    Section3Treatment of Inmates
        1.Basic systems for treatment
        2.Prison work
        3.Educational activities
        4.Medical care and hygieneetc.
        5.Security
        6.Grievance systems
        7.Cooperation from volunteers outside
    Section4Treatment of Inmates Awaiting Trial
    Section5Treatmentin Women's Guidance Homes
Chapter5Rehabilitation Services
    Section1Overview
        1.Organizations for rehabilitation services
        2.Volunteer probation officers and their organizations
        3.Juridical persons for offenders rehabilitation services
        4.Nongovernmental support organizations
    Section2Parole
        1.Overview of parole
        2.Administration of parole
        3.Other measures related to administration of parole
    Section3Probation and Parole Supervision
        1.Overview
        2.Trends of probationers and parolees
        3.Treatment measures in supervision
        4.Measures during supervision
        5.Results of supervision
    Section4Assistance during Supervision,Urgent Aftercare of Discharged Offenders,and Halfway Houses
        1.Assistance during supervision,and urgent aftercare of discharged offenders
        2.Halfway houses
    Section5Amnesties
    Section6Crime Prevention Activities in Rehabilitation Services
Chapter6International Cooperation in Criminal Justice
    Section1Trends in International Efforts in Criminal Justice
        1.United Nations
        2.Summit meetings of leading countries
        3.Other international conferences
    Section2Transnational Fugitives and Their Extradition
        1.Transnational fugitives from Japan
        2.Extradition of fugitive offenders
    Section3International Assistance in Investigation and Judicial Assistance
        1.Assistance in investigation etc.
        2.Judicial assistance

Part3Relief of Crime Victims

Chapter1Damage by Crime
    Section1.Damage by Crime in Official Statistics
        1.Number of Offenses involving human victims
        2.FatalandBodilyDamage
        3.Property Damage
        4.Victims of Sexual Offenses
        5.Relationship between Victims and Suspects
    Section2Crime Victimization Survey
        1.Outline
        2.Results of the Survey
        3.Concerns about Crime and Crime-preventive Measures
        4.Beliefs on Security in Japan
Chapter2Consideration for Victims in Criminal Justice
    Section1Criminal Proceedings and Victims
        1.Criminal proceedings and victims
    Section2Compensation for Crime Victims
        1.Compensation for crime victims
        2.Automobile liability insurance systems
        3.Compensation for Damage to Witnesses etc.

Part4Trends in Juvenile Delinquency and Treatment of Juvenile Delinquents

Chapter1.Trends and Characteristics of Juvenile Delinquency
    Section1Trends in Juvenile Penal Code Offenses
        1.Number of juveniles cleared
        2.Trends in age and gender
        3.Trend in type of offense
    Section2.Trends in Juvenile Special Law Offenses
        1.Number of juveniles referred by the police
        2.Drugoffenses
        3.Traffic offenses
    Section3.Juvenile Offenders under14years of age
    Section4Status Offenses
    Section5.Characteristics of Juvenile Delinquency
        1.Delinquency in groups
        2.Education and employment of juvenile delinquents
        3.Delinquency at Home and School
        4.Delinquency rate
Chapter2Treatment of Juvenile Delinquents
    Section1OverviewofTreatment
    Section2Prosecution and Trial of Juvenile Cases
        1.Prosecution of juvenile cases
        2.JuvenilehearinginFamilyCourts
        3.Criminaltrialofjuveniles
    Section3Classification at Juvenile Classification Homes
        1.Overview
        2.Admission and discharge
        3.Classification activities
    Section4Treatment of Delinquents in Juvenile Training Schools
        1.Overview
        2.Admission and discharge of inmates
        3.Characteristics of newly admitted inmates
        4.Treatment of inmates in juvenile trainingschools
    Section5Treatment of Juvenile Prisoners
        1.Overview
        2.Number and characteristics of juvenile prisoners
        3.Outline of treatment of juvenile prisoners
    Section6Rehabilitation Services for Juveniles
        1.Overview
        2.Trends in number of juvenile probationers/parolees
        3.Characteristics of juvenile probationers/parolees
        4.Treatment measures for supervision
        5.Measures during supervision
        6.Result of supervision

Part5Special Article:Treatment of Offenders

Chapter1Introduction
    1.Why to Focus on"TreatmentofOffenders"Now;Aim of This Year's Special Article
    2.Composition of Part5
    3.Scope of the special article
Chapter2History of Treatment of Adult Offenders
    Section1Development of Correction of Adult Offenders
        1.Establishment of the Prison Law and the philosophy of correction(pre-war period)
        2.Establishment of the new Constitution and the start of post-war correction(1945-1954)
        3.High economic growth and improvements in correction(1955-1974)
        4.Movements toward the amendment of the Prison Law(1975-early Heisei period)
        5.Improvement in prison management,changes in the crime situation,and the Recommendation of the Council on Prison Administration Reform(early Heisei period-present time)
    Section2Development of Rehabilitation Services for Adult Offenders
        1.Development of basic laws during the period from1945to1954
        2.Development of rehabilitation services
    Section3Intermediate Conclusion
Chapter3Trends and Challenges in Correction of Adult Offenders
    Section1Worsening prison overcrowding:What condition is referred to as overcrowding?
        1.Current situation of prison overcrowding
        2.Measures for prison overcrowding
        3.Problems caused by overcrowded prison
        4.Background cause of prison overcrowding
        5.Simulation of trends in population in penal institutions
    Section2Changes in Prisoners
        1.Trends in newly a dmitted prisoners
        2.Elderly prisoners
        3.Foreign national prisoners
        4.Stimulant drug prisoners
    Section3Section3 Challenges of Adult Correction and Current Efforts
        1.Countermeasures taken for prison overcrowding
        2.Newly established prisonsbased on PFI method
        3.Harmonization of prison work and other treatment measures
        4.Promoting treatment programs according to characteristics of prisoners
        5.Transfer of foreign national prisoners
        6.Treatment of stimulant drug prisoners
Chapter4Transition from Institutional Treatment to Community-based Treatment
    Section1Measures Implemented before Release
        1.Environmental adjustment starting during a stay in a penal institution
        2.Guidance for prisoners to be released
    Section2Parole
        1.Significance of parole
        2.Implementation of parole
    Section3Measures for the Administration of Parole
        1.Preparatory parole investigation
        2.Parole of long-term prisoners and intermediate treatment after their release on parole
        3.Parole and consideration given to victims
    Section4Section4 Urgent Aftercare of Prisoners Released on Completion of Their Sentence
        1.Significance and history
        2.Persons eligible for and services of urgent aftercare of discharged offenders
Chapter5Trends and Challenges in Probation/Parole Supervision
    Section1Outline of Probation/Parole Supervision for Adult Offenders
        1.Purposes and Methods of Probation/Parole Supervision
        2.Types of Probation/Parole Supervision for Adult Offenders
        3.Factors Inherent in Community-Based Treatment
    Section2Trends in Adult Parolees and Probationers and Their Changes
        1.Trends in adult parolees and probationers
        2.Elderly parolees and probationers
        3.Stimulant drug parolees and probationers
        4.Long-termParolees
    Section3Changes in Key Figures of Community-Based Treatment of Offenders
        1.Volunteerprobationofficers
        2.Halfway houses
    Section4ChallengesofProbation/ParoleSupervisionandCurrentEfforts
        1.Enhancement of classified or categorized treatment
        2.Introduction of simple voluntary urine tests forstimulant drug offenders
        3.Cooperation between government and private sector
Chapter6Conclusion

Appendix

Appendix 1-1 Number of reported cases,number of cleared cases,and number of persons cleared for penal code offenses(1946-2003)
Appendix 1-2 Number of reported cases,number of cleared cases,and number of persons cleared for penal code offenses,by type of major offense(1994-2003)
Appendix 1-3 Clearance rate of penal code offenses,by type of major offense(1994-2003)
Appendix 1-4 Number of persons newly received by public prosecutors offices for special law offenses(1994-2003)
Appendix 1-5 Number of traffic accidents,number of persons killed or injured,and rate of accidents(1946-2003)
Appendix 1-6 Number of persons finally disposed by public prosecutors for drug offenses(1994-2003)
Appendix 1-7 Term of imprisonment with labor sentenced for financial and economic offenses in the ordinary first instance(1999-2003)
Appendix 1-8 Number of cleared cases and persons cleared for non-traffic penal code offenses committed by foreign nationals(1980-2003)
Appendix 1-9 Number of referred cases and number of persons referred for special law offenses committed by foreign nationals(1980-2003)
Appendix 1-10 Number of foreign nationals finally disposed by public prosecutors(1990-2003)
Appendix 1-11 Treatment after commission of offense,of insane persons and quasi-insane persons,by type of offense(2003)
Appendix 1-12 Number of insane persons and quasi-insane persons,by type of offense and type of disease(2003)
Appendix 1-14 Number of reported cases and crime rate of homicide and theft in5countries(1988-2002)
Appendix 1-15 Clearance rate of major offenses,homicide and theft in5countries(1988-2002)
Appendix 2-1 Number of persons newly received by public prosecutors offices,by type of offense(1994-2003)
Appendix 2-2 Number of persons finally disposed by public prosecutors,by type of offense(1994-2003)
Appendix 2-3 Prosecution rate and suspended prosecution rate,by type of offense(1994-2003)
Appendix 2-4 Punishment inflicted by district court,by type of offense(2003)
Appendix 2-5 Average daily number of inmates of penal institutions(1950-2003)
Appendix2-6Number of newly imprisoned offenders and female rate(1946-2003)
Appendix 2-7 Number of newly imprisoned offenders,by type of offense(2003)
Appendix 2-8 Number of reimprisoned inmates,by gender and type of offense(2003)
Appendix 2-9 Frequency of imprisonment of newly imprisoned offenders,by type of offense(2003)
Appendix 2-10 Period of time until repeat offense by reimprisoned inmates,by type of previous offense(2003)
Appendix 2-11 Number of inmates servicing sentence of imprisonment with labor at the end of the year,by term of imprisonment(as of each year-end in1957-2003)
Appendix 2-12 Numbers of parole applications,grants,and rejections(1949-2003)
Appendix 2-13 Number of newly received probationers and parolees(1949-2003)
Appendix 4-1 Number and rate per population of juveniles and adults cleared for penal code offenses,and juvenile rate(1946-2003)
Appendix 4-2 Number and rate per population of juveniles cleared for general penal code offenses,by age group(1966-2003)
Appendix 4-3 Number of juveniles cleared for non-traffic penal code offenses,by age group and type of offense(2003)
Appendix 4-4 Number of juveniles cleared for non-traffic penal code offenses,by major type of offenses(1946-2003)
Appendix 4-5 Number of juveniles referred for special law offenses,by type of offense(1956-2003)
Appendix 4-6 Number of status offenders finally disposed by family court,by type of status offense(1969-2003)
Appendix 4-7 Number of juvenile offenders aged14-19newly received by public prosecutors offices,by type of offense and age group(1998-2003)
Appendix 4-8 Percent distribution of opinions by public prosecutors and final disposals by family courts,by age group(2003)
Appendix 4-9 Number of juveniles finally disposed by family courts for juvenile cases(1975,1985,1999-2003)
Appendix 4-10 Number of newly admitted persons and average daily number of inmates in juvenile classification homes(1949-2003)
Appendix 4-11 Number of juveniles newly admitted to juvenile training schools,by gender and treatment programs(1949-2003)
Appendix 4-12 Number of juveniles newly admitted to juvenile training schools,by type of delinquency(1997-2003)