15th Central Executive Committee Meeting
Doubts on "Punishment Inevitability/Severity"
RENGO's basic stance on Juvenile Law Reform
(20 October 2000)

RENGO ratified its basic stance on Juvenile Law Reform at its 15th Central Executive Committee Meeting held on the 19th. While RENGO applauded parts of the proposed amendment such as improvement on consideration for victims and their rights, it pointed out many of its problems including, among other things, the predominance of "punishment inevitability/strictness." We maintain that comprehensive policies that stop delinquency are needed through national debate.

1.The three ruling majority parties brought the "Bill to Partial Reform of the Juvenile Law and Other Laws" before the current extraordinary Diet. This bill was presented by House members at the last Diet but shelved without sufficient debate.
The major parts of the proposed reforms include:
(1) The age of criminal punishment (the age when one may be sent [sent back] to the Public Prosecutor ) be lowered to 14 years.
(2) Make it a general rule that anyone over sixteen years of age who causes a death, either by murder or robbery resulting in a death, be sent [sent back] to the Public Prosecutor.
(3) Extend the length that criminal youth may be detained (extend the custody period from four weeks to a maximum of eight weeks).
(4) Recognize the Public Prosecutor's participation in youth judgement, if there is any dissatisfaction with family court rulings they can file an appeal.
(5) Make trial rulings by mutual consent of three people.
(6) See that the results of the youth trials are communicated to the victims.

This is necessary given the uncommon youth crimes that continue to occur recently as well as a lack of consideration for victims and their rights under existing laws.

2.To be sure, the current Juvenile Law has in it a tendency to ignore consideration of the victims and their rights. The proposed reforms may not be sufficient but they have elements that can be positively evaluated such as seeing that victims receive notification and providing them information regarding the youth trials. In the future, in addition to the Juvenile Law Reforms, it goes without saying that the establishment of a comprehensive victim relief system, including a system of psychological, legal, and financial support, should be our next urgent task.

3.However there are many problematic points. The basic principle of the Juvenile Law depends on the power of the youth to reform his/her self and through supporting them protect against repeat crimes and striving to protect society from crime. These proposed reforms however, fundamentally review the role and function of the Family Courts which are based upon this basic principle. Below are some problems for consideration:
(1) While the proposed reforms are said to improve the procedure for finding facts in youth trials, there is a predominant sense of increased "inevitable punishment" and "strict punishment" evident in measures such as reviewing the dividing of ages and reassessing how to deal with youth who commit serious crimes. What is needed most for youth reform is what the Family Court System has until now provided, that is, protection and education. It is inevitable then that the decision of treatment based on the preceding line of thought would have to change greatly.
(2) As the extension of detention periods has a great influence on the minds and bodies of the children it is severely limited in the Convention on the Rights of the Child. Were these items implemented, the result would slight a youth's right to healthy growth and due process of law to protect against false charges.
(3) Having the Public Prosecutor participate in youth trials make the Family Court a place where there is a fear that responsibility will be pursued unilaterally toward the youth through the Public Prosecutors. Further, appealing family court rulings would severely slow down the allocation of punishment by Family Courts and destroy their welfare/educational function.
(4) Mutual consent among judges, if it were introduced, would deny what the Family Court originally considered important, that is, the function of case work, judges and youths talking face to face, thinking about and defining their problems together and working on them.

4.Youth delinquency and crime are problems that cannot be solved by reforming the Juvenile Law alone. While realizing the unusual nature of today's youth crimes is a mirror that reflects structural problems of Japanese society, it is imminently pressing that comprehensive countermeasures be established through a national debate in order to stop juvenile delinquency.


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