Japanese Correctional System as Compared to the American Corrections System
The Japanese correctional system places a strong emphasis on rehabilitation and preparing the prisoner for being released once again into society. The Japanese correctional system "is intended to resocialize, reform, and rehabilitate offenders" rather than enforce a system of retributive justice along the lines of the American model (Coutsoukis, 2004). This is why most sociologists state that the restorative philosophy of corrections is the predominant approach practiced in Japan, that is, the main aim of the system is to restore the pre-existing social order rather than enact retribution against a particular individual, or even to protect victim's rights, or to punish an offender in a fair manner (Hosoi & Nishimura 1999: 4).
Much like the American system, Japanese prisoners after conviction are classified "according to gender, nationality, kind of penalty, length of sentence, degree of criminality, and state of physical and mental health," and assigned to an appropriate facility, depending on all of these factors (Coutsoukis, 2004). They are then placed in special programs designed to treat individual needs, whether these needs are deemed to be mental health counseling, anger management, or vocational training. A large number of prisoners are given suspended sentences and are placed under the watch of probation officers rather than put directly into prison. Those citizens accused of minor offenses who confess and display remorse may be released without further official action (Hosoi & Nishimura 1999: 4).
In such minor cases, there is also a procedure called Jidan, or an informal settlement reached out of court to settle victim's claims for damages, "material or emotional, in either civil or penal cases. Jidan involves the victim's "temporary acceptance" of the offender's "expression of apology and offer of material reparations" (Hosoi & Nishimura 1999: 4). This acceptance of blame echoes the American civil litigation system, where acceptance of blame or refusal to accept blame may be a part of a settlement. However, in Japan Jidan can take place in criminal, even in penal cases, and is not a formal part of the legal process. It can occur before a trial, but the judge will have access to the Jidan terms of settlement...
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