Full Contents List of JAPANESE JOURNAL OF SOCIOLOGICAL CRIMINOLOGY
[This list is based on the data provided by J-STAGE. See also J-STAGE's website.]
- Iwai,H 1976 Problems if Sociological(Problems and Method of Sociological Criminology). No.1 pp.2-12.
- Language
- JPN
- Hoshino,K 1976 A Note on Research Procedures of Criminology(Problems and Method of Sociological Criminology). No.1 pp.13-30.
- Language
- JPN
- Tokoro,K 1976 Criminology and Confict Resolution(Problems and Method of Sociological Criminology). No.1 pp.31-44.
- Language
- JPN
- Ifukube,I 1976 Social Change and Social Control of Crime(Social Change and Crime Control). No.1 pp.46-87.
- Language
- JPN
- Tachibana,M 1976 Community Development and Crime Control(Social Change and Crime Control). No.1 pp.88-100.
- Language
- JPN
- Yamaguchi,T 1976 The Changing Family and Social Control(Social Change and Crime Control). No.1 pp.101-119.
- Language
- JPN
- Ghoko,H 1976 On the Structural Dynamics of Disposition Making Process. No.1 pp.122-147.
- Language
- JPN
- Nishimura,T 1976 Societal Rates of Property Crime in an Affluent Society : A Replication of Mansfield's Prediction Model. No.1 pp.148-161.
- Language
- JPN
- Hosoi,H 1976 A Framework on Theory of Criminal Behavior. No.1 pp.162-173.
- Language
- JPN
- Tsubaki,T 1976 A Study on Consideration of the Scapegoating in the Theory of Delinquency : In Family and Juvenile Delinquency's Mechanism. No.1 pp.174-184.
- Language
- JPN
- Yajima,M 1976 Reconsideration on a Typology of Medes of Individual Adaptation to Anomie Situation : Critical and Revisional Comment on Merton's Typology. No.1 pp.185-203.
- Language
- JPN
- Hirana,M 1976 Reconstruction of the Theory of Anomie. No.1 pp.204-219.
- Language
- JPN
- Matsumoto,Y 1976 A Review on the Studies about Trend of Crime in Our Society. No.1 pp.220-228.
- Language
- JPN
- Hosoi,H 1976 Alternative Criminology in European Society. No.1 pp.229-233.
- Language
- JPN
- Hhogetsu,M 1977 Society and Punishment The Meaning of punishment as One Form of Social Reactions(Society and Punishment). No.2 pp.2-20.
- Language
- JPN
- Takahashi,Y 1977 A Social Psychological Study of Legal Punishment(Society and Punishment). No.2 pp.21-39.
- Language
- JPN
- Hiraba,Y 1977 Mutual Relation between Penal Theories and Social Control(Society and Punishment). No.2 pp.40-57.
- Language
- JPN
- Angata,S 1977 Punishment and Victim Compensation(Society and Punishment). No.2 pp.58-75.
- Language
- JPN
- Kashikuma,M 1977 Female Crime and Criminals The Tendency and Social Background of Girls' Delinquency in Recent Japan(Female Crime and Criminals). No.2 pp.78-92.
- Language
- JPN
- Sato,K 1977 On the Infantcide Committed by Mother and Its Social Balk-ground(Female Crime and Criminals). No.2 pp.93-105.
- Language
- JPN
- Kuga,M 1977 Woman Crime in View of the Life-history of Female Offenders(Female Crime and Criminals). No.2 pp.106-118.
- Language
- JPN
- Morita,Y 1977 Sociological Criminology and the Labelling Perspective. No.2 pp.120-141.
- Language
- JPN
- Yokoyama,M 1977 Changing of the Criminal Law at World War. No.2 pp.142-160.
- Language
- JPN
- Yonekawa,S 1977 An Analysis of informal Definition of the Offender from the Viewpoint of Criminalization-Decriminalization. No.2 pp.161-191.
- Language
- JPN
- Hirose,T 1977 The Social Attitudes toward Offenders as an Informal Crime Control. No.2 pp.192-208.
- Language
- JPN
- Maeno,I 1977 The Trend of Criminal Policy. No.2 pp.209-215.
- Language
- JPN
- Kuroda,N 1977 Introduction of Researches on Criminal Justice in Japan at the National Institutes. No.2 pp.216-224.
- Language
- JPN
- Tsunekawa,K 1977 Communications. No.2 pp.225-232.
- Language
- JPN
- Kashikuma,K. 1978 Crime and Community (I Crime and Community). No.3 pp.2-17.
- Language
- JPN
- Matsumoto,Y. 1978 Ecological Structure of Juvenile Delinquency in Recent Tokyo (I Crime and Community). No.3 pp.18-39.
- Language
- JPN
- Iye,T. 1978 Societal Features and crime in Okinawa (I Crime and Community). No.3 pp.40-57.
- Language
- JPN
- Nagaoka,S. 1978 Crime Prevention and Community (I Crime and Community). No.3 pp.58-71.
- Language
- JPN
- Kawasaki,T. 1978 Rehabilitation and Community (I Crime and Community). No.3 pp.72-86.
- Language
- JPN
- Fujimoto,T. 1978 Theoretical Overview of Labeling Perspective. No.3 pp.88-105.
- Language
- JPN
- Yokoyama,M. 1978 Labeling Theory as Explaining Crime. No.3 pp.106-124.
- Language
- JPN
- Goko,H. 1978 On Organic Solvent Inhaling : Its criminalization and socio-psychological backgrounds. No.3 pp.125-143.
- Language
- JPN
- Honda,Y. 1978 Paint-Thinner Abuse Minors and Group Treatment. No.3 pp.144-157.
- Language
- JPN
- Nishimura,H. 1978 The Traditionalistic Personality and Perception of the Criminal and Juvenile Policy. No.3 pp.158-188.
- Language
- JPN
- Tokoro,K. 1978 A Review on the Trend of Sociology of Law and Crime. No.3 pp.189-192.
- Language
- JPN
- Miyazawa,S. 1978 A Recent Trend of Criminology in the United States of America. No.3 pp.193-206.
- Language
- JPN
- Kato,H. 1978 A Trend of Criminal Policy in the Federal Republic of Germany. No.3 pp.207-213.
- Language
- JPN
- GOHKO,HIDEO 1979 Juvenile Delinquency Today Reality and Problems of Contemporary juvenile Delinquency(Juvenile Delinquency Today). No.4 pp.2-28.
- Language
- JPN
- MIYAZAWA,KOICHI 1979 Die kriminalsoziologische Hintergrunde der Jugendkriminalitat in Japan heute(Juvenile Delinquency Today). No.4 pp.29-56.
- Language
- JPN
- SHIBANO,SHOZAN 1979 A Phenomenological Approach to Process of Juvenile Delinquency : Based on the life-situation of the young people and school learning problems(Juvenile Delinquency Today). No.4 pp.57-76.
- Language
- JPN
- HOSOI,YOKO 1979 A New Look at Delinquency Theories Sociological Theory of Delinquency(A New Look at Delinquency Theories). No.4 pp.78-99.
- Language
- JPN
- ENDO,TATSUO 1979 Psychological Theory of Delinquency(A New Look at Delinquency Theories). No.4 pp.100-120.
- Language
- JPN
- MURAKAMI,NAOYUKI 1979 A Viewpoint for Studies of Juvenile Justice System(A New Look at Delinquency Theories). No.4 pp.121-138.
- Language
- JPN
- YONEKAWA,SHIGENOBU 1979 Some Perspectives of the Theory of Anomie in Connection with Deviant Behavior : A Theoretical Re-interpretation of Merton's Theory. No.4 pp.140-169.
- Language
- JPN
- ABETA,YOKO 1979 Dual Structure of Response Process to Deviance in Labeling Approach : An Analysis of Societal reaction and Social Control. No.4 pp.170-194.
- Language
- JPN
- MATSUSHITA,TAKESHI 1979 Sociological Definition of Deviant Behavior. No.4 pp.195-214.
- Language
- JPN
- ANDO,HIROSHI 1979 Criminological Approach to Sex Situation in Recent Japan. No.4 pp.215-234.
- Language
- JPN
- Ifukube,I 1979 A Review of Criminological Studies : From Scientific Viewpoint. No.4 pp.235-241.
- Language
- JPN
- Ishii,H 1979 Sociological Criminology in Italy Today. No.4 pp.242-244.
- Language
- JPN
- Saishyo,Atsuro 1980 Research on Characteristics of Recidivists in Prisons(RECIDIVISM). No.5 pp.4-25.
- Language
- JPN
- Nitta,Kenichi 1980 Deepening Process of Criminarity of Young Adult Offenders(RECIDIVISM). No.5 pp.26-41.
- Language
- JPN
- Hoshino,Kanehiro 1980 Organized Criminal Gangs and Recidivism(RECIDIVISM). No.5 pp.42-63.
- Language
- JPN
- Ifukube,Shunji 1980 On the Scope of Social Tolerance Ex-Offenders with Criminal Records(RECIDIVISM). No.5 pp.64-88.
- Language
- JPN
- Segawa,Akira 1980 The Treatment of the Persistent Offender in England(RECIDIVISM). No.5 pp.89-115.
- Language
- JPN
- Yokoyama,Minoru 1980 Valuation of Labeling Theory as Explaining Crime. No.5 pp.118-141.
- Language
- JPN
- Matsumoto,Yasushi 1980 Opportunity-structure and Life-structure ; A perspective for the "play-type"delinquency. No.5 pp.142-165.
- Language
- JPN
- Watabe,Makoto 1980 A Study on the Problem Behaviour of High School Students. No.5 pp.166-187.
- Language
- JPN
- Takahashi,Sakae 1980 Current Problems Concerning Student Guidance in Japan : In Relation to the Emergence of New Problems of Primary and Secondary School Students. No.5 pp.188-208.
- Language
- JPN
- Yajima,Masami 1980 Conceptual Analysis of "Play-Type"Delinquency. No.5 pp.209-230.
- Language
- JPN
- Araki,N 1980 A Review of Sociological Studies in the Field of Criminal Justice Administration. No.5 pp.231-237.
- Language
- JPN
- Kohno,K 1980 Actual Situation of Mass Media Control in America. No.5 pp.238-241.
- Language
- JPN
- Maeno,Ikuzo 1981 Issue and Outlook of "Judicial Welfare" : Mainly about Juvenile Delinquency Problem (I Criminal Justice, Welfare and Education). No.6 pp.2-14.
- Language
- JPN
- Abstract
- It has gradually been recognized that the juvenile should be treated differently from the adult in the criminal justice system. This recognition gave birth to juvenile court movement at the beginning of 20th century. Juvenile court and juvenile law made substancial, not only normative, solutions possible to the problems of juveniles involved in the criminal justice system. But these innovations have been accompanied with negative phenomena, for example expanded interventions by the state powers. In Japan, juvenile law achieved the standard of the world relating juvenile laws by the enactment of the present law in 1948. Family court has juris diction over juvenile cases. The court attempts to solve juvenile problems individually and substancially. It proposes policies in such fields of education, child welfare, police and public prosecution. It has assistant organs of its own, which are agents called investigators of family court. Activities of family court investigators to enhance welfare of children and juveniles is called "judicial welfare." The concept of "judicial welfare" demands scientific ability of the staff who apply the juvenile law. On the other hand, an objective of judicial "welfare" appeals to competent persons who have scientific ability. Secondly ability of fact-finding is necessary for "judicial welfare." Satisfaction of the abovementioned conditions will combine judicial functions with the functions of welfare of juvenile justice, and will upgrade the juvenile justice on to the higher level.
- Kaneto,Yoshiichi 1981 Welfare Approach to Delinquency (I Criminal Justice, Welfare and Education). No.6 pp.15-33.
- Language
- JPN
- Abstract
- It is said that poverty, disease and delinquency are the three main objects of social welfare. Actually, poverty and disease are the issues covered by the public support under the applications of the Daily Life Protection Law and other related welfare laws. As for delinquency, the purpose of Juvenile Law is not to punish the juvenile delinquents but to reform them with their own mental and physical capacity. As one of the educational measures, Juvenile Law establishes Homes for Juvenile Training and Education and Protective Facility, both as child welfare agencies, and provides procedures which relate with the Child Welfare Law and other laws relating with child welfare. Originally speaking, it has been said that the existing juvenile law has dual aspects. The aspect of the Criminal Special Law, and the aspect of Social Welfare Law which is similar to the Child Welfare Law. As a practical question, however, when we are asked whether the delinquency is given the legitimate position as a target of welfare only, we can not give native, affirmative answer. In recent years in particular, the controversy relating to the introduction of the due process of law to more guarantee the human rights as a stated objective, has more emphasized the character of the Juvenile Law as the Criminal Special Law, and has degraded the other characters as a welfare law. After all, it is a problem from which aspect and how we look at juvenile delinquency. In this monograph, the writer defined delinquency as one of the social pathological phenomena, and at first confirmed that delinquency is in the range of the subjects of social welfare through the welfare approach to the phenomena. Then, he identified the social causal factors which drive teenagers into delinquency through the welfare approach to the causes of delinquency, and lastly evidenced how necessary and effective the social welfare approaches are in preventing juvenile delinquency, and in the sound upbringing of juveniles and children.
- Yamaguchi,Tohru 1981 Pathology of School Education and Deviant Behavior (I Criminal Justice, Welfare and Education). No.6 pp.34-52.
- Language
- JPN
- Abstract
- Nowadays, there have occurred so much violence in schools. Why do such violent cases occur in schools, places to educate the youth and the children? We want to approach to the problem from the perspective of educational pathology. We think there are educational problems in three levels: First, the conditions in the society which exert adverse effects on schools; second, the problems in schools affected by the social conditions; third, pupils' deviant behaviors resulting from the problems in schools. The first pathology is found in the general trends of the society to seek higher academic career. The second pathology is the problems existing in schools, such as the drawbacks of too much intellectual training, the problems which accompany the entrance examination systems to higher schools, and the non-educational relationships between teachers and pupils. The third is such deviant behaviors as pupils' dislike for study, refusal to go to school, truancy, and violence in schools. Thus, the first is causal pathology in education, the second is the results of the first pathology and causal pathology as well, and the third is the resultant pathology. Since violent cases in schools may be due to problematic tendencies in the society and to the pathological problems in schools, it is necessary to reexamine how to more successfully educate pupils in schools.
- Ohashi,Kaoru 1981 Socio-pathological Approach to the Study of Crime : Social Pathology as a Means (II Crime and Social Pathology). No.6 pp.54-72.
- Language
- JPN
- Abstract
- More than 80 years have passed since Paul von Lilienfeld, a Russian sociologist, published "La Pathologie Sociale" in 1896. He defined social Pathology as a science where "We study social abnormality inductively." His definition has traditionally been the key point of view of the Social Pathology. Social Pathology had flourished in America, not in Europe, and had to a great degree been conducive to the studies of social problems, such as crime and delinquency, suicide, divorce, etc. But the term Social Pathology was replaced by the term Deviant Behavior in American sociology, because of its etymology that Social Pathology was based on outdated Social Organism, the ambiguity of the concept, the theoretical weakness, etc. I do not admit any positive meaning in that change of the term. In Japan, it seems to me that Social Pathology has got firm status both in the academic world and in the journalism, and has been expected to contribute to the explanations of a variety of social problem, especially in modern societies. But it is not enough for Social Pathology to be based only on the view point of social abnormality (or deviance). Social abnormality is almost always connected with social dysfunction which is more essential to social problems. Therefore, we have to study social problems from both points of view - social abnormality and social dysfunction. That is why I bring forward "Social Pathology as a Means."
- Shikata,Hisao 1981 The Essence of Criminal Behavior (II Crime and Social Pathology). No.6 pp.73-97.
- Language
- JPN
- Abstract
- This report is one of the attempts to organize a working hypothesis on the knowledge of the criminal behavior. The crime phenomenon is the socio-cultural phenomenon. The conception of crime is rather relative. There are differences in the concept of crime depending upon the time and the customs of the given community and society. All of Eenders are persons. There are no differences between a criminal behavior and a normal person's behavior from biological points of view. The criminal behavior is an unlawful act and violates the customs of the normal life. There are two factors in the control of criminal behaviors. The first are the directive factors which enfeeble self-control. The second are the indirective factors which enfeeble social control. The former factors are induced by the inherited and acquired physiological handicaps and physical diseases, etc. The latter factors consist of the pathological societies, defects in the economic orders, community disorganization, changing customs and group conflicts, inadequate educational activities, etc. Causes of crime are very complicated. The criminal behavior results from the interactions between the particular constituted personality and the particular environment. Causes of crime are within the scope of the individual consciousness. In other words, it is the matter of his self-control when he behaves. It is not until the judge labels his act as a crime that he becomes an offender. The judgement of the court decides whether he becomes an offender or not.
- Nakagawa,Nobutoshi 1981 Reference Group and Control Theory of Deviant Behavior. No.6 pp.100-121.
- Language
- JPN
- Abstract
- Strain theory (anomie theory) and deviant subculture theory are both motivational theory in the sense that both theories focus on the formation of motivation (or inclination) toward deviance in explaining the causes of deviant behaviors. In contrast, control theory, which has been developed as control theory of delinquency by Briar and Pilliavin, and Hirschi, and as deterrence theory by Tittle and Gibbs, among others, explains deviant behaviors by the lack of control. An individual's internal control over his inclinations toward deviance can be conceptualled as his normative reference relationships with others. Employing Kelman's typology of interpersonal influence, Schmitt presents three types of normative reference relationships: compliance normative reference relationship, identification normative reference relationship, and internalization normative reference relationship. All three types of relationships are relevant to the explanations of an individual's internal control process. Compliance occurs when an individual percieves other's possible rewards and sanctions (punishments) significant and conforms to others' normative opinions. Identification occurs when he percieves a "self-defining" relationship with others as desirable and accepts other's normative opinions. Internalization occurs when he integrates other's normative opinions into his own value system. This paper describes internal control mechanism and contingencies of the control for each type of the relationships. Then, the basic proposition of control theory is refotmulated as follows: the more (any or all types) of normative reference relationships an individual has with others, and the larger the strength of the relationship(s) is, the less he is likely to deviate from the others' behavioral standards. Finally, the paper briefly discusses cultural and socio-structural factors which influence the formation and maintenance of the three types of control, and, also presents an attempt to apply the typology of the control to differential association theory.
- Abe,Tetsuo 1981 A Study on Labeling-Theory in the West Germany : Bibliographical Sketch. No.6 pp.122-146.
- Language
- JPN
- Abstract
- Today, criminology and sociological criminology in our country pay attention to "labeling approach" as a new perspective. Some of the so-called "traditional (main-stream, conservative)" criminologists are susceptible to this approach, probably because it is not yet a theory but a scientific perspective. Labeling approach has been introduced into Japan mainly with the analysis of its appearance in U. S. A, but infact labeling approach has been discussed in the West Germany as extensively as in U. S. A. Since Fritz Sack adovocated new perspective in the W-Germany in 1968, K. D. Opp, G. Kaiser and other theorists have disputed about this approach. Some have supported it and others have had more critical views. AJK (Arbeitskreis Junger Kriminologen) has frequently held symposiums in Bielefeld which attracted many young criminologists. These circumstances and the related information are in the "Kriminologisches Journal", which is the organ of AJK. Now, the obiect of this paper is to present a biblio-graphical bird's-eye view of how the labeling approach has developed in the West Germany and how it has influenced traditional criminology. Therefore, this paper cites and introduces a number of works. In conclusion, this sketch I hope gives us the full picture of labeling approach arid labeling studies in the West Germany. Nevertheless, I fear that this paper does not discuss individual problems (about police, procecution and the court etc.) to the full. We must note the efforts of researches and studies about "Sozial-Kontrolle-Instanz" and dark number studies there. In Japan, we will have to more study how the process of criminalization is in the series of our criminal justice systems and how "Selektive Sanktion" is secured.
- Kuwahara,Yohko 1981 The Relationship between Juvenile Delinquency and the Working Couple. No.6 pp.147-165.
- Language
- JPN
- Abstract
- This article reports on the relationship between juvenile delinquency and the family in which both husband and wife work. It is written from the working mothers' points of view. There have been varied arguments presented about this problem since 1965 or so. In our country, the number of working women has increased rapidly in these years. At the same time, a number of children found new forms of independence and frequntly got into trouble. It was then claimed that the increasing number of married women in the labour force had contributed to the increase of juvenile delinquency. This view originated from the following two view points. The first point is the prevailing maxim of "Children First" and another is the traditional ideology of Japanese women's sexual roles. These basic view points must be reconsidered when we discuss the relationships between juvenile delinquency and working mothers. In recent yeard, married women's occupational brackets have graduately changed from non-professional to more professional ones. Here we classify working mothers into three types: Mothers Working for economic reasons, mothers working to enjoy their leisure activities and to purchase more luxury, and mothers working in professions. Formerly, the first type was perceived as more important in relation to juvenile delinquency. Recently, however, the second and the third types of working mothers have become more important than ever. This is because of the fact that, there is not such strong relationships between juvenile delinquency and poverty in the present society. The second and the third types of working mothers can quit their jobs. In other words,from the economic points of view, these working mothers can stop their occupations if they want to. Therefore, when the public opinion claims that working mothers are the main causal factor of juvenile delinquency, they have to face the question of "to continue or not to continue my work ?" This article criticizes this public opinion and at the same time points out that working mothers are not the causes of juvenile delinquency by referring to foreign research studies. Instead, the fathers' attitudes toward their wives and children and the family conflicts are the sources of juvenile delinquency. Thus, this paper intends to conclude that increasing juvenile delinquency depends on the father's role in the family in which husband and wife both work.
- Tsubouchi,K. 1981 The Contributions and Issues of Criminal Psychology in Collectional Institutions. No.6 pp.166-173.
- Language
- JPN
- Abstract
- Hagiwara,Y. 1981 The Trends of Criminological Studies in Italy. No.6 pp.174-177.
- Language
- JPN
- Abstract
- Tamura,Masayuki 1982 Methamphetamine Epidemic and Law Enforcement (I Trend of Stimulant Drug Offenders and their Treatment). No.7 pp.4-32.
- Language
- JPN
- Abstract
- Under the theme of the impact of law enforcement efforts on Methamphetamine epidemic in Japan, "Philopon age" (1945〜1955) - Philopon is one of the brand names of methamphetamine in that period - and "Shabu age" (1970〜today) - Shabu is a slang for stimulants - were analysed. On the analysis of "Philopon age", Law enforcement efforts, which became stricter gradually with the impositions of the Drug, Cosmetics and Medical Instrument Law (1948), the Stimulant Drug Control Law (1951) and partially amended Stimulant Drug Control Law (1954, 1955), were traced and those impacts on users were considered. After this, Brill, H. and Hirose, T. (1971)'s hypotheses on drug epidemic were discussed on the basis of plesent data. On the today's "Shabu epidemic", this paper analysed illicit stimulant distribution systems and discussed the dealer's responses to the threat of arrest and imprisonment under the strong police pressure. The structure of the systems and the dealers' behavior in Japan were very similar to those of New York described by Moore, M. H. (1977) with the exception of some indications, that were centralization at high levels in the distribution system, preferences for socially disorganized areas and corruption of enforcement agencies to purchase indulgence for acts.
- Kashikuma,Michiko 1982 A Study on Stimulant Drug Offences of Juveniles (I Trend of Stimulant Drug Offenders and their Treatment). No.7 pp.33-54.
- Language
- JPN
- Abstract
- This report is an analysis of the statistical data and a case study on stimulant drug offences committed by juvenjils. From analysis of the statistical data on the stimulant drug cases referred to Tokyo Family Court, and from the case study of two juveniles who habitually used stimulant drugs, following characteristics were found among these juveniles. 1. They can not control effectively their passion, and 2. They are socially imnature. There is a problem of parents-children behind these characteristics. Because of this problem, these juveniles have difficulties at school and at their working places. It is evident that the habitual usage of the drugs brought about keeping irregular hours which was a cause to quit school and a job. It was also proved that the drug abuse triggered bad companionship such as members of gangster groups and other addicts, and that drug abuse promoted escape from his real life for searching pleasure. Drug abuse offence has close relation with activities of gangster groups which have influence on the market and have intention to enlarge it. It is easily understood that juveniles who are curious about everything and can not control themselves can be victimized. Therefore, it is important to understand the drug problem not merely as a personal problem but also as a social problem.
- Koyanagi,Takeshi 1982 Pattern Analysis for Treatment of Prisoners. Convicted of Stimulant Drug (I Trend of Stimulant Drug Offenders and their Treatment). No.7 pp.55-71.
- Language
- JPN
- Abstract
- Nowadays, stimulant drug abuse is one of serious social problems in our country. This article reports on the treatment of stimulant drug addicts in a correctional institution on the basis of result of survey on their actual conditions. The prevalence of stimulant drug abuse in recent years is caused by (1) the fact that many addicts lack understanding on its bad effect, (2) that stimulant drug instantly gives addicts agreeable feeling, and (3) that the addict does not have crimirial feeling since it is a victimless crime. According to the result of the survey addicts were categorized into following three types. The first type: They had already committed another crimes before they abused the drug. And generally their criminality is high level. Most of them belong to a racketeers group. Treatment methods for first type are to arrange their company, to keep relationship with their family, and to make understanding about the bad effect of the drug. The second type: Most of them are drivers of bartenders. They abuse it for enduring all night work. Their crimiriality is not high, but their view on a job is biased. Treatment methodd for the second type are to give vocational training, to develop their regular habits, and to change their view on a job. The third type: They have had some troubles such as insolvency, unemployment, family complication and so on before they have abused. And they have lost their aspiration for life. Sometimes they don't know what to do. Consequently, they have abused the stimulant drug in order to look for some excitment. Treatment methods for third type are to arrange relationship with family, to notice that stimulant drug abuse is heavy crime, to rouse volition of work.
- Enomoto,Masaya 1982 Supervising the Stimulant Addict on Probation (I Trend of Stimulant Drug Offenders and their Treatment). No.7 pp.72-92.
- Language
- JPN
- Abstract
- Many probation officers feel that a stimulant addict case is a "hard-core". An addicts recidivism rate is very high and the appropriate rieasure of intervention is not developed yet. In this situation, the probation officer adopts the clinical model, in which treatment is based on an understanding of the nature of addicts' psychological needs. But, many researches have proved that there are little relation between stimulant abuse and personality traits of addicts. The stimulant addiction is rather a parasitic subcultural form of antisocial behavior and is the result of interaction with "YAKUZA-like" peer group. Therefore, they could be best understood through an examination of the interaction process. It was found that the addiction functions not only as a factor for personal disorganization of the clients but also brings about the social disorganhation as a result of their dysfunctionitigs in life: And their conditions of social and economic life are poor, hence they have little power to solve their disability by themselves. Therefore, the treatment must be organized for helping them to understand the mechanism of antisocial culture which has broken their life and to help them to overcome the present crisis. The obstacles for fulfilling the effective treatment are not limited to the abovementioned; i.e., the helping institution of probation agency has financial problems; many people pay little attention to it. In addition, there are institutional problems which have great influence on the effects of clinical intervention. They are, for example, a conflict between surveillance and helping, the vagueness of the treatment goal and the method of case supervision. In order to increase the effectiveness of probation work on stimulant addicts, the function of the institution must be reexamined.
- Miyazawa,Koichi 1982 Rechtssoziologie der Strafgesetzgebung (II Sociology on Legislation Process). No.7 pp.94-109.
- Language
- JPN
- Abstract
- Der vorliegende Aufsatz besteht aus zwei Teilen: Im ersten Tei; versucht der Verfasser zu erklaren, warum man sich in den letzten lO Jahren in den westeuropaischen, insbesondere in den deutschsprachigen Landern, mit den Problemen der (Straf-) Gesetzgebung mit Hilfe der rechts- bzw. kriminal-soziologischen Analyse auseinandersetzt. Wegen der bestehenden Gesetzesflut (Herbert Schambeck) bzw. Gesetzesinflation (Karl Huber) ist es selbst fur Juristen schwer geworden, das Gesetzesgefuge als Ganzes zu uberschauen. Es bedarf hier der systematischen Erfassung des Gesetzesbestandes mit Hilfe der Rechtsinformatik (Jurgen Rodig). Angesichts der tatsachlichen Situation der Gesetzgebungsprozesse, d. h. der Gesetzesformulierung nicht von Seiten der Abgeordneten = Volksvertreter, sondem von Seiten der Staatselite in den Ministerien (von den hohen Beamten in den Verwaltungs-behorden) kann man die Krise der parlamentarischen Demokratie ahnen. Unter diesen Umstanden betreibt man das vergleichende Studium der auslandischen Gesetzgebungssysteme, namlich wie man sich in den einzelnen Landern um die Aufnahme der offentlichen Meinung in die Gesetzgebung bemuht. Hierzu verweist der Verfasser auf die vor kurzem erschienene diesbezugliche Literatur. Im zweiten Teil berichtet der Verfasser uber den gegenwdragen Stand der Mitwirkung von Rechts- bzw. Kriminalsoziologen in Japan bei dem Zustandekommen von Strafgesetzen, indem er auf Grund seiner bisherigen personlichen Erfahrungen als Mitglied in Reformkommissionen (Reform des Strafgesetzes: 1965〜1972; Reform des Jugendgesetzes: 1970〜1973; Reform des Strafvollzugsgesetzes: 1976〜1980) diese Problematik aufzeigt.
- Murakami,Naoyuki 1982 The Social Formation of the Law : A case study of the revision of Mental Health Act (II Sociology on Legislation Process). No.7 pp.110-134.
- Language
- JPN
- Abstract
- The so-called Reischauer's Incident, in which Professor Edwin O. Reischauer, the then U. S. Ambassador, was attacked by a Japanese "schizo-pluenic" youth in 24 March 1964 accelerated the revision of Mental Health Act in Japan. The press insisted the importance of supervising mentally disordered persons. The Government tried to propose revision of the mental health law in order to maintain public peace under such circumstances. But the government faced the counter-action of the psychiatrists. Curiously enough, the press played the role of preventing the revision, by aiding the psychiatrist group in counter-acting against the Government. It was on 1 June 1965 that the revision of Mental Health Act was passed at the Congress through the deliberate consideration of the Committee of the Welfare Ministry. It can be said that the press had played the double edged role in the process of the revision of the Act. The aim of this essay is to describe and analyse the role of the press.
- Tomita,Nobuho 1982 The Anatomy to "Sekinin (Responsibility)" : Analyzing the Words "Sekkinin" Collected from Newspaper. No.7 pp.136-144.
- Language
- JPN
- Abstract
- Sekinin or "responsibility" seems to determine passive sanction or punishment. "Sekinin" has much influence on social control. When sociological, psychological and legal studies refer to "Sekinin", the words "Sekinin" are given certain definitions to be used as models for explanation. If comparison among these studies and ihter-disciplinary studies on "Sekinin" should be done, ideas expressed by the words "Sekinin" and these correlation must be examined. In this paper 206 usages of the word "Sekinin" collected from daily paper were examined. Three ideas expressed by the word "Sekinin" were found. These are: (a) "Sekinin" as "obligation" or "duty" ("Gimu"). (b) "Sekinin" as an idea to connect actor with action or consequence. ("Kiseki"). (c) "Sekinin" as "possibility of accusation" by which type and amount of saction are to be determained ("Toseki"). Further fundamentd and preparetory studies must be done to promote inter-disciplinary and comprehensive studies on "Sekinin".
- Segawa,Akira 1982 Current Tendency of British Criminology : Political Movement and criminology. No.7 pp.145-169.
- Language
- JPN
- Abstract
- It is three years and a half since the Conservative Party came into power. During the election campaign of 1979 Mrs. Thatcher asserted that the strongest demand among people was for two things: less tax and more law and order. "Law and order" was raised as an important issue of the general election for the first time after World War II. But Thatcher's election viotory has not resulted in a restoration of law and order. The crime rate has been still increasing after the accession to power of the Conservative Party. There has also been an increasing number of reports of football hooliganism in the last three years. Furthermore it seems that the riots of 1981 in about thirty English cities have decisively exploded the assertions of the law and order campaign. But the institutional foundations of Thatcher's policy remain intact and unaltered. Since 1979 the Conservative Party has taken the major initiative especially in two fields of penal policy: capital punishment and juvenile justice. The main reasons for the re-introduction of bapital punishment are that the death penalty would be a deterrent to certain types of murderers and that it would help the police in carrying out their duties. The House of Commons, however, voted against restoring hanging, twice by a majority which was far higher than some people expected. The Conservative Government also published a white paper "Young Offenders" in October 1980. The white paper's main proposals are that detention centre orders should be shorter, and that youth custody should replace sentences of borstal training and imprisonment. But critics says that these changes might result in a considerable increase in the number of young offenders committed to custodial establishments. It should be noted that in response to Tory initiatives the right-wing criminology has become influential. The right-wing criminologists clim that the loss of established, dominant morality is the cause of social disorder in Britain and that the orderliness in socid life on a basis of morality and discipline must be reconstructed. It is interesting to know how new criminologists respond to such a situation. At the earher stage new criminologists did not seem to have an effective response to actual penal practice, because there were diversity of opinion as to the master theoretical foundation and internal contradictions. But it is recently stated that the new criminology has become more homogeneous. The current tendencies in the new criminology are as follows: First, the theoretical foundation in the new criminology is moving fiom labeling theory to Marxism. Second, the new criminology is exercising more effect upon sociology than upon criminology. Third, the new criminologist's interest in practical problems of criminal justice is growing. The new crimiriology's practical implications are, however, still unclear even now. That is to say, new criminologists have not yet proposed an established alternative plan to Thatcher's penal policy. Therefore it could be said that the new criminology has been put on to the defensive. Recently I. Taylor, co-author of "the New Criminology", mentioned that repetition of earlier idealistic versions of radical criminology is an inadequate and irresponsible response to the popular anxieties that exist on street crime and on contemporary behaviour of youth. According to his view, any new socialist criminology must be formed in a practical context: for example, the prison movement, the police, law enforcement and the women's movement. It is difficult to tell whether or not his proposals will have much influence on formulation of pend policy. But these proposals will create much discussion. It will also be interesting to see how the rightwing criminology and the remaining group in the new criminology will respond to Taylor's view.
- Watabe,Makoto 1982 Differences of High-Schools and Delinquent Culture of Students. No.7 pp.170-185.
- Language
- JPN
- Abstract
- This study examines a relation between quality of a high-school and a delinquent tendency of the high-school students. Following hypotheses were examined. 1. In Japan there is a great difference in behavioural patterns and value orientations of students depending upon ranks of theh high-schools. It is tihs difference that actuany creates diffrences in problematic behaviour patterns of high-school students. 2. Prevailing delinquent culture in low-ranked high-schools fastens the delinquent tendendency of the students. Data of a survey project on high-school students in which I participated, were analysed for the study. The flowing results were obtained. 1. Many students of low-ranked high-schools do not tend to adapt themselves to thier school circumstance and they are not satisfied with educational policies of their schools. They are not interested in their school life. Instead, they enjoy themselves rather out of their schools. 2. The youth culture in which many students of low-ranked high-schools are interested are "game center" "motorcycles" "coffee shops" "drinkinhg" and so on. On the contrary, many students of high-ranked high-schools are interested ih "literature and philosophy" "traveling alone" and so on. 3. Classfication of inclination to youth culture by a multivariable analysis showed that students of low-ranked high-schools have an inclination to delinquent youth culture and that they are indifferent to the quest of their identity. The present entrance system of high-schools, in which students are selected automatically by accomplishment of junior high-schools, trigger many problems in the formation of delinquent youth culture. Therefore, it is required to improve the entrance system to high-schools.
- Sawata,Naoko 1982 Characteristics of Female Status Offenders. No.7 pp.186-199.
- Language
- JPN
- Abstract
- Compared to juvenile delinquents, status offenders tend to be given more protective measures such as probation and referral to a juvenile training school. This tendency is specifically conspicuous in female cases; i.e., although 6.8 percent of total female delinquents was put under protective measures in 1980, it was 44.4 percent in case of female status offenders. Comparison was made to find difference of characteristics between male and female status offenders. And also a hypothesis that different factors will contribute to giving protective measures to a boy and to a girl, was examined. The result showed that factors, such as age, parental status and age of first delinquency much more contribute to the selection of girls for protective measures. The most important factor for the selection of boys was "status", that is, a student, employed, or unemployed.
- Sato,N. 1982 A Review of Recent Studies on Juvenile Delinquency. No.7 pp.200-208.
- Language
- JPN
- Abstract
- Sagawa,A. 1982 Current lssues of Criminology in Britain : Moral Panics and the Renaissance of Dangerousness. No.7 pp.209-216.
- Language
- JPN
- Abstract
- Shikata,Hisao 1983 Preventive Policy of Crime : Its Effects and Limit (Crime, Delinquecy Control and Mobilization of Social Resources). No.8 pp.4-21.
- Language
- JPN
- Abstract
- Human beings are the social beings who live trying to satisfy their basic desires. Therefore, if they cannot satisfy their desires, they may possibly break laws and change into the dangerous animals at any moment. When we ran short of food, in the aftermath of the 2nd World War, black-marketing was common. Now we are better off than before, but the number of criminals who stole others' properties does not show a decline. Strictly speaking, there are few who never commit any crime at all. Crimes are the daily happenings. In order to prevent a crime, it is necessary for us to clearly explain : 1) conception of a crime ; 2) conception of a criminal ; 3) purpose to prevent a crime ; 4) causes of crimes ; 5) measures to prevent a crime. As for the conception of a crime, there are three definitions. The first is a sociological conception of a crime, the second is a legal conception of a crime in a wide sense, and the third being the legal definition in a narrow sense. From the viewpoint of criminology, it seems most suitable to use the second definition. When we discuss the conception of a criminal, we need to decide when and whom we should call a criminal. We should define whether a criminal should be : 1) a suspect who is arrested by the police ; 2) a person who is indicted by the public prosecutor ; 3) a person who is convicted at the court ; 4) a person who serves his sentence in a prison. We find various causes of crime in the world, and we have been unable to clarify them scientifically. Therefore, we cannot establish yet scientific and absolutely effective measures to prevent a crime. We consider two methods to prevent a crime : the first is the social policy and the second is the criminal policy. From the viewpoint of the social policy, we should keep the security of living, and changes in our social structures slowly. There are two ways in the criminal policy ; general and special prevention. But both ways have not shown any sufficient effect. It can be concluded under the present condition that any effective and scientific policies to prevent a crime have not been found out yet.
- Moriyama,Tadashi 1983 On Functions of Informal Crime Control (Crime, Delinquecy Control and Mobilization of Social Resources). No.8 pp.22-37.
- Language
- JPN
- Abstract
- There are two types of crime control in society - formal and informal control. Traditionally, most efforts to examine "societal reactions to crime" have focused on reactions of such formal institutions as criminal justice and correctional systems to crimes. But currently criminal justice system has tended to depend more on the treatment of criminals in a free society outside the formal institutions - probation, parole, or community-based treatment. This paper, from perspectives of sociology and criminology, examines the informal crime control including informal reactions, of individuals and groups. In reality, the public or individual citizens do not necessarily support the current policy of community treatment, but are rather indifferent to it, or show interests only in defensive crime control. On the other hand, the informal crime control has lost its effects as a community is disorganized. Therefore, we must examine the existing informal crime control, and innovate new types of informal crime control such as community reorganization for crime prevention or the mediation system of community disputes, recognizing the limits and defeats of the current informal crime control.
- Matsumoto,Yoshio 1983 Functions of School for Preventing Delinquency (Crime, Delinquecy Control and Mobilization of Social Resources). No.8 pp.38-51.
- Language
- JPN
- Abstract
- The relationship between school and delinquency shifts depending on the availability of the secondary education. When the opportunity for secondary education was limited for certain numbers of students, "insuffciency of education", or the alienation from educational opportunities, was an important factor of juvenile delinquency. The present school system has enabled many students to be enrolled in upper secondary schools and "incompleteness of education", or the alienation in school, has become an important factor of delinquency. This article discusses the following factors of schools concerning prevention of delinquency ; 1) function of cognitive socialization, 2) function of guiding students, 3) function of protecting students from bad influences, 4) function of absorbing students' drives towards deviancy, 5) function of moral socialization. These functions of schools are expected to reduce the potenciality of delinquency. But, in the school life today, these functions sometimes promote delinquency of students. 1) Lack of flexibility of teaching methods makes various types of failures, 2) perspectives of students are confused by schools themselves, 3) a number of rules in schools tend to increase frustration among students, 4) schools fail to absorb various drives of students, 5) inconsistency of school disciplines increases the nonconformists and apathy among students. If we want more effective ways to prevent delinquency among students, we need to adjust these functions of schools.
- Sugihara,Sachiko / Goda,Norio 1983 The Evaluation and the View of the Crime Prevention Activities (Crime, Delinquecy Control and Mobilization of Social Resources). No.8 pp.52-74.
- Language
- JPN
- Abstract
- The crime prevention activities were introduced into the field of the rehabilitation (probation and parole) service by the Offenders Rehabilitation Law in 1949. Since then, probation offices and related voluntary organizations have placed emphasis on the crime prevention, and have organized in July each year a nation-wide crime prevention campaign entitled as "The Drive to Enlighten the Society", in order to mobilize the interest of the public. In this campaign, as in other day-to-day crime prevention activities, emphasis is placed not only on prevention of crime in the strict sense of the term but also on disseminating the idea that it is essential for the public to accept released offenders back in the community and help them for the prevetion of recidivism. In this article the authors examined the history of crime prevention activities in the field of rehabilitation, and their main purposes by each decade, trying to define whether the main objective of the crime preventive efforts in the field is the prevention of recidivism and rehabilitation of offenders or the reduction of over-all crime rates in the community. The authors reached the conclusion that the purposes of these activities are as follows : i) To give the members of the community the information on crime and delinquency and make them more interested in crime problems ; ii) to encourage them to participate in crime preventive activities in the community ; iii) to make them sympathize with the offenders and support their rehabilitation. The degree of the interest of the public in crime problems in the community, of course, greatly depends upon the crime incidence and other factors existinging the community. Today, the increase of juvenile delinquency has become a serious social problem and a main object of public interest, and it is required for probation offices, volunteer probation officers and other voluntary organizations such as Women's Associations for Rehabilitation Aid or Big Brothers and Sisters Associations to conduct the nation-wide crime prevention activities in more attractive and effective fashions. Under these circumstances, the Rehabilitation Bureau of the Ministry of Justice conducted "The Project for the Crime Prevention and Rehabilitation of Offenders in the Community" in 1979 and 1980. The project aimed at evaluating the effects of the crime prevention activities in the field of the rehabilitation services, and developing more effective methods of crime prevention activities in the community. It may be safe to summarize the results of the questionnaires administered to the residents in the project areas about their thought patterns on crime prevention and offenders rehabilitation in the following manner : i) The information dissemination through mass communication media or personal channels is essential in order to stimulate the interests of the members of the community in the crime prevention. ii) The participation in some kinds of crime preventive programs promote residents, understanding of the importance of the crime prevention. Active participation in programs such as round-table discussions and interorganization meetings is especially effective ; iii) From among those who participated in these programs, we can recruit potential leaders of crime prevention activities, and further more, the individuals who are willing to help offenders voluntarily. The effect of the crime prevention activities can be evaluated by the number of participants in crime preventive activities and the number of residents who catch the information. The authors define these two indexes as "Participation and Information Scale," and propose this scale as a scale for the evaluation of effects of the crime prevention activities in the field of the rehabilitation services.
- Kikuchi,Kazunori 1983 Examination of Corrective Steps for School Delinquents (Crime, Delinquecy Control and Mobilization of Social Resources). No.8 pp.75-91.
- Language
- JPN
- Abstract
- Nowadays almost all of junior high schools have suffered from various delinquent behaviors outbreaking in daily school life. some examples are ; larceny, extortion, glue-sniffing, and school vandalism, in particular, which has occurred all over the country. As a rule, present corrective procedures and treatment methods have been designed for rather elder delinquents and are insufficient to deal with students in our compulsory education. Therefore, we have to examine the existent system carefully to point out its defects and problems,and consider more effective, and productive steps to realize younger delinquents'rehabilitation. First of all, schools should realize their powerlessness to check students, delinquent acts and their policy to keep any deplorable event absolutely confidential to outsiders. These two defects usually encourage students, delinquent acts and sometimes make them believe that the school is a real "sanctuary" permitting every criminal action without reporting it to the police. Schools should establish their definite standpoint which combines their educational functions with corrective functions to prevent studets, further misdeeds and to keep good relationships with collateral agencies. From the viewpoint of compulsory education, we can not deprive students of their constitutional right to receive education, regardless of the policies that schools may select. But schools are usually negative to readmittance or change of schools of delinquent students irrespective of treatment plans that they have had. Moreover, schools sometimes suspend delinquents from attending school illegally in principal's own judgement in spite of the delinquents' status to receive compulsory education. These school policies always undermine delinquents rehabilitative will and it is inevitable to say that schools illegally deprive delinquent students of their fundamental right for education. Schools must be open to readmittance and change of the schools of delinquents just as they are open to normal students. The author must admit that suspension of delinquents from attending schools is one of the effective ways to maintain stable school life, but it has to be decided according to the principles of due process. The procedures must clarify the necessity for suspension, give an opportunity for the delinquent to defend himself and assure him of his right to file his complaint against the school decision. As a conclusion we have to save our energy by reconstructing corrective steps after examining above-stated defects and problems of our present systems. The author believes that these activities will protect interests of delinquents as well as those of our society.
- Miyazawa,Setsuo 1983 Pretrial Diversion : A Proposal for Research and Reform. No.8 pp.94-118.
- Language
- JPN
- Abstract
- The ideas of pretrial diversion and of resolution of disputes involving minor offenses through mediation have recently been introduced to Japan. No one, however, has yet examined their implications in the Japanese context with a proposal for reform of the criminal justice system. Focusing on adult crimes other than minor traffic of Eenses, this paper reviews the development and critiques of these ideas in the U. S., analyzes the extent to which they may be incorporated into the Japanese system, presents a tentative proposal for reform, and outlines an agenda for research to be conducted to judge the merit and feasibility of the reform proposal. Diversion programs, particularly those with intervention including mediation, supposedly benefit all the parties in the criminal justice system : they reduce the work loads of the criminak justice agencies, better protect the general public through more effective treatment of offenders, and provide the accused with services withont attaching the stigma of formal conviction. Given the incidence of crime in Japan, however, there would be no need for reform from the viewpoints of the former two groups. A reform proposal might be based mainly on the viewpoint of the accused. The police and the prosecutor are already disposing of a large percentage of criminal cases through their statutory discretion to terminate proceedings, usually without any requirements on the part of the accused. Therefore, this paper proposes a reform at the police-prosecution stage which would be an extention of the current practice of simple diversion, and proposes that the guidelines for the exercise of the discretion be made public. Diversion with intervention is proposed only at the stage where court supervision is available. Typically on the first appearance before the court, the defendant may, upon advice of the defense counsel, request the court to suspend the proceedings for a few months during which time he will receive services which he has requested outside the justice system under the supervision of the probation office. Upon the expiration of the specified period, the court will evaluate the defendant's performance, and, if the court finds it satisfactory, the prosecutor will withdraw the information. This paper suggests the types of cases for which the suspension of proceedings should be either mandatory or discretionary, suggesting that the suspension should be mandatory when the chosen services are clearly appropriate for the accused (as, for instance, in the case of psychiatric treatment for the mentally disturbed defendant). Related procedural and policy issues are discussed, and a series of research topics are described.
- Inoue,Yutaka 1983 Analysis of the Judgement about Criminal Responsibility.. No.8 pp.119-130.
- Language
- JPN
- Abstract
- How does the criminal court make judgement about criminal responsibility (kriminalle Schuldfahigkeit)? This paper reports on the result of the author's analysis of the judicial judgement about this issue. The sample of this analysis consists of 154 cases (appeared in law reports or law journals) which made an issue of criminal responsibility. These cases were analyzed by the means of "Chi-Square test" and "Quantification theory-model II." As a result of the analysis, nine factors were selected as constituents of the judicial judgement about criminal responsibility. These factors are : (1) "Premeditation of the crime ;" (2) "Unusual motive of the crime ;" (3) "psychosis ;" (4) "Mental defectiveness;" (5) "Neurosis ;" (6) "Alcoholic intoxication;" (7) "Disturbed consciousness at the time of commitment of the crime;" (8) "Existence of delusion and hallucination etc ;" (9) "Existcnce of memory of comittment." The "Quantification theory-class II" calculates the normalized score of each category. The sample score is calculated by totaling the normalized scores of all applicable categories. The turning point which devides between the non-responsibility (Schuldunfahigkeit) and the diminished responsibility (verminderte Schuldfahigkeit), and between the diminished responsibility and the full responsibility (Schuldfahigkeit), turns out through the distribution of the sample scores. As a result of analysis on the said nine factors, the following turning points were obtained. (1) 〜30 : Non-responsibility. (2) 29〜-57 : Diminished responsibility. (3) -58〜 : Responsibility. Through this division, eighty percent of the total samples were able to be discriminated. And the further follow-up to other ten cases other than the samples revealed that the discrimination rate is eighty percent.
- Yajima,Masami 1983 A Study of Students' Images of Juvenile Delinquents. No.8 pp.131-155.
- Language
- JPN
- Abstract
- 1. Aims This research aims at investigating junior high school students' images of the seven types of boys by 33 items. They are : Paint-thinner inhaling boys, shoplifting boys, school violent boys, juvenile ioy riders of motorcycles, disobedient boys, good boys and the samples themselves Also it aims at investigating social distance and ranking of unfriendliness of six boys except the category of "themselves". 2. Samples and method The samples of this research area total of 1,245 3rd junior high school students. The period of this research is from May to July in 1982 and a questionnaire method was used. 3. Result Following hypotheses were drawn from this research (1) Junior high school students hold both bad and good images of deviant boys-paint-thinner inhaling boys, shoplifting boys, school violent boys, juvenile joy riders of motorcycles, and disobedient boys. (2) Each deviant boy shows not only stereotyped images but also a variety of images. (3) Junior high school students hold good and bad images of "good boys". (4) Some of the self images (the total images of "myself" of each sample) are akin to images of "good boys", and others to images of deviant boys. (5) Most of junior high school students accept "good boys" and reject deviant boys, but some of them accept deviant boys and reject "good boys". (6) Junior high school students' labeling is not one sided but is on a mutual basis. (7) There exsists student subculture as a background of six hypotheses.
- Hida,Daijiro 1983 A Study of the Relationship between School Management and Problematic Behavior in Junior High School. No.8 pp.156-171.
- Language
- JPN
- Abstract
- The main focus of this paper is to clarify the relationship between junior-high school students' deviant behaviors and their school life in Japan. Recent studies reveal that students' deviant behaviors corelate with their low academic achievement. And the increase of such deviance as violence within schools, has become a serious social problem. Therefore, students' school life is an important factor to understand behavior problems in the school today. Since student 'problematic behavior' (MONDAI KODO) is caused in the negotiation processes between teachers and students, it is pursued by looking closely at making sense process of both teachers and students. (see the author's paper, 1982.) The following are the findings from reanalysis of the surveyincluding 1,642 junior high school students. (1) The strictness of school discipline or rule has influence over the students' making sense of their behavior. (2) As the more strict teachers exert school disciplines or rules, the less students regard their behaviors as 'problematic'. This result supports D. Reynolds' theories. (3) But, the 'eager' actions of teachers toward students has positive effects on students' making sense, This finding doesn't support Reynolds' hypothesis, but may reflect Japanese junior high school students' attitudes toward schools and teachers.
- Uchiyama,Ayako / Konagai,Kayo / Abe,Tetsuo 1983 A Study on Neonaticide Committed by Females. No.8 pp.172-186.
- Language
- JPN
- Abstract
- PURPOSE ; A significant feature of homicides committed by females is the fact that the largest portion of the victims were children of their own. In particular, the ratio of the neonates within twenty-four hours after birth is great among victims. In this report, at first, the authors analyzed two groups of neonaticide classifing victimd into legitimate and illegitimate neonates to clarify the differences of the two groups. Second, the authors tried to classify neonaticides by the Method of Hayashi's Quantitative Theory III (Pattern Analysis). SUBJECTS ; Subjects of this study were 93 female defendants sentenced at district courts from 1976 to 1980 in eleven prefectures (Tokyo, Kanagawa, Chiba, Saitama, Yamanashi, Nagano, Niigata, Shizuoka, Ibaragi, Tochigi, and Gunma), whose victims were neonates within 24 hours after their birth. METHOD ; From the documents of written judgements of female defendants of neonaticide at district courts, the authors recorded investigation items which include attributes of defendants, criminal facts, backgrounds of crimes, and the sentences. Then each item of investigation was analyzed statistically. RESULTS ; I. Characteristics and Backgrounds of Two Groups ・・・・・・・・・neonaticide of legitimate and illegitimate children・・・・・・・・・ " During the past twenty years, neonaticide of legitimate children is remarkably increasing. The portion of legitimate children among victims of neonaticide has become 50 %, although it was only 15 % twenty years ago. a) neonaticide of legitimate children ; Defendants are mostly house-wives in their early thirties who have two or three children already. Their main motive of crime is poverty. They are afraid that they are unable to bring up the whole children if new-born babies join the family. In addition, they suffer domestic problems such as husbands' indifference to family problems. b) neonaticide of illegitimate children ; Defendants are mostly young (under twenty-four years old), and unmarried, and have problems of their own. For example, they show sexual promiscuity, and change jobs frequently. Their motives for neonaticide are shame, unwanted child, fear for exposure of pregnancy or birth of children of out of wedlock in addition to poverty. II. Cldssification by Pattern Analysis The following five dimensions are abstracted to classify the neonaticide ; 1st dimension (attributes of defendants) ___<(+)>・・・・・・・・・___<(-)> 2nd dimension (particular victim) ___<(-)> 3rd dimension (family backgrounds) ___<(+)> 4th dimension (characteristics of defendants) ___<(+)>・・・・・・・・・・・・ psychopathy___<(-)> 5th dimension (way of living of defendants) ___<(+)>・・・・・・・・・・・・___<(-)> Accoding to these dimensions, neonaticides were classified into eight groups.
- Takahara,Masaoki 1983 The Contemporary Type of Juvenile Delinquency and Deviant Behavior Theoies. No.8 pp.187-201.
- Language
- JPN
- Abstract
- Recently it has been much discussed that the new type of juvenile delinquency has increased in quantities and that deviant behavior theories including labelling theory should be integrated in some way. But Studies of the relationships between actual behaviors and these theories have been less accumulated. Therefore this paper aims at studying the adaptation of deviant behavior theories to contemporary realities in Japan. Categorizing this contemporary type, its three categories are class and stratification, the degree of consciousness, and the structure of play in the whole society. Next, among many theories, anomie theory, delinquent subculture theory, and lower class culture theory aren't adaptable to contemporary realities because these theories are concerned in middle-lower differences and limitation of resident districts. On the contrary, differential identification theory, self-concept theory, and double-sidedness theory of dominant value system (e. g. G. M. Sykes and D. Matza) are well adaptable because they emphasize the similarity of delinquent boys to non-delinquent boys in social structure. In illustration of these problems, The author tried to study the "Yokohama case" of juvenile delinquency that occured in sensational way in February 1983. It is considered as the complex of "classical type" and " contemporary type"
- Takemasa,S. 1983 The Trend of Studies about Juvenile Delinquency. No.8 pp.202-214.
- Language
- JPN
- Abstract
- Niikura,O. 1983 Sur les Propositions en Matiere Penale et la Science de Polituque Criminelle en France. No.8 pp.215-220.
- Language
- JPN
- Abstract
- Sawanobori,Toshio 1984 Sociological Criminology and Criminal Policy (Contemporary Society and Sociology of Crime : in Search of New Perspective-). No.9 pp.4-13.
- Language
- JPN
- Abstract
- Ten years have passed since the Sociological Criminology Society of Japan was established and during the years, several sessions have been held and the possibility of making a conjoint study both by sociologists and by criminalists has been discussed. So far, however, they cannot come to any complete agreement on the peculiar province of sociological criminology. From the view-point of new criminal policy, which is based on democracy, the author conciders the essential matters to be studied positively. In order to be sure that a decision of an anti-crime policy is made for sufficient reasons, the decision must be made after the following points are examined precisely : (1) what are the criminal phenomena. (2) how effective is the current anti-crime policy. (3) what are the views on evaluation or the standards for evaluation about criminal phenomena and anti-crime policy. The province of the positive research becomes more comprehensive, by analyzing these three points more fully. On the other hand, on the subjects of sociological criminology, sociologists say that it has to make a positive effort to intervene in social realities, since sociology is not a paper argument. Concidering all mentioned above, the subjects of positive research studies on criminal policy seem to cover almost all the subjects on "sociological criminology" at the same time. Because perspectives of new criminal policy based on democracy include many research subjects of sociological criminology as such, it is expected that both criminalists and sociologists take part in the same project, cutting off the useless efforts to search its proper boundary of each science.
- Omura,Eisho 1984 Toward a Dramaturgical Theory of Crime : Post-labeling Perspective (Contemporary Society and Sociology of Crime : in Search of New Perspective). No.9 pp.14-27.
- Language
- JPN
- Abstract
- Many criminologists who have turned their attentions to the labeling perspective in the early 1970's, returned recently to the control (or bond) theory. Against the prevailing view, I believe, both of 'turn' and 'return' are symbolic phenomena of Durkheim Renaissance. If not, those switches in theory only mean that an existing paradigm has been persistently unable to solve "puzzles", or at least to explain a new type of crime. (Or would puzzles have been exhausted ?) Since no criminologist (as a scientist) can work in a theoretical vacuum, when a paradigm or a research program loses its ability to produce new 'facts', and I am afraid, it will often go into a "degenerative" phase. Therefore, the aim of this essay is to present a new perspective which is named as the dramaturgical theory of crime. Of course, I know this new theory is only a different rather than a better way of looking at reality. But in this essay I suggest the significance of this new theoretical orientation. For example, I propose that Goffman's Frame analysis could be effectively utilzed to make analytical sense of empirical facts. A schematic overview of my argument is illustrated in the following diagram. [figure]
- Hayami,Hiroshi 1984 Critical Examination of Labeling-theory from the View Point of Judical Welfare (Contemporary Society and Sociology of Crime : in Search of New Perspective). No.9 pp.28-41.
- Language
- JPN
- Abstract
- Labeling-theory produced a new approach of the study of deviant behaviors and especially its sociological critique to the authoritative treatment of delinquents by officials has a unique aspect. But this theory so strengthens authoritative elements in the official treatment that it is inclined to function consequently in the direction of tightening authoritative power rather than criticizing it. It seems that this paradoxical point spoils the significance of labeling-theory. Though labeling-theory strengthens the defect of official treatment as to its provision of labels for delinquents, there has been the tradition of avoiding such labels in Japan before this theory was proposed. This tradition is based on Buddhistic thought of pardon, Marxism's theory and Japanese unbelief in former reformatories and it has emphasized the significance of the treatment in the community rather than in a reformatory. But in Japan, this tradition includes problems in itself from the view point of labeling-theory. It has a defect in strengthening labels of delinquents sent to reformatories. The more we try to avoid stamping labels, the more the label which is more selectively stamped becomes strong and overwhelms the delinquent. For these reasons labeling-theory has contradictions in itself and therefore it cannot replace the such preceding theory of deviant behavior as anomie-theory. What is expected hereafter is to refine labeling-theory from causal aspects and to integrate it in to the former theory, especially anomie-theory. At least this reform is necessary for judical welfare - the diagnosis and treatment for the sound upbringing of delinquents.
- Matsumura,Yoshiyuki 1984 The New Current in the Study of General Deterrence (Contemporary Society and Sociology of Crime : in Search of New Perspective). No.9 pp.42-55.
- Language
- JPN
- Abstract
- This paper deals with the study on general deterrence in these two decades with particular focus on economic approaches and on policy-experiments. In the United States, federal agencies and federal funds were established in the late sixties and the early seventies to support the study of crime and criminal justice. Many economists were mobilzed and organized by the Federal Government to fix the optimal crime control policy. Accordingly, many economic studies and policy-experiments on general deterrence have been conducted since the late sixties in the United States. Both these two kinds of studies are policy-oriented because economic studies imply the idea of the optimal allocation of the resources of the criminal justice system, and in policy-experiments, some social control variables (eg. police activities) are operated by state or local agencies. In addition, the author points out the development of the idea that economics has come to deal not only with economic behavior in the strict sense but also whatever behavior is regarded as a choice under uncertainty. This idea which is called "economic imperialism" and the mobilization of economists by the Federal Government as mentioned above have made many economists engage in econometric studies on general deterrence. On the contrary, either policy-experiments or econometric studies on general deterrence have scarcely been done in Japan. First, the deterrence of crime has not been a political issue and therefore the government has not supported the study of deterrence. Second, economists are neither interested in economics of crime, nor in law and economics. Third, in the field of criminal law, law professors are absorbed in doctorinare studies and pay little attention to the scientific and empirical study of deterrence. In the field of civil law, however, the idea of law and economics has been gradually accepted in the past decade. Therefore the idea of law and economics will possibly exert an influence on the field of criminal law and the idea of economics of crime will emerge within several years.
- Kikuchi,Takekatsu 1984 A Memorandum: Toward Understanding Delinquencies of Japanese Koreans (Contemporary Society and Sociology of Crime : in Search of New Perspective). No.9 pp.56-67.
- Language
- JPN
- Abstract
- Fujita (1982) argues that delinquencies committed by Japanese Koreans begin in their early adolescence and that environmental factors characterizing Korean sub-society in Japan are responsible for the delinquencies. (Fujita mentions such "environmental factors" as low socioeconomic status of Korean families.) But can we explain delinquencies of Japanes (Koreans only in terms of such "environmental factors"? This paper examines this causal issue on the basis of case studies. A close examination of the social organization of Korean people ir Japan as a "minority group" reveals that it consists of numerous subgroups which are heterogeneous with regard to such characteristics as nationality, socioeconomic status, and generation. Our case studies of Korean delinquents indicate that their self-identity as Koreans varies according to the types of subgroups to which they belong. Levine's (1977) "Typology of Stranger Relationship" gives us a clue to explore the social roles of the Korean adolescents in Japan and their bearings on their delinquencies. The two axes of his typology are "Stranger's Interest in Host Community" and "Host's Response to Strangers". Although Levine's typology is useful in classifying Korean people's "interest in host community", it dose not include a category for the typical response of Japanese to Korean ; i. e., "negative stereotyping" (Wagatsuma, 1981). "Negative stereotyping" is crucial in shaping Korean adolescents' selfidentity as marginal men. It is also crucial in determining scioeconomic status and social marginality of Koreans in Japan. The first conclusion of this paper is that construction of a more elaborate typology about types of marginality of Koreans is crucial in understanding causal mechanism underlying delinquencies of Japanese Koreans. Another conclusion of this paper is that we have to employ a phenomenological approach in understanding and analyzing individual cases. The approach will enable us to explore effects of the strain factors which have been said to be characteristic of Korean delinquents in Japan. If we can synthesize the typological studies and case studies, we will be able to elaborate a theory about deviant behaviors of minority peoples in general.
- Fuji,Masatake 1984 Reconsideration of a Institutional Treatment Specialist : As Self-criticism of a Juvenile Training School Teacher (Contemporary Society and Sociology of Crime : in Search of New Perspective). No.9 pp.68-79.
- Language
- JPN
- Abstract
- A dacade has passed after the foundation of Sociological Criminology Society of Japan, and this fact has made me reconcider my tracks in there ten years. I have been enlightened very much by many research studies about juvenile delinquency which have been published recently, being stimulated by the third drastic increase of their number after World War II. On the other hand, I am penitent for my idleness because I have been an only nominal member of Sociological Criminology Society and have made no prominent research study as a correctional treatment specialist of juvenile delinquency. Above all, I think that the following two problems should have been tackled and positively studied by specialists of institutional treatment in cooperation with officials of other organizations concerned : (1) characteristics and problems of the institutional custody-relationships between custody and education, (2) raison d'etre of juvenile training schools - their relationships with other organizations of juvenile education. I would like to make some comments about my distress and struggle which I have met within my routine job, expecting to learn from your comments and advice.
- Yajima,Masami 1984 Sociology of Japanese Association of Criminal Sociology (Contemporary Society and Sociology of Crime : in Search of New Perspective). No.9 pp.80-96.
- Language
- JPN
- Abstract
- The transition of Japanese Association of Criminal Sociology, from 1974 to 1983, is following ; (1) Among the membership, approximately half of practitioners have substantially withdrawn from JACS. (2) The members who are practitioners little report at annual contresses of JACS nor write for issues of Japanese Journal of Sociological Criminology. (3) The members who majored in law became dominant in JACS, whereas the members whose speciality is sociology have stayed relatively inactive compared to jurists. (4) Very few have reported nor written on clinical studies. (5) Labeling Theory had flourished in the 1970's but has declined in the 1980's. (6) Law Sociological and control approaches have grown more popular, whereas classical and aetiological approaches have remained stagnant. (7) The concept of "Student Sub-culture" has been introduced from educational sociology.
- Sumida,Masaki / Watanabe,Yasuo 1984 Teachers' Group Activity for Delinquent Student Guidance and Its Effect : From the Survey of F Prefecture. No.9 pp.98-118.
- Language
- JPN
- Abstract
- In this paper, the authors intend to clarify the relationships between the extent of the united activity for guidance of teachers as a group - they term it the guidance ability of teachers' group - and the effects of the united activity on the students' deviant behaviors, especially junior-high school students' deviant behaviors. So far studies of the juvenile delinquency have dealt with the problem, in relation to the school education, that students with poor achievement have not adjusted himself to the school life. There is no doubt that the poor educational achievement is one of the major causes of juvenile delinquency. But actually, the rate of the delinquent students differs from school to school though there are about the same numbers of poorly achieving students at every school. So we should consider carefully the differences of respective school organization and school management to understand the facts. This paper pays attention to the difference in the extent of the united activity for guidance of teachers' group. The authors carried out a mail survey including 285 junior-high school teachers (one teacher from each school) in F Prefecture from the beginning of July to the middle of November in 1983 and collected 127 questionnaires of the number. We classified teachers' groups into three types on the basis of these data and applied these types as a framework for analysis. Consequently the following conclusions were obtained. (1) In schools of high guidance ability of teachers' group, there are few delinquent students, the teachers' morale is high and the teachers lay stress on mutual solidarity as a preventive measure for delinquency at school. The, teachers' group activity for guidance is effective. (2) On the contrary,in schools of low guidance ability, that is to say, in schools where the extent of the united activity of teachers' group is low, there are many delinquent students and the teachers' morale is low. The teachers lay stress on close contacts between teachers and students but the techers'group activity is ineffective.
- Hattori,Akira 1984 A Study on Re-integration Process of Offenders. No.9 pp.119-138.
- Language
- JPN
- Abstract
- This article aims at, with the result of an empirical study, revealing the process how the offender can be re-integrated into the community. Such a concern pursues the possibility of the reversion of a 'labeling' process. That is, how the actor of a crime can be freed from a negative label of 'the offender', and be re-identified as a law-abiding person by people in the community. 2. Samples and Method of Research : The samples of this research study are a total of 553 university students. They were asked to read four fictitious stories: worker's injury, traffic accident, violence and shoplifting. Students were then asked to answer if they would keep associating with the offender in each story. These four stories were intentionally varied in details about the actors' attitudes or situations after committing crimes. For example, (a) if the actor repented and apologized to the victim, (b) if he tries to compensate for the damage, (c) if he was imposed any sanction, etc. Obtained data were analyzed by means of 'Analysis of Variance' (ANOVA). 3. Results of Analysis : Samples of this study tend to keep associating with the actor in the following cases: (a) when the actor repented of his crime and apologized to the victim, (b) when he tries to compensate for the damage, (c) when he decides never to drive after causing the traffic accident. But such motivation for friendliness doesn't occur, when the actor was only imposed such sanction as warning by his superior, a salary reduction, or investigation by the police. These results show that the people generally accepted the actor, when they judged that he will less possibly repeat a crime, and felt it unfair to keep reproaching him, through facing the actor's sincere attitudes after his committing a crime. 4. Conclusion : People tend to denounce and exclude the actor of a crime, labeling him as 'the offender'. But at the same time people tend to let the actor re-integrated into the community, and to free him from the label, when he tries to assume his responsibility and represents penitent attitudes. Thus, the actor is allowed to be integrated with the people in the community, and can revert to what he was before.
- Kiyota,Katsuhiko 1984 Characteristics and Social Backgrounds of the Contemporary-Type Juvenile Delinquency. No.9 pp.139-160.
- Language
- JPN
- Abstract
- The purpose of this paper is to study the essential characteristics of the contemporary-type juvenile delinquency in relation to its social back-gorunds. First, the author referred to the differences between the traditional and the contemporary types of juvenile delinquency. Secondly, the author pointed out that distinctive tendencies of the contemporary-type juvenile delinquency are "generalization of delinquency" and the increase of "play-type delinquency", and analized the characteristics of each tendency in connection with its social backgrounds. In this paper, the author defines the contemporary-type juvenile delinquency as "the characteristic form of juvenile delinquency in contemporary society and the form of juvenile delinquency which sharply reflects the contemporary social situations". By defining in this manner, it is clear that the form of juvenile delinquency which has the distinction of "generalization" and "play-type" is a tapical form of the contemporary-type juvenile delinquency. But traditional-type juvenile delinquency which is committed by boys with handicaps in their dispositions and/or environments, remains firmly in this society, and the author would like to define much of this type as another contemporary-type juvenile delinquency. Recent tendency of juvenile delinquency is the strong dichotomy between the middle-class, play- and escape-type juvenile delinquency and the traditional, violent- and aggressive-type juvenile delinquency. The author analized this in relation to the duality of contemporary social structures and the social situations of administrated society.
- Takahashi,Hitoshi 1984 The Social Background of Maladjusted Behavior and the Basic Principle of Guidance. No.9 pp.161-179.
- Language
- JPN
- Abstract
- This paper examines the social backgrounds of problem behaviors of junior high school students, intending to search for the proper methods of their correction. Adaptive students having no experiences of problem behaviors are obedient in their homes, study hard and adjust themselves to the school life. But problem students have fine physique and many friends, and are fond of sports. In short, they are hyperactive. Considering these points, we may interpret problem behaviors of junior high school students as an outcome of their activeness and behavioral patterns. Analizing the discipline of students by their parents, adaptive students are strictly disciplined, but maladjusted students are more loosely disciplined. Self concepts of adaptive students are positive in general, while maladjustive students tend to have much more negative self images. In other words, problem students think firmly that they are not good students nor children for themselves. Information which teachers have about students' maladjustive behaviors and troublds are not so accurate as expected. School teachers do not necessarily have proper understanding of their students. It is necessary for teachers (and the concerned) to look for a proper method of correction based on the precise information about not only students' current attitudes and behaviors but also their life histories and behavioral patterns.
- Hirose,Takuji 1984 In Memory of the late MR. Koji Kashikuma : An unpublished Manuscript with the Introduction. No.9 pp.180-183.
- Language
- JPN
- Abstract
- Abe,T 1984 Current Issures on Penal Punishment and Correction. No.9 pp.197-202.
- Language
- JPN
- Abstract
- Hosoi,Y. 1984 Criminological Studies in North Europian Countries. No.9 pp.203-215.
- Language
- JPN
- Abstract
- Mochizuki,Takashi 1985 Crime,Delinquency and Family Times(Crime, Delinquency and Family). No.10 pp.4-15.
- Language
- JPN
- Abstract
- Horiuchi,Mamoru 1985 Distorted Family Relationship in Case of Crime and Juvenile Delinquency(Crime, Delinquency and Family). No.10 pp.16-33.
- Language
- JPN
- Abstract
- Tokuoka,Hideo 1985 The Significance of the "Broken Home" as a Factor of Delinquency(Crime, Delinquency and Family). No.10 pp.34-47.
- Language
- JPN
- Abstract
- Motomura,Hiroshi 1985 A Study of Delinquency in Terms of Family Pathology(Crime, Delinquency and Family). No.10 pp.48-63.
- Language
- JPN
- Abstract
- Shojima,Hiroshi 1985 Helping a Family in a Clinical Approach to Delinquency : In Search of a Functional Family(Crime, Delinquency and Family). No.10 pp.64-77.
- Language
- JPN
- Abstract
- Kiyonaga,Kenji 1985 Juvenile Delinquency Development and Family Background(Crime, Delinquency and Family). No.10 pp.78-95.
- Language
- JPN
- Abstract
- Moriyama,Tadashi 1985 Legal Response to Crime and Delinquency among Family Members(Crime, Delinquency and Family). No.10 pp.96-110.
- Language
- JPN
- Abstract
- Ota,Tadatsune 1985 The Consiousness of Shame of Delinquents. No.10 pp.112-130.
- Language
- JPN
- Abstract
- Nakamura,Kanehiko 1985 B.B.S. Movement and Its related Issues. No.10 pp.131-146.
- Language
- JPN
- Abstract
- Suzuki,Shingo 1985 A Review of the Development of Studies at the Urban Systems Institute, the Carnegie-Mellon University. No.10 pp.147-169.
- Language
- JPN
- Abstract
- Sawada,N 1985 A Review of Recent Studies on Female Delinquency. No.10 pp.170-178.
- Language
- JPN
- Abstract
- Kubo.T 1985 A Review of Recent Studies at the Center for Studies in Criminology and Criminal Law, University of Pennsylvania. No.10 pp.179-186.
- Language
- JPN
- Abstract
- Matsumoto,Yoshio 1986 Introducion to Statistics on Delinquency : Note on Statistical Analysis of Delinquency (I Review of Indexes of the Crime). No.11 pp.4-19.
- Language
- JPN
- Abstract
- A quantitative analysis concerning juvenile delinquency can be divided into extensive reseach and analysis of statistics on delinquency. The present study deals with the technical problems of methods in analyzing statistics on delinquency. It has confirmed its significance in affirming that a quantitative analysis concerning juvenile delinquency must take sociological epidemiology into consideration. Methodological problems in analysing statistics on delinquency need to be elaborated from the following three different aspects. They are : i) Problems in calculation requisites for prescribing statistics on delinquency ; ii) Problems in composing indexes on delinquency ; iii) Problems in measuring, a more precise study based on statistical data. Concerning problems in composing indexes, it has been emphasized that the following indexes should include : (1) The occurence rate of delinquency on the whole ; (2) the occurence rate by sex and age ; (3) indexes of the type of delinquency ; (4) indexes on social attributes of delinquents ; (5) indexes of treatment processes of delinquents ; (6) indexes on the capacity of law enforcement agencies and ; (7) indexes of environmental factors that cause delinquency. In addition, the need for administering a general survey of teen-agers at large is suggested in order to make a sociological analysis on juvenile delinquency more meaningful.
- Sato,Tsuneko 1986 The Reality of Criminality in Japan (I Review of Indexes of the Crime). No.11 pp.20-37.
- Language
- JPN
- Abstract
- The mass media carries almost everyday news on socio-pathological phenomena such as crime, delinquency and traffic accidents. The news are, however, just "the so-called the tip of the iceberg". More various types of socio-pathological phenomena occur day after day, which is unfortunate indeed for victims and the society as a whole. When you look at the trend of crime in Japan, you will find that the number of larceny theft and stimulant drug controllaw violations increasing up in recent years. Japanese society, as you know, has been developed at a surprising rate. Now, Japanese people can enjoy their high living standard in "an affluent society." So the up-trend of larceny theft seems difficult to comprehend, because larceny theft was considered to be an offence produced by poverty in the past. On the other hand, the recent trend can be analized in the context of recent social structural changes, which has made the global distance much closer not only physically but also psychology. But the "first but least" step for analyzing trends in crime in Japan is to get their precice and accurate prictures. In this article, the author analyses the typical recent trends in crime by dealing with reliable criminal data reported to the police. 1. Penal Code Offenses In 1985, the number of Penal Code offenses reported to the police was 2,121,410, an increase of 41,113 (2.0%) over the previous year. The number of Penal Code offenses recorded, excluding professional negligence, was 1,607,663 which marked an increase of 18,996 (1.2%) over 1984. The number of offenders of Penal Code offenses cleared by the police amounted to 970,226 in 1985, an increase of 8,887 (0.9%) over the preceding year. The number of Penal Code offenders other than those for professional negligence was 432, 107 which marked a decrease of 14,486(3.2%) from 1984. In comparison with the respective numbers in the major categories of reported Penal Code offenses in the previous year, 1985, those of professional negligence, larceny, embezzlement were on the increase, where as those of bodily injury, assault, rape, homicide, robbery were on the decrease. The crime rate (the number of reported offenses for each 100,000 in population) in the United States, the United Kingdom, the Federal Republic of Germany and France in 1984 with respect to offenses equivalent to Japanese Penal Code offenses excluding professional negligence, were 5,031, 6,674, 6,755 and 6,714 respectively. In contrast, the rate in Japan was only 1,289. 2. Special Law Offenses In 1985, public prosecutors offices throughout Japan recieved a total of 2,454,199 suspects of Special Law Offenses, of which 93.0% (2,286,827) were for road traffic violations and 167,372 were for violations of other Special Laws. 3. Juvenile Delinquency In 1985, Penal Code offenses involving a total of 304,070 juvenile and child offenders were cleared by the police. Juvenile and child offender in 1985 accounted for 29.6% of all Penal Code offenders whose offenses were cleared by the police. The year 1985 saw 16.0 juvenile and child offenders per 1,000 juveniles between ten and twenty years of age in population, compared with 8.5 adult offenders per 1,000 adults in the population. The number of juvenile and child offenders investigated by the police for nontraffic Penal Code offenses in 1985 was 250,132, representing 51.2% all nontraffic Penal Code offenders whose offenses were cleared by the police. This number accounts for 13.2 per 1,000 juvenile population, this rate being about five times higher than that for adult offenders. The number of juvenile suspects investigated by the police during 1985 for violations of Special Laws other than road traffic violations totalled 35,803, a decrease of 3,449 from the previous year. Violations of the Poisonous and Hazardous Substances Control Law were the most frequently committed (70.9%), followed by violations of the Stimulant Drugs Control Law (5.8%). These two types of violations, which involv
- Nishimura,Haruo 1986 Value in Perspective of Indexes of the Criminal Justice (I Review of Indexes of the Crime). No.11 pp.38-60.
- Language
- JPN
- Abstract
- An index is another simpler, and numerical expression of a complex phenomenon or an abstract concept. So well constructed indexes would give us an accurate and plain understanding of that phenomenon or concept. This paper deals with improvement of criminal justice indexes, especially statistical indexes used in the criminology and the administration of the criminal justice. Seven volumes of the criminal justice statistics are published annually in Japan by three agencies. They are : Police Crime Statistics, the Ministry of Justice Annual Report of Prosecution, the Supreme Court Annual Report of Criminal Procedure, the Supreme Court Annual Report of Juvenile Procedure, the Ministry of Justice Annual Report of Correction I and II, and the Ministry of Justice Annual Report of Parole and Probation. The kinds of statistical items of each volume were presented in summary at the end of this paper. It is pointed out that official statistics compiled by the criminal justice agencies are a source of objective and usefui knowledge and at the same time a source of imperfection and error messages. Aside from the immaturity or intentional manipulation of data collection and input by the criminal justice personnel, these imperfection and error derive from our incomplete interpretation about what these statistical indexes indicate. They are neither more nor ldss than what we expect, and in present society the mass media intervene between the statistics and us. Thus our understanding of the criminal justice statistics depends partly upon the quality of the mass media. Several issues on the criminal justice statistics have been discussed until the present. Some of them seem to be legitimate, and others to be meaningless. Further mention was made of such problems as a sense or nonsense of a durk figure, the proposal of consumer-oriented statistics, regarding statistics as reflecting either a reality or a wishful thinking of the routine work of the agencies, a criminologist's way of approach to the statistics, a new conceptual definition of crime and crime rate, the idea of the criminal justice system being defined as a value-added process, not as an arbitrary decision making process, the concept of criminal justice system as a social organization composed of its personnel, and a new type of statistics for the sake of crime prevention rather than for processing criminals. Those new conceptualization of the crime and criminal justice system will certainly stimulate and promote improvement of the production of the existing statistics and a better understanding of them.
- Tsujimoto,Yoshio / Fujiyoshi,Kazushi 1986 Legal Aspects of Criminal Reporting (II Problems of Crime Reporting in Mass Media). No.11 pp.62-78.
- Language
- JPN
- Abstract
- The so-called "Miura Fever" has swept the nation over the past 20 months since the weekly magazine ___- published an article voicing skepticism about the Los Angels murder case. The news of Mr. Miura's arrest gave the public the impression of the importer being guilty before his innocence was proven. He was arrested as a suspect only on charge of a slight injury done to his former wife. Even if he had commited a crime he has no reason to suffer such abusive reports by mass media. By and large, the Japanese public seems to have accustomed to reading newspapers or watching TV reporting of criminal suspects in which reporters treat arrested persons as though they were already convicted. Kenichi Asano, author of "The Crime of Criminal Reporting", calls crime reporters "The police with a pen". He reached a conclusion that the best way to avoid victims of journalists' reporting is not to reveal suspects' names at all. By publishing criminal suspects' names, the media have penalized them even before the police started investigation. Referring to cases involving false charges, it takes many years for a person to legally restore his/her rights and life. Many defamatory publications might be dealt with either in the civil courts, or the criminal courts. A defamer could be sent to prison or made to pay for damages - this is Libel and Slander. Although the law of libel may seem severlly applied to newspapers, it was codified (according to articles 13 and 21 of our constitution and item 230-2 of our Criminal Law) in such a way as to protect the legitimate functions of a free Press while still protecting the reputation of individuals. In England, contempt of court has existed in the common law for many centuries to protect the administration of justice against interference of any kind. Contempt of Court Act 1981 gave journalists greater protection against being held liable for unintentional contempt because of the danger of prejudice in a particular case. Without having such act, Japanese journalists must try to report with the decencies. We consider "The presumption of innocence" - a man is presumed to be innocent until he is proved guilty - to be the outstanding principle of a modern criminal law. Crime reporting can and will be changed as people's awareness of human rights improves.
- Shiomi,Kenzaburo 1986 Crime News Reporting and the Press Ombudsman (II Problems of Crime Reporting in Mass Media). No.11 pp.79-99.
- Language
- JPN
- Abstract
- Crime news often poses problems of undue damage to peace and integrity of the people involved. Particularly true in our society where competitive media swarm over whatever topic (or scandal) they sniff out and almost one-ethnic nation of a hundred million population of one language, one time (GMT) and of virtually one life-style well sup on headlines passed over into the door of each house. The year 1985 was characterized by our mass media having reached a new depth in combing out scandals, murders and accident bloodsheds, too deep and too derogatory. Reporters' pushing too far recoiled on itself. Mr.Asano, a reporter at the Kyodo News Agency, voiced a call for more decency in reporting. He referred to Scandinavian "anonymity reporting" and Press council/Ombudsman system. Asano's point was supported by many fellow news-men, lawyers, academics as well as by lay citizens. They initiated a movement to improve the present system of mass media. There is another problem for us to sift out. The government policy of "non-access to public documents," apparently undemocratic practices obstinately handed over from old regime, should be recalled. Establishment of the principle of free access to public documents provides a basis for a drastic change in the relations between the government and the media and between the media and the people・・・・・・from subordinative to equal relationships, because the press no longer "monopolize" the news-sources. Some examples of autonomous schemes of self-restraint on the part of mass media are reviewed : Ombudsman of the Washington Post and other United States newspapers, and Swedish Press Ombudsman and Press Council. They are not legal entities, their decisions being publicized by virtue of agreement with mass media. They accept complaints, investigate those worthy of attention, and then take steps to remedy the problems ・・・・・・"intercession, conciliation, or, in extremes, publicizing professional misconduct in order to force improvement. The word publicizing means to let both newsrporters, editors and the readers know what is right and what is wrong. They all need improved recognition・・・・・・a sure method to control the problem.
- Matui,C. 1986 Tends of the Literature of Human Rights and Crime Reporting (II Problems of Crime Reporting in Mass Media). No.11 pp.100-109.
- Language
- JPN
- Abstract
- Fukuda,Ikuo 1986 The Juvenile Firesetters, Today and Hereafter. No.11 pp.112-130.
- Language
- JPN
- Abstract
- This paper presents some trends of juvenile firesetters in Japan. We know the juvenile firesetting has not become yet one of great social problems as it is in the United States. But there may be some factors which generate increased arson cases. The following are several characteristic and qualitative changes in juvenile firesetting in the past 10 years. Statistically speaking, about 1 % of all juvenile arsonists are psychoses, and this rate is still decreasing. In contrast, arsonists aged 14 and 15, are increasing. At present, they amount to 45-50 % of all juvenile firesetters. An interesting fact is that more than 50 % of kid accomplices who committed arson were aged 14 and 15. In a socio-economical point of view, juvenile firesetters belong to the lower class more often compared with other kinds of delinquency. In the United States, it is reported that most juvenile firesetters are from the middle class. The trend in Japan is in contrast with that in the United States. The auther has arrived at the following conclusions. Very few young arsonists suffer mental diseases. Most of them are normal through troubled. The younger firesetters may increase in future. They may set fire as accomplices in the crime. In order to understand increasing younger arsonists, analysis of the symbolic meaning of flame and the motivation to set fire will offer more important clue.
- Iwasaki,Masakazu 1986 Classification of Japanese Prefectures in Terms of the Main Crime Indices Using a Log-linear Model. No.11 pp.131-150.
- Language
- JPN
- Abstract
- Recently the crime phenomenon was analyzed quantitatively by some co-operative researches between statisticians and criminological researchers, particularly in U.S.A. This movement might be natural from the recent view of the notable development of new statist/ical procedures. Although there are many approaches to criminal research, the method employed in this paper was statistical and should be compatible with traditional forms of research. First, we analyzed the change of main crimes in Japan after World War II using a Log-linear model which is a fairly new statistical procedure. Secondly, we made the time pattern of the change of each prefecture and classified the 47 prefectures into groups in terms of the similarity of the pattern. As a result of the analysis, we found the phenomenon of the change as follows : Felonious and violent crimes tended to decrease, but larceny and intellectual crimes showed a tendency to increase. That is, the weight of the main crime has changed from felonious and violent crimes to theft and intellectual crimes. Finally, we classified each brefecture into 5 groups by the time pattern of the change as follows : [Year] (1954)→(1966)→(1974)→(1984) Class 1 (Complex pattern)→(Rape, Assault, Injury)→(Theft)→(Theft) Class 2 (Complex pattern)→(Rape, Assault, Injury) or (Rape, Assault)→(Theft) or (no feature)→(Fraud) Class 3 (Complex pattern)→(Rape, Assault, Injury)→(Theft)→(Theft, Fraud) Class 4 (Complex pattern)→(Assault, Injury) or (Injury, Theft) or (Rape, Assault, Injurj)→(Assault) or (Theft) or (Assault, Theft)→(Theft) or (Embezzlement) or (Theft, Embezlement) Class 5 (Theft, Embezzlement)→(Robbery, Arson, Assault, Injury, Fraud)→(Robbery, Rape, Assault, Injury)→(Theft)
- Mugikura,Tetsu 1986 The speciality and diversity of the "Hodo-Itakusaki" : Private Guidance Home for Delinquant Boys. No.11 pp.151-174.
- Language
- JPN
- Abstract
- The Family Court can entrust delinquent boys to Hodo-Itakusaki, according to the process of juvenile justice (The Japanese Juvenile Law, art. 25). Of Course, it is necessary for such a decision to be based on a reasonable judgement. The trustee (master of Hodo-Itakusaki) protects and guides boys for the restoration of their sound daily lives. In case guidance in Hodo-Itakusaki is successfully completed, the boys don't generally need treatment in a refomatory. This paper aims to describe the present state of Hodo-Itakusaki, from the viewpoint of its speciality and diversity. Most of the data used are based on interviews with the four trustees. 1. Hodo-Itakusakies have specialities in some respects in overall jevenile protection system. (1) Delinquent boys must leave their usual living conditions when they are entrusted to Hodo-Itakusakies, and very often they can get out of their pathological living conditions. (2) The boys come to lead regular lives under the guidance of trustees. (3) Trustees treat boys individually and understand each boy's way of thinking. (4) Trustees guide boys with positive guidance programs. (5) The goal of this guidance by Hodo-Itakusakies is to make boys lead stable lives in their new living conditions. For example, most boys individually need to get jobs suitable for them. 2. There is diversity in Hodo-Itakusakies. Itakusakies are different from each other in some respects, to meet diversity of boys' needs. (1) Itakusakies vary in the capacity and the composition of their staff, although the maximum capacity of each Itakusaki is 20 boys. (2) Each Itakusaki has a unique evironment and living facilities. Some Itakusakies are located in cities, others in places closer to nature. (3) Each Itakusaki has its own image of a boy who will fit its programs and lives, and as long as boys are suitably selected and entrusted, the guidance for boys generally yield goods effects. (4) Each Itakusaki has its own concrete guidance program. It provides boys with opportunities to reflect on themselves in some cases, train themselves in others. There are the speciality and the diversity in Hodo-Itakusakies. If these resources are effectively and appropriately applied, the role of the Hodo-Itakusaki in total juvenile justice system will become increasingly important.
- Hata,Masaharu 1986 Structure of Bullying Problem and Educational Pathology in School System. No.11 pp.175-198.
- Language
- JPN
- Abstract
- Bullying is not only educational problem but also serious societal problem at present. Contemporary bullying problem is characterized by bullying the weaker in groups. In addition, some forms of bullying tend to become more wicked and criminal obviously. Recently, there are cases in which bullied juveniles committed suicide. Based upon these contemporary tendencies concerning bullying problem, this paper analyzes the primary factor of bullying. Moreover, the problem of educational process in school which affects the bullying is distussed in a viewpoint of educational pathology. The results are as follows : (1) There are two types of deviant behaviors, bullying and non-bullying (see Figure 2). Bullying deviant behavior type is characterized by a series of bullying acts as a matter of course. This type is relevant to defiant attitudes toward class teacher. On the other hand, non-bullying type is characterized by criminal acts and absence of bullying. (2) Bullying is related to the defiant attitude toward class teacher, as previously stated. For example, juveniles who commit the bullying speak in of their class teachers behind their back (see Table 1). Consequently, it stands to reason that bullying is caused by juveniles' distrust of class teachers (see Table 2). (3) The structure of human relations in a classroom forms the background of bullying among juveniles. In every classroom, there are a few juveniles disliked by all other classmates. Classmates turn a cold shoulder on, and bully these isolated members in various ways. That is to say, the juvenile is entirely alienated and bullied by the rest of his/her classmates (see Figure 5). (4) As a result of Hayashi's quantification method of the first type the most influential variable of bullying is an attitude toward a class teacher, and then breach of school regulations (see Table 4). As to a variable of suffering the bully, the primary factor is immaturity in mentality (see Table 5). (5) Simply stated, bullying problem is a pathological phenomenon of school education, because the problem reflects mutually distrustful relationships between class teachers and juveniles. However, it is necessary to interpret positively this fact. We need to investigate desirable relationship structure between class teachers and juveniles in order to eradicate bullying.
- Oda,K. 1986 Coping with the Change of Criminality in Social Transition. No.11 pp.199-207.
- Language
- JPN
- Abstract
- Miyazawa,S. 1986 From Trens of Research Studies on Sociological Criminology in the U.S.A.. No.11 pp.208-217.
- Language
- JPN
- Abstract
- Araki,Nobuyoshi 1987 The Concept and Function of Status Offense(Symposium:The Concept and Realities of Pre-Delinquency). No.12 pp.4-22.
- Language
- JPN
- Abstract
- This article has three purposes; to clear 1) the concept of status offense, 2) the borderline and the relationship between status offender and juvenile offender, and 3) these between status offender and trifling juvenile delinquent. Article 3.1 (3) of the Juvenile Law (1948) provides two conditions, with which Family Court may have jurisdiction over the status offenders. The first one is composed of four kinds of behavior, and it is better than having nothing like this (cf. the former Juvenile Law (1922) Art. 4 (1)). Though, their connotation and denotation are too vague to work as the effective restriction for the fundamental human rights. The second one is the status offender's proneness to commit a crime. But, because of the technical reasons, to make the exact prediction of the future criminal action is almost impossible still now. So, the prediction seems to be the one based on the common sense only, and its persuasion depends, not on the result of scientific investigations, but on the ability shaping the documentary evidence. Protective measures are taken according not to the gravity of the crime, but to the necessity of protection, and the Family Court pre-sentence investigators, whose fields are sociology, psychology, or pedagogy, work just for this purpose. So, the necessity of protection is the third condition, and its meaning should be the effectiveness of correctional treatment, and the worthiness of protection. In 1985, among the 291,789 persons dealt with protective procedures at the Family Court, status offenders were only 4,560 persons (1.6%). As to the status offender, the ratio of protective measures was 22.1% higher than that for the total, and among them the ratio of committal to Juvenile Training School was 12.9% higher than that for the total. It is said that the necessity of protection of status offender is greater than that of juvenile offender. But, only the status offenders with the greatest necessity of protection are selected to be referred or informed by the juvenile police. Trifling juvenile delinquents, whose behavior was almost the same as the status offenders', and whom the juvenile police did not need to refer or inform to the Family Court or the Child Guidance Center, were 1,477,134 persons in 1985. In accordance with the increase of the juvenile police case-workers, the declining tendency of the number of status offender will continue.
- Ishikawa,Emiko 1987 Pre-Delinquency and Some Problems on its Application(Symposium:The Concept and Realities of Pre-Delinquency). No.12 pp.23-46.
- Language
- JPN
- Abstract
- I examined what kind of concrete behaviors were stipulated as predelinquency in its concept. I'll leave abstract discussion on the concept of pre-delinquency to the scholars and judges. I also tried to clarify, from a variety of data, whether or not difference between pre-delinquent and a similar concept of "misdemeanor juvenile" (Furyo-koi Shonen) devised by the police was obvious enough. I learned: If a misdemeanor juvenile has committed any one of such behaviors as runaway from home, drug addiction, violence and fight, he is probably considered to be a pre-delinquent. And when the misdemeanor juvenile under the police guidance is regarded as having rehabilitated himself, he is not probably refferred to the Family Court as a pre-delinquent. (It is obvious that the police decides whether the juveniles are pre-delinquents or not.) The exsisting Juvenile Law has inadequacies regarding pre-delinquency. The followings will exemplify the exhibited problems; 1. Many pre-delinquents are sent to the Family Court escorted by the police (The police actually takes charge of them and escort them to the Family Court on the pretext that they go together voluntarily). 2. The pre-delinquents are referred to the Detention House in so many cases. This comes because some judges decide by themselves without hearing the research secretary (of the family court)' opinions. 3. Police officers often want to visit the juveniles confined in the Detention House for the purpose of information-gathering. 4. Further, there is no legal controle when the police try to find pre-delinquents. There is no legal basis when the police guide the pre-delinquents and misdemeanor juveniles, either. Something must be done immediately to cope with these circumstances from the view point of juveniles' (fundamental) human rights.
- Hayami,Hirosi 1987 The Realities and Protection of Pre-Delinquents(Symposium:The Concept and Realities of Pre-Delinquency). No.12 pp.47-66.
- Language
- JPN
- Abstract
- Advocacy of human rights free from authoritative powers has been more intensified recently. The standpoint of protection of such human rights often tends to maintain that the regulations of pre-delinquency violate juveniles' human rights through their abusive application. It is right in part. Overemphasis of this risk, however, may overlook another fact that these regulations at the same time defend juveniles from factors which may deteriorate their lives. Consequently, socially handicapped boys and girls will be deprived of their human rights in dual senses: First, through the damage by social handicap; second, by being neglected in the community. The regulations and application of them are by no means without any problems. This article, however, attempted to show their validity from the latter aspect of protecting juveniles' human rights against harmful social factors, through presentation of a pre-delinquent's case and statistics related to pre-delinquency.
- Tateyama,Tatsuhiko 1987 Correctional Treatment in Prisons and Private Prisons in the United States. No.12 pp.68-84.
- Language
- JPN
- Abstract
- When we take a look at the Crime Index, when it compares the crime rate of 1985 with 1975, we find that forcible rape has increased by 55.7%, aggravated assault by 49.2%, larceny-theft by 15.9%, motor vehicle theft by 10.2% and robbery by 7%. In contrast, murder has decreased by 8.1% and burglary has decreased by 6.8%. As the result, prison and jail populations have doubled in a past decade. U.S. jail population was 234,500 in 1985... a new record and a 46% increase in only six years. In. the case of California, the prison population was 20,345 in 1976 but by 1985 rose to 47,075. Overcrowding has become the most serious problem in correctional treatment in the prisons. Folsom Prison, for example has had their educational program and vocational program severely influenced by its overcrowded situation. Wherever we go, we can find overcrowding in prisons and jails. In order to bring a solution of this kind of problem, a concept of private prisons has arisen. Private firms argue that they can operate detention facilities more economically and efficiently than the public sector. For example, Corrections Corporation of America, which is one of the private firms, is coducting the management, leasing, development and ownership of prisons and other correction and detention facilities and institutions in the private sector as follows: 1. Bay County Jail, (196-bed jail) Panama City, Florida 2. Bay County Jail Workcamp/Jail Annex, (174-bed) Panama City, Florida 3. Houston INS, (350-bed facility for illegal aliens for the U.S. Dept. of Immigration and Naturalization Service) Houston, Texas 4. Laredo Processing Center, (208-bed facility for illegal aliens) Laredo, Texas 5. Silverdale, (360-bed men's workhouse and women's jail) Chattanooga, Tennessee 6. Shelby Training Center, (150-bed secure juvenile training Center) Memphis, Tennessee 7. Tall Trees, (48-bed juvenile home) Memphis, Tennessee 8. Santa Fe County Detention Facility, (133-bed jail) Santa Fe, New Mexico 9. Fayetteville Community Treatment Center, (24-bed halfway house for Federal Bureau of Prisons) Fayetteville, North Carolina
- Takemura,Noriyoshi 1987 Rinascimento della criminologia italiana? : Saggio politico-economico sulla colonizzazione del campo di liberta e sicurezza civile e sullo sviluppo della criminologia critica in Italia. No.12 pp.85-104.
- Language
- JPN
- Abstract
- In Italia il campo della criminologia e stato fino ad anni recenti monopolizzato dalle tesi positivistiche e soprattutto ha avuto un processo di elaborazione e di ricerca quasi del tutto separate dalla sociologia. Ma dalla seconda meta degli anni cinquanta che alcune ricerche sociologiche studiano criminalita e devianza attraverso un modello interpretative che privilegia le cause sociali della criminalita. Sviluppando il modello della emarginazione sociale e il modello della reazione sociale, inoltre introducendo il punto di vista che privilegia le fasi politico-economiche della criminalita, oggi la criminologia critica che e stata sviluppata dal gruppo dell' Universita di Bologna dalla meta degli anni settanta forma il campo peculiare; una ricerca della possibilita di costruire "una politica criminale per il movimento operaio." Questo lavolo, fissando l'attenzione su questa tendenza, all'inizio, ricerca i fattori politico-economici che hanno fatto inevitable un aumento della criminologia critica attraverso il metodo in cui il processo di sviluppo della criminologia italiana per uno secolo passato e situate nel processo di mutamento della situazione socio-economica in Italia e e connesso al mutamento della struttura sociale. Poi, assumendo questo lavolo, caratterizziamo l'originalita, cioe l'ipotesi e la costruzione della teoria criminologica del gruppo di Bologna che ha esercitato una grand' influenza sulla nuova criminologia recentemente e esaminiamo l'analisi che questo gruppo ha condotto sulla situazione di sviluppo della politica penale/criminale in Italia. Alia fine descriviamo la situazione problematica teorico-pratica della criminologia critica che affronta le offese duplici: da un lato una minaccia per la liberta e la sicurezza civile causata dalla frequenza dei terrorismi, dall'altro uno sviluppo della politica di "legge e ordine" contro questa minaccia. Oggi in Italia la questione criminale e fatta il punto strategico di controllo sociale dal stato e "la colonizzazione del campo di liberta e sicurezza civile" sta avanzando costantememte attraverso la politica di "legge e ordine" stata iniziata dalle legislazioni contro i terrorismi. Nella situazione in cui la conoscenza di necessita che dobbiamo affrontare questa tendenza di involuzione sta aumentando, la criminologia critica non ha potuto sviluppare "una politica criminale alternativa" effettiva nella qualita di strategia pratica. Sotto questa situazione di crisi, la esistenza stessa della criminologia critica e messa in questione. Dunque al presente siamo premuto dalla necessita che riesaminiamo le ipotesi e la base costrutiva di questa teoria.
- Akaike,Kazumasa 1987 Le debat sur privatisation des prisons en France: 1986-1987 : la politique penale entre deux strategies politiques. No.12 pp.105-124.
- Language
- JPN
- Abstract
- On peut dire que le passage francais d'une penologie traditionnelle enfermee dans sa cloture penitentiaire a une sociologie des penalites a ete marque par des travaux varies s'attachant aux mecanismes de criminalisation primaire ou secondaire. Il s'agit de l'interactionisme en criminologie francaise qui voit le meeanisme de controle sociale comme pouvoir et domination. Cette perspective est opposee a celle structural-fonctionaliste qui voit la deviance comme un dysfonctionnement du controle. Mais, en meme temps elle va a l'encontre de l'acceptation, courante en criminologie japonaise, de l'interactionisme qui s'est concretise dans les recherches sur le fonctionnement selectif de la justice penale et sur la recidive. Alors que les crimilogues japonais sont aujourd'hui en passe d'abandonner l'interactionisme sans avoir prig conscience du changement profond qu'il a entraine en criminologie, l'interactionisme francais aborde les analyses des niveaux intermediaires entre la formation de la societe et les produits des mecanismes penaux, comme celui du debat public, celui du para-oet peripenale ainsi que celui de l'administration de la justice penale. Cette serie de variables intermediaires est susceptible de rendre compte de la forme specifique de la justice penale dans son contexte historique. Or, en France, le debat qui a ete suscite par le projet de loi dit de privatisation des prisons a finalement aboutit au plan de construction et de gestion par l'Etat de nouveaux etablissements penitentiaires. Ceci est un theme adapte au cadre d'analyse qu'amene l'interactionisme francais. On ne peut en ignorer les variables intermediaires que les doctrines traditionnelles de penologie mettent a l'ecart. Ces variables ont toutefois defini la reponse specifique a la crise penitentiaire en France aujourd'hui. Ce sont les deux strategies politiques (gouvernementale et presidentielle) qui apparaissent sous le regime dit de cohabitation. C'est la raison pour laquelle l'auteur a choisi ce theme. D'autre part, il semble necessaire d'analyser les mecanismes intermediares japonais. En effet, par exemple, alors que l'on n'admet, au Japon, aucune crise penitentiaire, on discute le projet de loi qui permet d'utiliser les etablissements policiers a la place des maisons d'arret dont la construction massive est un des objets principaux en France du debat sur la privatisation des prisons. Sans connaitre ces mecanismes intermediaires qui definissent le contexte et la direction du debat penologique, on se content toujours de la securite japonaise qui ne serait plus le sujet du debat criminologique.
- Yoder,Robert S. 1987 Educational Career and Misconduct of Youth in Two Japanese Suburban Communities. No.12 pp.125-140.
- Language
- ENG
- Abstract
本稿は,神奈川県下の対照的な2つの地域に居住している少年たちにイソタビューを行ない,彼らの教育歴を基にして,不良行為のパターンを比較検討したものである.本稿では,この2つの地域を「南」と「北」と呼ぶことにする.例えば,社会経済的に中の下の階層に属する人々が多くを占める地域(南)に居住している少年たちにおいては,中の上の階層の人々の住む地域(北)の少年たちに比べ,不良行為の平均行為回数が非常に多い,ということが公式資料によって明らかとされている.この南と北の少年たちの不良行為経験の差の基部には,環境条件と両親の社会階層的背景が生み出す学歴の質の差が作用していると考えられる.南と北,2つの少年集団が通学しているそれぞれの中学校は,各地域やその周辺地域の社会経済的水準を反映したものとなっている.南の少年たち全員は,いわゆる荒廃した中学校へ通い,これに対し,北の少年たちは平穏な中学校あるいは私立の付属中学校に通っている.南の少年たちは,北の少年たちに比較し,学業成績は低く,多様で多量な学校問題を抱えている.結果として,北の少年では,大学進学率の劣る低ラソクの高校卒業者は15パーセソトでしかないのに対し,南の少年では,これが40パーセソトにも達している.例えば,低ラソクの高校の生徒は,多くの者が不良行為を働き,その回数も多い.これら低ラソクの高校では,高ラソクの学校よりもより生徒を厳しく管理する.そのことがまた,低ラソクの高校の多くの少年たちを反抗させ,不良行為へと走らせる原因ともなっている.学校のランクはまた,少年たちの最終学歴の到達水準に関連する.高ラソクの高校へ通った少年たちの半数が大学に進学したのに対し,低ランクの高校の少年たちでは,わずかしか大学進学者がいなかった.さらにその上,北の少年たちの多くが,大学に進学したのみならず,出身家庭が社会経済的に豊かであることから,非常に授業代の高い職業学校(専門学校)へも同時に通学しているのである.本稿は,以上の様な事実に対し,レベリソグ理論を適用し,結論づける.日本の社会においては,刻印づけによる社会的統制が,低階層の少年たちの通う学校に対し厳しく作用している.こうした問題な社会的統制が,少年の不良行為のみならず,今日の日本社会を覆う陰鬱な学歴問題を生じさせる主要な原因と成っている,と考察される.
- Yokoyama,Minoru 1987 Change of Characters of Juvenile Delinquents : Comparative Study of Japan and South Korea. No.12 pp.141-158.
- Language
- ENG
- Abstract
日本と韓国の非行少年について,比較研究をおこなう手はじめとして,両国の公の統計の分析をおこなった.公の統計を用いる比較研究には,多くの問題点が存在している.しかし,日本と韓国の比較研究は,他国間のそれと比べて,その問題点は,より軽微であると思われる.何故ならば,日本と韓国との間には,統計作成の方法,法律における犯罪の定義等で,類似性がみられるからである.公の統計によると,日本では,1970年代の後半から1980年代前半にかけて,人口あたりの非行少年の比率が増大している.この間,成人や年長少年の犯罪は,かならずしも増加していない.著しく増加したのは,年少少年による軽微な犯罪である.このような犯罪の数は,統制機関の活動如何によって,簡単に増減しうる.戦後最悪といわれた高い非行率は,社会統制機関,特に警察が,補導および検挙の活動を活発化したために,もたらされたのであろう.韓国においても,これと同じ現象が見られるであろうか.韓国では,1970年代に,高度経済成長期を迎えた.この間,成人の犯罪率も,少年のそれも,ともに増加している.少年が犯した犯罪の内訳では,日本に比べて,暴力犯の比率が高い.身分別では,学生の比率が高まりつつあるとはいえ,無職が3分の1強を占めている.経済状態では,下層階級の者が9割近くを占めている.年齢別では,18〜19歳の年長少年が,半数近くとなっている.公の統計から,これらの特徴を読みとる限りでは,韓国の社会統制機関は,成人や年長少年の犯罪の処理に,追われているようである.日本で最近見られているような現象は,韓国において近い将来に生じるとは,いえないようである.
- Nanbu,A. 1987 A Review of Studies on Participation of the Public in the Prevention and Control of Crime(Communications). No.12 pp.159-163.
- Language
- JPN
- Abstract
- Sawanobori,T. 1987 On the 11th International Congress of Social Defence(Communications). No.12 pp.164-169.
- Language
- JPN
- Abstract
- Iwai,H. 1988 Movement of the Field of Sociological Criminology. No.13 pp.4-10.
- Language
- JPN
- Abstract
- Hogetsu,Makoto 1988 Toward a Study of Organizational Deviance (Studies of "Organizational Crime"). No.13 pp.12-18.
- Language
- JPN
- Abstract
- The author thinks the importance of a study of organizational or white-collar deviance willincrease in our society. The main topics of this study are the following : 1. What kind of organizational or white-collar activities are defined as deviance by the meaningful world? 2. Types of regulation and analysis of their effects ; 3. Analysis of the conditions and processes of becoming organizational or white-collar deviants ; 4. How does the organizational or white-collar crime influence our social life in terms of its innovation or stagnation? 5. Social responsibility of an organization and its leaders. In order to study these agenda deeply, it is not enough to rely on the traditional deviance theories. We have to mobilize organization theories or political power models and develop the theoretical perspectives which will be able to realize the basic processes of social life.
- Itakura,Hiroshi 1988 A Review of Studies on Organizational Crime : Subject of "Kigyososhikitai-sekininron (Organization Theory of Corporate Criminal Liability)" (Studies of "Organizational Crime"). No.13 pp.19-41.
- Language
- JPN
- Abstract
- 1. An organizational crime is different from "organized crime." An organized crime is a collective crime of illegal groupe of individuals, while an organizational crime is an illegal activity of an organization. A gang crlme is an example of an organized crime. A corporate crime is an organizational crime. A corporation is an organization. It is a legal entity. It exists independent of any given individual who may occupy a given role or position within a corporate structure. A corporate crime is an organizational crime, but is not an "occupational crime" committed by a white-collar worker-Edwin Sutherland entitled his famous treatise "White Collar Crime" (1949/1961), but in actuality he studied a corporate crime. An occupational crime is an individual crime. The distinction between occupational crime and organizational crime is as follows. An occupational crime is committed by an agent (employee) against the organization (corporation), while an organizational crime (a corporate crime) is committed on behalf of the organization (corporation). Embezzlement committed by a managerial agent is an example of an occupational crime. Examples of organizational crimes are anti-trust violations and environmental pollution. 2. The Kigyososhikitai-sekininron (organization theory of corporate criminal liabilily) is used to regulate an organizational behaviour of a corporation through criminal sanction. The main points of this theory are as follows. First, this theory observes organizational behaviours of corporation as a whole. Second the theory examines the illegality and culpability of individual acts of agents of organization (include a chief executive officer and a president), noticing their roles in illegal (deviant) organizational behaviours of the corporation. An activity of a corporation is an organizational behaviour, so it is irrational to dissolve a corporate activity into individual acts of its agents. Although the costs of corporate (organizational) crimes are staggering, little theoretical or empirical work was done on the topic of a corporate (organizational) crime in Japan. Kigyososhikitai-sekininron has been developed as a new theoretical strategy for corporate crime control. Kigyososhikitai-sekininron matches the characteristics of Japanese corporation (the Kaisha). This theory is beginning to penetrate the judicial practice-some examples are Morinaga Powdered Milk Case and Minamata Disease Case. 3. In Japanese corporation (kaisha), internal self-regulation is not so effective. Enforced Self-regulation (John Braithwaite) does not work. A criminal sanction is indispensable for regulation of an organizational deviant behaviour, but a criminal law system against an organizational crime is not sufficient. So new legislation based on "Kigyososhikitai-sekininron" is required. Organization theory in the field of sociology or sociological criminology is necessitated for reconstruction of a corporate criminal law system.
- Yamanaka,I. 1988 Present Conditions and Problems on Organizational Crimes : Through a View on Crime of Japanese Civil Servants (Studies of "Organizational Crime"). No.13 pp.42-60.
- Language
- JPN
- Abstract
- Hiraoka,Yoshikazu 1988 Task Environment and Regulatory Environment as the Cause of Collusion : Toward an Integrated Analytical Framework of Organizational Crime (Studies of "Organizational Crime"). No.13 pp.61-79.
- Language
- JPN
- Abstract
- This paper attempts to integrate two approaches - one by organization theory and another by control theory - in the study of organizational crime. For this purpose, the author would like to analyse the organizational factors and the regulatory ones in collusion, and to explain the correlations between them. "Cartel mind", the motive of collusion, is the function of two variables : the utility of collusion and its guilty consciousness. The utility of collusion is determined by its benefit and cost. They vary with two factors in the task environment of collusive firms. The first factor is the incentive of collusion that relates with its benefit. The incentive consists partly of the gaps between the goals and achievements of these collusive firms and partly of the uncertainty to achieve their goals. The second factor is the conditions which promote firms to collude ; and these conditions relate with the cost of collusion. They consist of the similarity of products and each share of collusive firms, and of their information cost. The information cost is determined by three elements : (1) The number of collusive firms, (2) their concentration ratio, and (3) the existence of industrial groups. Furthermore, regulatory environment relates to task environment. The industrial policies of the Ministry of International Trade and Industry (MITI) change the state of task environment, and consequently influence the benefit and cost of collusion. The regulation of the Fair Trade Commission (FTC) also affects its cost.Moreover, "cartel mind" varies with the guilty consciousness of collusion. Whether the policies of MITI and FTC are permissive to collusion, is very influential to this guilty consciousness. Past experiences of collusion of the industry are also important to that factor. In this paper, these correlations between organizational and regulatory factors are examined by a case study of collusions in oil industry, 1972-73. As a result, it makes clear that these two factors are indispensable to explain the formation of collusion which is a very important part of organizational crime.
- Inoue,Mariko 1988 Studies of "Organizational Crime" in the U. S. A. (Studies of "Organizational Crime"). No.13 pp.80-100.
- Language
- JPN
- Abstract
- This paper reviews "organizational crime" studies in the U. S. A. The fundamental question in regard to "organizational crime" is whether organizational crime is really crime or not. Even though the violation of criminal law is called as crime conventionally, we may call organizational crime as crime when it fulfils two criteria which were submitted by E. H.Sutherland : Legal description of an act as socially harmful and legal provision of a penalty for the act. Therefore various civil and administrative law violations fall under the category of crime. The studies are divided into two categories : the studies on criminogenic factors in organization and studies on regulation of organizational crime. The studies on criminogenic factors in organization are classified as follows : A. Organizational structure A-1 organizational norms A-2 fragmentalization of information and responsibility in organizational role system A-3 goal rationality of organization B. Adaptation of organization to environments B-1 passive adaptation B-2 active adaptation The main issue of "criminogenic factors in organization" has moved from "organizational structure" to "adaptation of organization to environments". Furthermore, in the particular field of "adaptation of organization to environments", "active adaptation" approach becomes the main trend. In "active adaptation" approach, organization is regarded as an active subject which creates favorable or "adaptable" environments in contrast with "passive adaptation" approach which thinks organizational structure as defined by environments. Generally speaking, study on criminogenic factors in organization becomes combined with study on effectiveness of regulation. That is, intervention in organizational structure turns out to be appropriate for regulation especially against corporate organizations. This paper examines this issue in details making reference to J. Braithwaite's and C. D. Stone's theories.
- Doi,Takayoshi 1988 The Construction of Offender's Motive during Criminal Investigation and Prosecution. No.13 pp.102-121.
- Language
- JPN
- Abstract
- This paper studies the mechanism of the construction of an offender's motive during criminal investigation and prosecution as a statement by which to interpret his acts. Motives are constructed after the fact as interpretations of acts and are attributed to the actor. The criminal investigation and prosecution process adapts concrete offenses to abstract categories of crime. This process is a public ex post facto interpretation of offensive acts. Therefore an offender's motive is constructed during the criminal proceedings and is attributed to him. In other words, an offender's motive is not a psychological fact which existed at the empirical scene of the crime, but a product which is spun out of the communication between a representative of authority and a deviant actor. From this standpoint, the suspect's confession, the report of the criminal investigation and the trial in criminal court are analyzed. As an actor is an interpreter of his own acts, the confession of a motive by a suspect must be viewed not as venting a pre-existing psychological fact but as an attempt to account for his offensive conduct. This work is done under the case-solving-frame furnished by the investigator in the interrogation process, so the statement of motive constructed in this situation is constrained by the view of the authorities. Furthermore, the statement of motive fixed in the report of the investigation cannot be reduced to the suspect's past mental state at the scene of the crime, because the spoken words in the confession are transformed into written words in the report, and the information is limited by this conversion. Therefore the verdict in court is given not to the act itself but to the concept which was granted to it during the investigation. Since the offender's motive does not belong to the past empirical world, this verdict is actually a technical simplification of the multiple reality of the crime. The work of achieving a verdict is also a search for the motive of the suspect according to 'taken-for-granted ideas.' Thus the offender, an object attributed a deviant motive, comes to be categorized as the anonymous person type "criminal."
- Ohba,Eri 1988 Visualization of Deviance : Transformation of a Criminal Case into News. No.13 pp.122-139.
- Language
- JPN
- Abstract
- This paper aims at considering the subjective aspect of news organization as a definer of deviance. This study is based on the research interviews with reporters and editors working in newspaper companies done in 1987. In this paper, news is viewed as a "social reality" constructed by news organization. The main purpose of this paper is to consider the structure and social meaning of the so-called criminal reporting, focusing on the process of news making activities. Firstly, news selection process is examined in view of articulating factors sustaining newsworthiness. Second, news work is analyzed in terms of organizational work and its relationships with the source organization. Finally, function of criminal reporting, that is, visualizing deviance by the media (newspaper) is discussed. Newsworthiness is a measure for selection of news, and the judgement is not only based on the action but also on the attributes and careers of the actor. News story as reality is constructed by news organization based on the definition by the source organization (the Police). In the process of news making, major social norm and value system are used so that the news story makes sense for the readers. Telling the boundary between deviance and control, news on "criminal case" legitimatize the police action and lead the readers to follow the ideology of the order of control.
- Konishi,Yoshihiro 1988 Informal Justice and Its Critics : The State of 'Critical' Criminology. No.13 pp.140-156.
- Language
- JPN
- Abstract
- The emergence or reemergence of informal, decentralized alternatives to American courts for dispute resolution, both civil and criminal, is a highly complex and contradictory phenomenon. This 'informal justice' arose at a time of growing hostility toward professionals and bureaucrats, but it was sponsored or supported by them. Although it is said to be decentralized, its very decentralization is centrally controlled. Although it is said to be informal, it is actually created and constrained by highly formal rules and lines of authority. Informal justice is presented as a community's institution, but the'community' itself exists only in reformer's imagination. Ironically, at a time when actual communities were weakened to lose their traditional informal institutions, state officials, corporate leaders and legal reformers began to quest for a 'community'. As informal justice proliferates, some scholars challenge it. They criticize, among other things, its political character and ask questions about its contradictions, its structural relations to the state, and its meaning in the wider society. They argue that it is unnecessary, it is a failure in its own terms, it is sinister, or it is impossible. These criticisms, however, are true not only for this specific case of informal justice. They could be reproduced almost identically from the late 1970s' evaluations of decarceration, community control and diversion. At the core of their criticisms is the demystification that, on closer examinations, actual processes have turned out to be the opposite of alleged values and even the very key terms. Stranded by such a demystification, some 'critical' criminologists adopted a pessimistic view of any reform programs. At its extreme, misreading Foucault's influential work Discipline and Punish and captured by its images of 'all-surveilling Panopticon' or 'dispersal of discipline', they make up the concept of social control that is nothing more than George Orwell's 1984 or Terry Gilliam's Brazil. Such confusing state is, however, in part a product of the dominant approaches employed in the literature of 'critical' criminology, that is, functionalism, economic reductionism and the so-called 'net-widening' thesis.
- Shima,Kazuhiro 1988 Political Elements in the Process of Deviance Construction. No.13 pp.157-176.
- Language
- JPN
- Abstract
- In this essay the author aimed mainly at exposing some hidden relations between "politics" and a crime. Studies of a crime and deviance, especially of positive criminology, have not concerned with political elements in the process of "making" of a crime and deviance. They have assumed that a crime and deviance are a priori apolitical phenomena. So the studies have been exclusively concerned with technical problems of how to treat dangerous criminals and deviants. But really there is an inevitable connection between a crime and politics. This issue was discussed by labelling theorists, especially by H. S. Becker, for the first time. So the author reviewed their discussions concerning this issue in brief and then tried to evaluate its implications. I think that it is very important and useful to reread labelling theory as a "Political Science". By doing so, we might be able to expand the concept of "politics" beyond a formal one and discover hidden connections between a crime and politics. In the last place, the author proposed to see social control activities not only in the formal reactions to a crime and deviance, but also in the sphere of our everyday life. For it is necessary to see repressive nature of our everyday life world in order to find political aspects of a crime and deviance.
- Tamura,M. 1988 The Drug Problems in the U. S. A.. No.13 pp.177-183.
- Language
- JPN
- Abstract
- Sato,Tsuneko 1989 A Study on the Family Situations of Prisoners(The Criminal and the Family). No.14 pp.4-22.
- Language
- JPN
- Abstract
- Koyanagi,Takeshi 1989 The Family as a Deterrence Factor of Crime(The Criminal and the Family). No.14 pp.23-41.
- Language
- JPN
- Abstract
- Shimada,Yukio 1989 Family Posterior to Delinquency(The Criminal and the Family). No.14 pp.42-56.
- Language
- JPN
- Abstract
- Mochizuki,Takashi 1989 How to Approach the Criminal and the Family(The Criminal and the Family). No.14 pp.57-69.
- Language
- JPN
- Abstract
- Yoshida,Takashi 1989 The Development and Problem of Control Theory of Criminolgy in the U.S.A.. No.14 pp.72-89.
- Language
- JPN
- Abstract
- Kuzuno,Hiroyuki 1989 One Problem of The Guidance for Bad Behaviour Juveniles : Based on Interviews Conducted in Fukui City. No.14 pp.90-108.
- Language
- JPN
- Abstract
- Hayami,Hiroshi 1989 Theory of "Generalization of Delinquency" Reconsidered : Transition from the Theory of Broken Home to the Theory of Mother's Over-attachment to Child and towards Integration of Both Theory. No.14 pp.109-128.
- Language
- JPN
- Abstract
- Sasaki,Mitsuaki 1989 The Juvenile Police the Regulation for Organic Solvent Abuse. No.14 pp.129-141.
- Language
- JPN
- Abstract
- Harada,Y 1989 Recent Developments in Longitudinal Studies of Crime in the United States. No.14 pp.142-151.
- Language
- JPN
- Abstract
- Kikuta,K / Kakusho,T 1989 The Present Condition of Juvenile Delinquency in China. No.14 pp.152-158.
- Language
- JPN
- Abstract
- Oh,Young-Keun 1989 The Renovation of the Community Treatment in Korea. No.14 pp.159-165.
- Language
- JPN
- Abstract
- Tokuoka,Kazuhiko 1990 The Crime and the Safety(Contemporary Perspectives for Understanding Crime and Delinquency). No.15 pp.4-17.
- Language
- JPN
- Abstract
- Ohba,Eri 1990 Social Construction of "Felonious Crime" Image in Mass Media(Contemporary Perspectives for Understanding Crime and Delinquency). No.15 pp.18-33.
- Language
- JPN
- Abstract
- Itoh,Y 1990 (Contemporary Perspectives for Understanding Crime and Delinquency). No.15 pp.34-49.
- Language
- JPN
- Abstract
- Suzuki,Shingo 1990 Characteristics and the Police's Treatment of Intial-type Delinquency(Contemporary Perspectives for Understanding Crime and Delinquency). No.15 pp.50-65.
- Language
- JPN
- Abstract
- Tatsuno,Bunri 1990 A Simulation Analysis of Community-Based Treatment. No.15 pp.68-85.
- Language
- JPN
- Abstract
- Kusumoto,Takashi 1990 Constitution and evolution of the concept "defence of legal order" in criminal code of West Germany. No.15 pp.86-103.
- Language
- JPN
- Abstract
- Terado,Ryoji 1990 Study of Crime History. No.15 pp.104-118.
- Language
- JPN
- Abstract
- Tsukitari,Kazukiyo 1990 Life Insurance Murder in Japan. No.15 pp.119-133.
- Language
- JPN
- Abstract
- Miyazawa,Setsuo 1990 Developments in Quantitative Comparative Criminology and Agenda for Japanese Criminologists. No.15 pp.134-147.
- Language
- JPN
- Abstract
- Tsutomi,Hiroshi 1990 Issues in American Criminology : A Tale from a Seminar in Criminology at the University of Wisconsin Madison. No.15 pp.148-154.
- Language
- JPN
- Abstract
- Sakata,J 1990 Victim of Crime Investigation 1988 : 1, National Swedish Council for Crime Prevention (Brotisoffer, Bra utredning 1998, 1). No.15 pp.155-159.
- Language
- JPN
- Abstract
- Nishimura,Haruo 1991 Criminology for Safety-making and Consumers : An Introduction ("Sefety" of Japan's Society and Criminological Study). No.16 pp.4-16.
- Language
- JPN
- Abstract
- Japan has low crime rate according to crime statistics and a victim survey as well. Japan seems to be a safe country as far as the crime rate is concerned. This does not mean that there is no need of the discussion on safety in criminology. Two reflective questions are raised : (1) Is there any unsafe element in the social structure of Japan's contemporary society? (2) Does the introduction of the concept of safety in criminology make an impact on the nature of criminology? The former question is relevant to the subject of empirical researches. Safety is the world-taken-for-granted for most Japanese people including lawyers and criminologists. Some prudent criminologists hold that this world-taken-for-granted should be changed to the world-inviting-an-exploration. The safety of Japan should be revisited. For an answer of the latter we have to hold a theoretical discussion on the concept of safety and a merit or demerit of the introduction of this concept into criminology. There are slight differences of meaning among prevention of crime, reduction in crime, and safety from crime. The safety is a more value-oriented concept than both the prevention and reduction, though all preventive measures are not accepted in terms of the liberty of the people. The safety from crime is defined as a sum of resources and efforts invested in avoiding personal danger of crime. That danger, however, extends to those occurring in various aspects of our modern life. Note that criminologists who pose political and cultural problems in their discussion should make mention of the danger of economic inequality, oppression, rejection of freedom, and loss of fairness. The use of the safety will stimulate a broad and important discussion on a liberal or conservative way of thinking about social control. The use of the safety concept will also help the criminology shift from "a criminal-centered or the governing-class-centered disciplille" to "the one for support for victims, consumers, and the people." Criminology must be concerned with people's quality of life as well as a breach of criminal laws. The following three articles indicate what three authors presented at a symposium on Safety and Its Price in the 1990 annual meeting of the Japanese Association of Sociological Criminology. In the first paper Mr. Kawabe takes a careful look at the state of the Japanese juvenile delinquency and calls attention to the delinquency problems in the public housing area. The second article by Mr. Kiyonaga deals with foreign laborers and crime in Japan and suggests not to eradicate delinquency and crime but to manage the community to keep the people in safety. Mr. Morita, in the last, evaluates the concept of safety as a promising guideline in criminology and proposes a new model of society based upon people's safety and well-being.
- Kawabe,Yuzuru 1991 Unsafety in Japan Reflected in the Juvenile Delinquency ("Sefety" of Japan's Society and Criminological Study). No.16 pp.17-35.
- Language
- JPN
- Abstract
- The statistics of crimes and the others show that there isn't so large and obvious unsafety in Japan. Therefore, in this report, the author indicated some latent unsafe factors in Japan reflected in the juvenile delinquency and analyzed them. This points are as follows. 1. Juvenile delinquents are composed of two strata. One of them is made of temporary delinquents named "initial type", who raise up the total number of juvenile delinquents. Most of them don't have any actual handicaps in their environments. Their increase caused "generalization of juvenile delinquency." Another stratum is made of "traditional type" producted in the subculture which accepts delinquency. Most of these traditional delinquents have some handicaps in their environments and repeat delinquency without enough resistance. The typical traditional delinquents are found out in groups brought up in housing developments. This phenomenon is considered the reflection of the tightening the boundary between the upper and the under classes in Japan. 2. The increase of juvenile delinquency shows the thinning of the norm conciousness of young generation. It seems related to the fact that the society is becoming narcissisitic. 3. Society of Japan sets a higher value on academic careers. Practically about 95 percent of juveniles go on to high schools. This tendency extends the moratorium for young generation. But the society does not prepare any status for them except for "students." So juveniles who don't go on to high schools cannot find the living space in our society. As a result, delinquent groups give it to them substituting for society. 4. Delinquency by low-teens is increasing. Also pre-delinquent behaviours and neurotic behaviours such as school refusal, violence in family or school, bullying and suicide by them are increasing too. This phenomenon seems to be related to the increase of psychological stress on them, which is caused by "examination race." Consequently, the author considers that the society should recognize that there is a stratum bringing forth many delinquents and give them real conclousness as members of their communities, preparing for them the social status except for "students." The system treating delinquents should coordinate the function of protection of them and the function of confronting them with the law or "social reality."
- Kiyonaga,Kenji 1991 Foreign Labores and a Theory of Security : Proposing a recognition of the focus of theories of crime prevention ("Sefety" of Japan's Society and Criminological Study). No.16 pp.36-55.
- Language
- JPN
- Abstract
- At present, Japan experience a remarkable influx of foreign laborers. They are by now, clearly an essential part of the Japanese economic structure. On the one hand, crimes both in which a foreign laborer is an offender and those in which he or she is a victim are rapidly increasing. In this paper, the estimation of the foreign laborer population in Japan at present and in the future will be made along with the estimation of trends in criminal offenses committed by the laborers. Furthermore, bearing in mind the key concept of "security", ideal methods of the prevention of crime by foreign laborers will be discussed. In 1985, the foreign laborer population in Japan was estimated to be approximately 270,000 persons. Meanwhile, a figure between approximately 500,000 and 1,100,000 was estimated as the number of foregn laborers necessary to support the on-coming aging society of the country in 2005. Within this population framework, an estimate of the crimes committed by foreign laborers is between 8,052 and 17,522 of which 184 to 400 or more would be felonious offenses in 2005. The following summary can be obtained from the discussion: (1) Considering the inevitable arrival of an aging society, the labor of foreigners is necessity. Thus, it is inevitable that we allow this labor to be brought into Japan ; (2) However, due to such a mass influx of foreign laborers, it is predicted that "crime" will emerge as a serious problem both from a quantitative and a qualitative points of view. Given this situation, "security management" as a basic starategy for dealing with the problem of crime, mainly related to foreign laborers, is being stressed. More specifically, the essence of this perspective of security management is to achieve the following four goals: (1) To prevent crimes which must not occur. (2) To prevent crimes from occuring in places where they must not occur. (3) To prevent victimization of persons who should not fall prey to crimes. (4) To establish "measures to insure the relation or recovery from such victimization" in unfortunate cases where the above-mentioned crimes which "must not occur" do occur. Such measures should be systematized and become a part of the conscience of citizens.
- Morita,Yohji 1991 The Sociological Criminology and the Concept of Safety ("Sefety" of Japan's Society and Criminological Study). No.16 pp.56-74.
- Language
- JPN
- Abstract
- This paper intends to clarify the usefulness and the limitation of inducing the concept of safety into the sociological criminology. The conceptual usages of safety can be divided into the two patterns. The first usage is to measure and analyze social conditions concerning crime by means of indices of safety. The sociological criminology has developed the measurement techniques and the theory of safety. The concept of safety has been thought as democratic because the public needs for safety are reflected in the measurement scale, which is developed by Hoshino. In spite of this usefulness of the concept, social situations in which this concept can show the democratic nature are limited to crimes occurred in our daily life : street crimes, consumers problems, the traffic law violations and so on. The second conceptual usage of safety is to indicate the meaning system valued by individuals, groups or organizations, and the state. Although Japanese sociological criminologists make no attempts in this field, this conceptual usage of safety gives us very useful prospects. For example, this usage attracts our attention to the social process through which the concept of safety acquires the justified and institutionalized power, the conflict or competition generated in these process, the process of the forrrlation of public consensus, the selective process of variously valued meanings, and so on. Also, the usage of safety as the meaning system extends our view to taking into consideration of the human rights that are upper and more comprehensive concepts than the concept of safety. The idea of human rights included in the concept of safety gives characteristics of democracy to this concept. Also, this usage of safty related to human rights can show us the specificness of Japanese sociocultural conditions concerning safety and human rights.
- Yun,Wang 1991 On the Mutual Effect of Urban Crime in Urban Systems. No.16 pp.76-94.
- Language
- JPN
- Abstract
- This paper focuses on the theoretical and methodological issues of the MEUC (Mutual Effect of Urban Crime) among cities. It must be emphasized that the crime trend of a city is not only affected by the circumstances of the city but also by the crime trends of other surrounding cities, because of the economic relationship among these cities. In order to analyze the MEUC, FPF (Feature Primary Factors) is constructed. It is defined as, E = (e_1, e_2,・・・・・・, e_n) and e_i = MX_i ・ X_ Where MX_i is a correlation coefficient between the amount of crime and the i-th variable of a city. The i-th variable is a city index relative to the crime trend. X_ is an average of the j years of the i-th city index (j≧5). The correlation coefficient of the FPF between two cities, C is treated as approximation of true C-MEUC (coefficient of MEUC), which can be defined as F_
= M_・C Where M = P^α・S_B^β・J_B^γ・D^δ・V_A^ε is the medium of MEUC between the two cities, and can be calculated based on the result of actual investigations. The C-MEUCs among 49 cities in Tokyo indicate, interesting phenomena that can be called as CUC (Concentration of Urban Crime) and EUC (Extension of Urban Crime). Furthermore, this paper propposes the hypothesis that every city holds the energy of urban crime, UCE (Urban Criminal Energy), is proposed. According to the hypothesis, every ciry radiates the UCE which produces MEUC in urban systems. The UCE can be tried to calculated by the FPF.
- Matsumoto,Yoshio 1991 On The Methodology of "History of Delinquency". No.16 pp.95-107.
- Language
- JPN
- Abstract
- This is a memorandum of consideration on the methodology of "History of Juvenile Delinquency". I presented nineteen points about which we need to discuss before we describe the history of juvenile delinquency. Their main items are as follows ; 1. Meaning of the history of delinquency. 2. Style of the history. Style : "social history" vs history of policy and administration. Context : "youth" problem vs deviation control. 3. Data collection. Statistics, Cases, Policy and Administration, Public Opinions on Delinquency, Trends of Reseach on Delinquency. 4. Theoretical point of view for description and analysis. Paradigm or Theory, Time-span, Period-discrimination. 5. Strategy and organization of the working.
- Tomita,Nobuho 1991 Attitudes toward the Police of senior Highschool Students in Japan. No.16 pp.108-122.
- Language
- JPN
- Abstract
- 1. Introduction This paper examines the attitudes which senior highschool students in Japan have toward the police and the determinants of these attitudes. 2. The Data The data for the present study were gathered from students of two senior highschools located in the medium-sized cities (populations of 240,000 and 110,000 respectively) of the eastern Japan, through the use of anonymous questionnaires. The sample consisted of 1,283 students. 3. The Variables (1) Contacts with the Police Students were asked to answer with "yes" or "no" to a series of questions designed to ascertain what contacts with the police they have experienced. Contacts examined were : (a) law enforcement related contacts, including stop or caution by police officers, (b) social service related contacts, including assistance by police officers and lost and found, (c) contacts with the police as victims, and (d) informal contacts. The students were asked whether any of their parents or relatives were police officers. (2) Victimization Students were asked to answer whether they and/or their households had become victims of crime within recent twelve months. (3) Permissibility to Deviant Behavior Students were asked whether they permitted themselves to commit ten kinds of "deviant behavior," including smoking, drinking, shoplifting, riding motor-bicycle without license, and others. (4) Proper Sanction to Deviant Behavior Students were asked to reply what sanction to the same kinds of "deviant behavior" as mentioned above they think unavoidable, if these were committed by their classmates. (5) Sex (6) Grade (10 th or 11 th) (7) Residence (cities, towns or villages) (8) Attitude toward the Police The attitude which the sample held toward the police, the dependent variable, was measured by means of a 8-item Likert type scale. The scale includes four positive and four negative statements, each requiring the sample to choose one of five response categories from "strongly agree" to "strongly disagree." 4. Findings Correlation coefficients among variables were examined using SAS. Major findings are listed below. (1) Students who had experienced stop or caution by the police have negative ATP. (2) Victimization of the samples and their families is correlated to negative ATP. (3) Students who are permissive to deviant behaviors have negative ATP. (4) Students who consider milder sanctions to deviant behaviors more appropriate have negative ATP. (5) Male students have more negative ATP than female students. (6) No correlation between ATP and grade or residence was found. 5. lmplications The result shows the importance of experiences with the police. Other attitudes owned by the students are also important.
- Yajima,Masami / Tamura,Masayuki / Matsumoto,Tsuneyuki 1991 Social Adjustment and Self-concept of Delinquents. No.16 pp.123-144.
- Language
- JPN
- Abstract
- The purpose of this study is to analyze 1) delinquents' level of school adjustment, family adjustment, neurotic tendency and self-concept as well as 2) difference between delinquents with positive and negative self-concepts in the level of school adjustment, family adjustment and neurotic tendency. A sample of 2,553 boys and girls from 20 junior and senior high schools in ten prefectures were surveyed in October and November, 1990, and were put into three groups (delinquent, average and non-delinquent groups) according to the level of self-reported delinquency, to analyze differences between groups. Findings are as follows. 1 A proposition that "there are more school-maladjusted juveniles in delinquent group than in other groups" is supported by the data. 2 A proposition that "there are more family-maladjusted juveniles in delinquent group than in other groups" is supported. 3 A proposition that "juveniles in delinquent group show stronger neurotic tendency than in other groups" is supported. 4 A proposition that "juveniles in delinquent group have poorer self-concept than in other groups" is not supported. The juveniles in delinquent group were divided into two groups, one is positive self-concept group and another is negative self-concept group. 5 The delinquents in positive self-concept group showed better school-adjustment than the delinquents in negative self-concept group. 6 The delinquents in positive self-concept group showed better family adjustment than the delinquents in negative self-concept group. 7 No difference was shown in the level of neurotic tendency between the groups with positive and negative self-concepts.
- Moriyama,T. 1991 A Brief Examination of the Reasons of Retentionisits and Abolitionists concerned with Capital Punishment in Japan. No.16 pp.145-151.
- Language
- JPN
- Abstract
- Nakagawa,N. 1991 Current Constructionist Studies on Crime, Criminal Justice and Social Problems in the United States. No.16 pp.152-157.
- Language
- JPN
- Abstract
- Maniwa,Mitsuyuki 1992 The Information Society and Youth Crime(
- Language
- JPN
- Abstract
- Yanagihara,Yoshiko 1992 Reflection on a Conception of "The Expansion of Juvenile Delinquency"(
- Language
- JPN
- Abstract
- Nishida,T 1992 (
- Language
- JPN
- Abstract
- Takahashi,Yoshiaki 1992 The Trend Rate of the Minor Delinquency and It's Characteristics(
- Language
- JPN
- Abstract
- Ayukawa,Jun 1992 A Study of a Murder-Burglary Committed by Juveniles : "The Odaka Green Park Murder Case"(
- Language
- JPN
- Abstract
- Someda,Kei 1992 The Protection of the Fundamental Human Rights and Applicable Measures in Probation and Parole. No.17 pp.90-108.
- Language
- JPN
- Abstract
- Maru,Hideyasu 1992 Community Service Order as a Criminal Sanction against Corporate Offenders : Practices and Theories in the United States. No.17 pp.109-125.
- Language
- JPN
- Abstract
- Tamura,Masayuki / Yajima,Masami / Yonezato,Seiji 1992 Peer Relations and Delinquency among Junior High School Students. No.17 pp.126-148.
- Language
- JPN
- Abstract
- Murata,Masayuki 1992 Introduction and Development of the Cognitively-oriented Model for the Study of Deviance. No.17 pp.150-161.
- Language
- JPN
- Abstract
- Oda,K. 1992 Trends of Research Studies on Urban Crime Prevention. No.17 pp.162-166.
- Language
- JPN
- Abstract
- Ayukawa,J 1992 Recent Criminality and Criminology in Sweden. No.17 pp.167-173.
- Language
- JPN
- Abstract
- Sato,Tsuneko 1993 Statistical Review of Aged Criminals in Japan (Simposium Crimie and Criminal Justice in Aging Society). No.18 pp.4-23.
- Language
- JPN
- Abstract
- In recent years Japanese society has rapidly changed to an unusually aging society. Generally it is said that "aged people" mean people of 65 years old and over. But in this paper I define aged people as those of 60 years old and over because of statistical restrictions etc. (1) Penal Code Aged Offenders (excluding traffic professional negligence) Comparing the ratios by the age group between the years of 1966 and 1991, the percentages of 40 years and over the forties increased from 8.0 percent to 10.8 percent, the fifties from 3.8 percent to 6.7 percent of, and the sixties and over from 1.9 percent to 4.3 percent. Among the numbers of offenders of 60 years and over cleared by the police in 1991, the most prevalent offense in this age group is larceny accounting for 70.0 percent, followed by embezzlement accounting for 15.4 percent, fraud accounting for 3.7 percent and bodily injury accounting for 2.6 percent. (2) Elderly People as Victims of Crime Regarding the major Penal Code Offences of which victims are 60 years old and over, larceny shows the largest number, followed by fraud, destruction of things, house-breaking and bodily injury in 1991. Among the people killed in traffic accidents and pedestrians who died since 1973, the ratio of the age group of 60 years and over decreased from 39.5 percent in 1973 to 37.2 percent in 1975, but since then it has been increasing. In 1991, victims of the age group accounted for 51.9 percent.
- Terado,Ryoji 1993 Probation and Parole Supervision for Aged Offenders (Simposium Crimie and Criminal Justice in Aging Society). No.18 pp.24-44.
- Language
- JPN
- Abstract
- As Japanese society is now in the process of aging, problem of aged offenders (including probationers and parolees) becomes serious. Treatment of aged offenders in the community requires special attention for its effectiveness. This article provides description of present probation and parole supervision for the aged offenders, and discusses main characteristics cf aged probationers and parolees. Analysis of 17 paroled homicide cases of 50 years of age or more shows some findings as follows : a) Parolees accepted by their families upon release from the correctional institutions indicate that they made contributions to their families before the imprisonment so as to receive positive evaluation and confidence. b) Parolees refused by their families upon release from correctional institutions indicate that they did not work for a long time without reason and behaved badly to their families so as to receive negative evaluation. Aged probationers and parolees sometimes have physical and/or mental troubles or sickness. The information about parolees' physical and/or mental conditions is available from correctional institutions. However, information about the probationers' conditions is not available for the probation office at the time of admission. Since Japanese legal system does not have presentence investigation system for adult offenders, probation office should start the supervision of the probationers, especially aged probationers, without sufficient information for their needs and physical and/or mental conditions. Therefore, at the beginning of the supervision for aged probationers, detailed investigation of the physical and/or mental conditions as well as other social and economical situations of the probationers is necessary. In addition, treatment of the aged probationers and parolees should fully consider their well-being so that they are able to have positive images for their future social and psychological lives.
- Noda,Yoko 1993 Trends and Problems of the Study on the Aged as Criminal Actor (Simposium Crimie and Criminal Justice in Aging Society). No.18 pp.45-59.
- Language
- JPN
- Abstract
- The rapidly aging of population in Japan has advanced a great number of studies of its influence on various aspects of our life. But on the trend of crime and the criminal justice, the study was hardly set about from this point of view until recently. Especially it is toward and after the end of the 1980's that "the aged as criminals" has come to be studied. Focuses of studies have been, however, centered upon the corrective treatment and the subsequent rehabilitation of "the aged as prisoners", because the recent rise of interest in the aged criminal has been directly based on the increase of the aged prisoner, and there have been few papers yet which deal with the characteristics and the causes of increase of "the aged as criminal actors." In this paper, therefore, I took up research studies which treated crimes by the aged from the viewpoint of characteristics of actors of crime and their climinalizing factors and, through the general survey of them, made clear that studies on "the aged as criminal actors" did not reach the stage to examine the validity of technical methods which developed intensively. First of all, they need to be well set up with frames of methodological reference and analytical perspectives. Then, from this standpoint, I tried to pose problems of the study on "the aged as criminal actors" limiting the points to the following: 1) The typology of the aged criminal actor; 2) the method of international comparative studies, and; 3) a way of comprehending "aging society" as an explanatory variable of crimes by the aged.
- Hayami,Hiroshi 1993 Consideration of Shaming as a Factor of the Control of Delinquency : Does Shaming Deter Crime and Delinquency?. No.18 pp.62-82.
- Language
- JPN
- Abstract
- Braithwaite, Australian criminologist, insists that, by classifying shaming into reintegrative-shaming and stigmatizing-shaming, the former type of shaming is more effective in deterring crime than the other and that reintegrative-shaming is formed in the society which has interdependency and communitarianism. I try to make clear the function of shaming in controlling crime and delinquency in this paper. Considering psychosocial mechanism of the formation of shame by studying the literature of self psychology and self theory, shame is born with the pain and vulnerability in the birth of self-feeling, self-consciousness and self-objectification (division of the self into I and me) by taking the role of the other and it defends against the disclosure of its pain. The defense mechanism against shaming appears with two directions ; one is self-shaming and the other is shamelessness with self-grandiosity. The former advances the self-objectification, self-denial and self-punishment, and it relates to the sense of guilt and shyness. In this case shaming serves to decrease delinquency because of the introversion of the behaviour. But in the latter case as individuals, try to hide the pain by self-grandiosity or self-exhibitionism, shaming serves to increase delinquency. As far as we consider shaming in the view of strain theory, shaming may be the factor of increase in deviant behaviour. The important thing is not shaming delinquents itself but is that the members of the family or the community they belong provide self-objects which share their pain and support them.
- Goto,Hiroko 1993 The Expected Role of a Japanese Family Court and Practicing Lawyers' Thinking. No.18 pp.83-103.
- Language
- JPN
- Abstract
- I would like to conduct this study to make clear practicing lawyers' thinking on the role of a Japanese family court in the juvenile justice system. This study is based on the research which I did on lawyers' thinking of the juvenile justice. In the juvenile justice lawyers as attendants play important roles. It is essential to know how they think on the role of the family court when we rethink the expected role of the family court and the juvenile law. My research objects are lawyers who had experiences as attendants. My research includes questions on the purpose of the juvenile law, the standard of the disposition, the concept of the pre-delinquency, the guarantee of the due process of law, the expected juvenile justice system and so on. Using some questions, I make four categories; 1. pure protection type (the abolition of referral to the public prosecutor leaving only protective measures for juvenile delinquents in family court), 2. pro present system type, 3. emphasis on family court function type (both punishment and protective measures are available in family court) and 4. mixed type. Then I make crosstables between questions and the four types. These crosstables show that lawyers in pure protection type have outstanding characters; many experiences as attendants in five years, emphasis of diversion of pre-delinquents from the family court jurisdiction and so on. Every lawyer is convinced that the family court plays important roles in the juvenile justice system. But lawyers think that the family court should not have welfare functions but stronger judicial functions.
- Yajima,Masami 1993 The Relation between a View of Juvenile Delinquents and Thinking about Juvenile Justice among Practicing Lawyers. No.18 pp.104-120.
- Language
- JPN
- Abstract
- The purpose of this study is to analyze (1) a view of juvenile delinquents among practicing lawyers (2) a relation between the view and thinking about juvenile justice among practicing lawyers (3) a relation between the view and their careers of defense on cases. The subjects of this research were practicing lawyers in Japan who experienced defense on cases of delinquency. We researched practicing lawyers from August to October in 1991 with a questionnaire and mail servey method. And we got samples of 1068 practicing lawyers. Findings are as follows. (1) Practicing lawyers tend to have a view that juvenile delinquents go from bad to worse, if adults do not help them. (2) Practicing lawyers having the view tend to approve thinking that Japanese Nation should take care of juvenile delinquents for any purposes, for example, educational purpose, retributional purpose, even if the purposes contradict each others. (3) There is no relation between to get the view (2) and the lawyers' careers of defence on cases.
- Moriyama,Tadashi 1993 Situational and "Social" Models in the Field of Crime Prevention. No.18 pp.121-137.
- Language
- JPN
- Abstract
- This paper deals with the development of these two models in crime prevention in Europe and the United States. After the rehabilitation model for treatment of offenders declined, criminologists and policymakers had to seek for the alternative to this model because the crime conditions were still worse. Then, 'situational model' was gradually appearing which concentrates on the strategy to prevent crime before it occurs. Especially in Britain, this sort of crime prevention is getting the main stream inside the departments concerned of the central government. However, we have some papers which preferably assess the crime prevention measures based on the 'social mode1,' or on the new model, namely the 'community model.' In many cities in Europe and the US, petty crimes such as car theft, burglary, or vandalism have embarrassed the policymakers in charge of crime prevention. That is the reason why the situational model is so popular among them in these areas. Situational crime prevention which blocks crime by manupulating the physical environment is based on the theory of opportunity reduction or rational choice, but has by nature a fundamental problem of displacement. Besides, some critics argue that this model would not be suitable for preventing all sorts of crimes, in particular violent crime. Therefore we still need the social model based on the socialization of children or the close relationship between family members or neighbours for crime prevention, and the community model which is a mixture of these models. Which model we should choose in our own society depends on its own crime situation. However, the author thinks the situational model would be attached to a dark and negative image because it appears to show indifference to reforming the personality of potential offenders and accordingly to regard them as enemies. So, although its effect are comparatively intangible, we have to promote social crime prevention partly accomanied with the situational model and the community model suitable for some particular fields.
- Hiraoka,Yoshikazu 1993 Guilt Consciousness as a Cause of Economic Crime : An Illustration by "Brokerage Scandal" Case. No.18 pp.138-154.
- Language
- JPN
- Abstract
- This paper insists on the importance of the guilt consciousness as the cause of ecomomic crime. For this purpose, the author considers the reasons of the problem of guarantee for returns in "brokerage scandal" case in Japan, especially focusing on interorganizational relations between the Finance Ministry and the securities industry as a cause of the weakness of the guilt consciousness. The securities department of the Finance Ministry has two purposes to control securities business: maintaining of the fairness of the market trade and supporting of the companies. With the Securities and Exchange Law, the department has authority to control the securities business by "gyosei-shido (administrative guidance)." So, new companies without license from the department can not enter the securities market. Moreover, the fee for trading securities is fixed by the department. As a result, the market is not competitive and the securities companies can gain excess profits. The companies want to maintain trading contracts with big customers, which is the source of excess profits. Then, they illegally guarantee for returns to maintain the contracts. This is the economic reason of the illegal guarantee. But, it is imposible to explain the illegal guarantee without other factors. That is the weakness of guilt consciousness. There are frequent interactions between the department and the companies for gyosei-shido. Combined with other factors, the interactions lead the department to prefer supporting the companies to maintaining the fairness, and to tolerate the deviance from the Law. As a result, companies don't consider the deviance as a crime, and illegally make contracts of trading securities with big customers accompanied by guarantee for returns. The intimate interorganizational relations between the department of the Finance Ministry and the securities industry cause these two reasons of the crime: paralysis of guilt consciousness and increase of economic motivation. Both factors are necessary to explain the economic crime such as brokerage scandal.
- Ito,K. 1993 Community Crime Prevention : Innovations in Anglo-Amerikan Crime Control Policies. No.18 pp.155-160.
- Language
- JPN
- Abstract
- Hata,M. 1993 Some Problems of a School. No.18 pp.161-169.
- Language
- JPN
- Abstract
- Tokoro,Kazuhiko 1994 Social Control, Liberty of Individual and Rule of Law (Simposium Social Control and Individuals). No.19 pp.4-19.
- Language
- JPN
- Abstract
- The author looks at the social control from the side of the individual who is to be controled. First, various types of social controls are evaluated in terms of thier effects on freedom and other interests of the individual. Then the author proceeds to the question of how the individual can control the social control. The author describes three models of society in which the individual differently controls the social control: The individual model where there is no specialized agency of social control, the authoritarian model where a strong social control agency acts as being free from effective control by the controled individual, and the constitutional model where the social control agency is effectively controled by the controled individual. The author admits that the first two models have been popular among Japanese, because they did not like the lack of flexibility of social controls under the constitutional model. He argues, however, that the lack of flexibility is not inherent in the constitutional model of social control. There, flexibility is to be obtained through discourse, to which Japanese have not been much accustomed.
- Tanaka,Shigeaki 1994 Legalization and "Delegalization" of Social Control in Today's Japan (Simposium Social Control and Individuals). No.19 pp.20-39.
- Language
- JPN
- Abstract
- This paper aims at examining how the Japanese system of criminal justice should be organized and operated, with special regard to the recent discussions about "legalization" and "delegalization". An inter-subjective perspective on legal dynamics emphasizes that citizens should respect each other as autonomous legal subjects who are capable of voluntarily utilizing legal standards and procedures to pursue their own conception of the good. An analysis of several intensive controversies that have developed over criminal justice suggests that a legalistic trend which advocates the purification of criminal procedure or imprisonment seems to be most appropriate to promote this perspective. However, two other instrumentalistic and paternalistic trends are also influential. The former emphasizes the importance of such public interests as crime prevention and protection of society, and the latter attaches great importance to the rehabilitation of the criminal or the protection of the delinquent. The relationships between these three trends are rather complicated: Cooperative on some issues, but antagonistic on others. Although the opinion which demands the effective realization of universalistic legalization has been growing in strength, managerial legalization has also been carried forward by the support of both instrumentalistic and paternalistic trends. Moreover, managerial legalization has begun to be carried out in a softer fashion through the informalistic incorporation of communal law. From the legal point of view, the author supports in principle the legalistic strategy to intensify universalistic legalization, and opposes the paternalistic strategy of delegalization, not to mention anti-legalization. However, the author also feels it necessary to reconsider from a detached viewpoint whether the legalistic strategy can adequately care for the criminal and afford them what they really need.
- Hatakeyama,Hirobumi 1994 Domination by the Goodwill (Simposium Social Control and Individuals). No.19 pp.40-57.
- Language
- JPN
- Abstract
- This paper tries to demonstrate the power of the front-line workers in public bureaucracy (or 'street-level bureaucrats'), and to clarify and explain their characteristic behaviors, named as 'domination by the goodwill'. The front-line workers (teachers, welfare office workers, policemen and so on) are 'the rank and files' in each organization. But they have wide discretionary powers in their ordinary decisions and actions over their target groups (citizens as 'clients'). Their relative autonomy comes from the common occupational environment of the street-level bureaucracy, which is called as 'the structure of public encounter'. This structure makes the street-level bureaucrats the power holders against their clients. Many case studies suggest that the power of the street-level bureaucrats is exercised in a particularistic way. This behavioral characteristic is not limited to Japan. It is a common feature of the strret-level bureaucracy in advanced societies. I call that characteristic as the domination by the goodwill. It is so named as the street-level bureaucrats intervene into public encounter with paternalistic benevolence, but their benevolence has in effect to promote their bureaucratic and occupational interests. Their subjective altruism is surely true, but is distorted as their positions as managers of situation prevent its actual realization. This distortion is quite clear especially in Japan because our public bureaucracy assume a special role as modernizer and guardian of the nation. This role has two aspects. The one is social control, which imposes some coercion to people, and the other is protection of the people, in which bureaucracy owes the obligation to improve each citizen's substantial 'welfare'. These two tasks must be contradictory, and Japanese bureaucracy has been inclined to depend on their self-image as protector more and more. Consequently it is now adequate to describe their behaviors in view of 'maternalism', rather than pure paternalism. The main problem in maternalism lies not so much in the conflict of tangible interests, but in the intangible conflicts or the invason of the 'mind'.
- Inoue,Mariko 1994 Social Control as a Dependent Variable upon a Social Structure (Simposium Social Control and Individuals). No.19 pp.58-72.
- Language
- JPN
- Abstract
- In the origins of sociology, the concept of "social control" was a "key that unlocks many doors" (E.A. Ross); that is, it served as a central concept for analyzing total societies. Social control was basically defined as encompassing all those social practices and arrangements that established social order and induced "spontaneous" conformity among members of the society without using any powers or coercion. Social control is, rather, the obverse of coercive control. But the once dominant conception of social control abovementioned has gradually been replaced by the idea that the patterns of social control are contingent on social structures. This paper pays special attention to the social control achieved by informal negotiation which is complementary and simultaneously destructive to the modern legalistic social control.
- Yajima,Masami / Yamamoto,Isao 1994 The Development of the Movement to Regulate "YUUGAI comics". No.19 pp.74-94.
- Language
- JPN
- Abstract
- 1. Aim The purpose of this paper is to study how a kind of comics called "YUUGAI (harmful) comics" became the social problem, and how petitions which ask for the revision of the Tokyo prefectural ordinance were presented to the assemblies. 2. Methods We investigated them by two methods. First, we collected the petitions presented to the Tokyo Metropolitan Assembly or to the 23 ward assemblies. We analized them: by whom, when, how were they presented? A tatol of 156 petitions were collected. The main groups which represented the petitions were CHOUNAIKAI (neighborhood associations), SEISHOUNEN'IINKAI (juvenile committee), women's groups, PTAs, and volunteer probation officers. Second, we interviewed the representatives of the petitioners. A sample of 32 persons were interviewed. We asked them their knowledge and opinons about "YUUGAI comics," and how they presented their petitions. 3. Findings (1) Only three types of compositions were found among these petitions. These were not written independently but copied from one another. And we suppose the original composition was the notification given by the Liberal Democratic Party. (2) The movements were developed not on their own initiatives. They were asked to petition by the other groups concerned. Most of them were police and the organs concerned. So, we conclude that the "YUUGAI comics" problem was developed through the network of police, neighborhood associations, PTAs, and so on. The petitions for the revision of the ordinance were directed by police and the organs concerned.
- Yamaguchi,Naoya 1994 Teen Court. No.19 pp.95-111.
- Language
- JPN
- Abstract
- This note describes the background and concept of the Teen Court which is one of the diversion programs in American Juvenile Justice Systems, analyzes its meanings and functions and clarifies some problems of it. In 1983, the first Teen Court was established in Odessa, Texas, with the proposal of Prof. Rothstein. The aim of it is to turn peer pressure and peer power from something that has always had a very negative influence to something very positive. With the success of declining recidivism rates of juveniles who were referred to Teen Courts, the Courts were appraised by many communities and have widespread all over the U.S.A. This note, however, clarifies some problems of Teen Court. First of all, there is disagreement about the estimation of the decline of recidivism rates. Therefore, we can not conclude that Teen Court program is useful. Secondly, Teen Court does not deal with serious delinquents in a meaningful way. We must treat both felony and misdemeanor juveniles similarly in the Juvenile Justice Systems. Finally, teen juries tend to be tougher on juveniles that formal court judges. Juveniles who are referred to Teen Courts are forced to be exposed to tougher sentences than first-time juveniles and adult offenders dealt with in formal courts. We must overcome this problem of inequality.
- Hagan,John 1994 Crime and Inequality in America. No.19 pp.112-123.
- Language
- JPN
- Abstract
- Ishizuka,S. 1994 Crime and Punishment in Changing Society : From 'Die Deutsche Strafrechtslehretagung' May 21, 1993, Besal to 'the 11th International Congress on Criminology' August 27, 1993, Budapest. No.19 pp.124-130.
- Language
- JPN
- Abstract
- Someda,K. 1994 A Comprehensive Study on the Trend of Researches in Japan Regarding Offences by Foreigners. No.19 pp.131-143.
- Language
- JPN
- Abstract
- Wang,Y. 1994 Criminology in Today's China. No.19 pp.144-149.
- Language
- JPN
- Abstract
- Saito,Toyoji 1995 Invisibility of Bullying and the Limitations of Juvenile Justice (Simposium "IJIME (bullying)" and the Limitations of Juvenile Justice). No.20 pp.4-20.
- Language
- JPN
- Abstract
- According to the statistics of the Ministry of Education, bullying case at school amounted to more than 21 thousands in 1993. In many cases, bullying of a child is known to neither the parents nor the teachers for several reasons until it causes serious results such as committing suicide, and bodily injury, which lead eventual death of the victim. The 1994 White Paper on Police reports that only 234 students for involvement in bullying were guided by the police. The schools often report the case to the Board of Education, but rather rarely to the community as well as the police. The police has been passive about intervention in bullying cases, since they have expected the resolution in school system except in serious cases. However, they seem to be changing the attitudes toward more active response. Only serious cases are referred to the Family Court. In general, severe sanction against the bully may not be efficient, since they do not understand the consequences of their conducts for their infancy. They do not either appreciate the pain of the victims, the responsibility to take for, or the impacts upon their life course. It is essential to take educational approach even when they are referred to the Family Court. In most cases the bullies admit the fact of bullying. However, in a recent case a junior high school student died in a gymnasium storeroom, being rolled in mattress, which was alleged to be caused by bullying by a number of children and unconcern of others. The Family Court found 3 children guilty out of 6. They denied the fact and appealed for "retrial" but failed. It should be noticed the police interrogation of juveniles is much invisible and they do not have enough ability of defense.
- Ando,Hiroshi 1995 The Policies against Bullyings in Schools of Japan Today : A Legal Investigation from the Point of Human Rights of Children (Simposium "IJIME (bullying)" and the Limitations of Juvenile Justice). No.20 pp.21-36.
- Language
- JPN
- Abstract
- This article discusses some legal problems related to the policies against the "bullyings" in schools of Japan today from the point of the human rights of children. Six main points are taken for discussion: 1. What is the relation between the bullyings and the human rights of children? 2. The development of bullyings as social and legal matters seen from the chart. 3. Is suspension of attendance to the class effective as a measure against bullyings? 4. Roles and activities of lawyers who are sensitive to the human rights of children to be expected for the solution of bullyings in schools. 5. Presentation of a system model toward solution of bullyings. 6. Practicing "parental rights" given in the civil law to work against bullyings.
- Noda,Masato 1995 Ijime and Juvenile Law Justice (Simposium "IJIME (bullying)" and the Limitations of Juvenile Justice). No.20 pp.37-50.
- Language
- JPN
- Abstract
- Ijime (bullying) and juvenile delinquency are considered separately. As a result, domestic courts, the institutions which generally deal with juvenile delinquency, rarely examined cases of Ijime in the past. However, with Ijime having come to be treated as a major social problem, the situation is changing. To cope with cases where Ijime has reached proportions serious enough to justify legal procedures, a full understanding of the distincive nature of Ijime is necessary. The use of a defined concept of Ijime has the advantage of helping us to better our understanding of children's behavior and human relationships. However, if we make Ijime simply a judicial matter, there is a danger that legal institutions will become involved and take coercive measures in cases which were originally meant to be treated by educational and welfare institutions. The problem of whether or not juvenile law and jurisdiction is an appropriate way to settle cases of Ijime requires careful consideration. Ijime appears in many types of juvenile law cases in a variety of forms. For example, 1. When the act of Ijime itself is perceived as a crime. 2. While appearing to be unrelated, the case actually involves Ijime or the grave results thereof. 3. When the victim retaliates against the perpetrator of Ijime. One distinctive characteristic of Ijime is that it is swayed to a certain extent by the victim's perception of pain and anguish. For this reason, the viewpoint of protection of the victim is called for to a comparatively greater extent than other types of cases involving juveniles. In juvenile law, judicial procedures take the facts of the juvenile delinquency into consideration against a backdrop of the need for protection of the parties. How should Ijime be placed within this framework? Depending on whether we consider Ijime in terms of the factual aspects of the juvenile delinquency or in terms of the need for protection, there is bound to be a substantial discrepancy in the results. In cases of Ijime, it is necessary to adopt measures which take the growth and development of both the perpetrator and the victim into consideration.
- Wakahoi,Toru 1995 Concerning about the Trial for Boy's Matter : Investigation about the Matter of Meilin Junior High School (Simposium "IJIME (bullying)" and the Limitations of Juvenile Justice). No.20 pp.51-72.
- Language
- JPN
- Abstract
- First year student, Ippei Kojima (false name, thirteen years old at that time) was found as dead body inside the mat in a sporting goods room in the gymnasium at Meilin junior high school, Sinjo-city, Yamagata. He was turned upside down inside the mat which was rolled and set up. This accident is called "Bullying Mat Dead Matter". Police arrested seven senior students who were said to be in the gymnasium at that time for bodily injury and confinement resulting in death, and then anounced this matter as wicked bullying. Yamagata Family Court decided that they were not punished at the first trial. Because judges doubted boy's confession and this matter's background or motive were not clear. However, at the second trial in Sendai High Court, judges continues their confession and refused their statement for the accident death. Supreme Court rejected recomplaint of co unsel. The court has a big problem that is gives too much importance in "confession". And the court is willing to accept one-sided investgation report by police on boy's proceeding as evidence. And this prompts the court to give too much importance to confession and make it difficult to solve the truth of this matter which is undoubtedly innocent in order to reach a fair conclusion, it is necessary to examine confession on boy's matter objectively and analytically.
- Tatsuno,Bunri / Saiba,Masahiro 1995 Treatment Difficulties in Non-institutional Corrections. No.20 pp.74-91.
- Language
- JPN
- Abstract
- This research aims at identifying the treatment difficulties in probationary and parole supervision, the main forms of non-institutional treatment of offenders. The research method is as follows. We collected data from 586 probation officers who answered questions about the degrees of difficulty in treating offenders. There were 72 indexes. Then we analyzed the data using factor analysis. Four factors showing a high degree of difficulty were extracted. They are: Cases in which a probationer has a problem in his or her character or family environment (factor 1), cases in which there is a risk of committing a new crime (factor 2), cases in which professional knowledge and skills of the probation officer are required (factor 3), and cases in which a probationer defies supervision (factor 4). The followings are important relations we discovered between each factor and attributes of probation officers. 1. Comparing the mean of factor 4 scores by sex, the mean of scores for male officers is higher than that for female officers. 2. As for the mean by age group, for both factor 3 and factor 4 the mean of factor scores for those in their thirties is the highest of all age groups. 3. Length of experience as a probation officer does not have any significant relationship with any of the factors. By learning the nature of the difficulties in treatment, probation officers will be able to take measures against the causes of difficulty corresponding to the four factors and will be able to reduce those difficulties. Thus, the results of this research will help to conduct more effective probationary and parole supervision.
- Katoh,Naotaka / Kawai,Mikio / Kubo,Takashi 1995 A Study on the Organizational Wrongdoing and the Attribution of Responsibility : A Cross Cultural Survey in the Washington D.C., Tokyo, and Moscow. No.20 pp.92-114.
- Language
- JPN
- Abstract
- When actors within corporate hierarchies take "actions" on behalf of their organizations, how would the responsibility of the actions be attributed to various elements, such as actors, actors superiors who have the authority of decision making, or organizations? In addition, how would the attribution of responsibility be affected by various circumstantial factors, such as the types of decision making, awareness of possible consequence, and rank within the organizational hierarchy? This study focused on the responsibility of wrongdoing within corporate hierarchies, often described as "corporate crime." Survey of random sample of 600 adults was conducted respectively in Washington, D. C., U. S. A., Tokyo, Japan, and Moscow, Russia. Respondents heard 6 vignettes, 4 basic ones and 2 tentative ones, about wrongdoing in corporate settings. Manipulations include actor's awareness of possible consequence (higt intent vs. low intent), actor's hierarchical position (authority vs. subordinate), and other's influence in the decision making process (independent, collective, ordered by the superior). 4 basic vignettes are automobile safety problem, drug's side effect, news on environmental pollution, and dumping of toxic substance. 2 tentative vignettes are abandoned substance and bribe. Respondents evaluated the responsibility of the actor's, that of actor's, that of actor's superiors who have the authority of decision making, and that of the corporate, as well as the avoidability of possile consequence, seriousness of the consequence, and so forth. Results indicated that the responsibility of the actor for what happened was greatest when the actor was an authority and was acting independently. Hierarchical position and other's influence also interacted in the three cities, such that authorities were excused less for collective decision making or ordered by the superior than were subordinates. Avoidability showed the similar results as that of responsibility, and was larger when the actor was authority than when the actor was subordinate. Responsibility of the organization was high in Japan and the U. S. A. but was low in Russia, while the responsibility of the actor was low in Japan but was high in Russia. Responsibility of the actor's superior and colleagues was higher in the U. S. A. than in Japan. Position of the actor and other's influence also showed the statistical significance in the evaluation of responsibility of superior and colleagues.
- Iwai,Yoshiko 1995 The Interests Protected by the Laws of Sexual Offences. No.20 pp.115-132.
- Language
- JPN
- Abstract
- The sexual offences may be grouped into three types with their protecting interests. Those in the first type consist of rape and sexual assault etc., which protect freedom to consent to sexual intercourse or other indecent acts. Those in the second type consist of the article forbidding obscene acts to juveniles in Ordinance for eliminating harmful circumstances surrounding juveniles, Child Welfare Act and Anti-Prostitution Act etc., which protect the youth who have the immature capacity to concent to sexual activities, from sexual abuse by the adults. Those in the third type consist of the crime of indececent behavior in public, and the crime of distributing the pornographic books etc., which protect social sexual morality or sexual sense. Looking the history of the regulation on the sexual offences, it declares clearly the changes of the women's social and marital status. Those in the first type were considered as the offences which invade sexual morality in the past, but recently, the existance of consent at the sexual intercourse had been regarded as important, so the necessity of the protection from the injury by the sexual assault in the familiar terms were recognized gradually. Those in the second type aim to regulate the activities of sexual abuse to the juveniles whether or not the victim consents. In those field, ambiguity of the word "Inkou" (obscene act) and the rationality of paternalistic intrusion by the penal sanction are called in question. Those in the third type were gradually decriminalized with the progress of the sence of liberation of sex. In this paper, it is aimed to consider what is the better method to protect the interests being invaded by those in the first and the second types of sexual offences.
- Terado,R. 1995 Criminology in France. No.20 pp.133-138.
- Language
- JPN
- Abstract
- Yamaguchi,N. 1995 Family Group Conferences ; The New System of Youth Justice in New Zealand. No.20 pp.139-147.
- Language
- JPN
- Abstract
- Fujimoto,Tetsuya 1996 Present Conditions of School Bullying and Its Countermeasures in Japan (Symposium Prespectives on "bullying"). No.21 pp.4-21.
- Language
- JPN
- Abstract
- Recently bullying at schools has become a significant phenomenon in Japan. Since 1980, bullying the weaker in junior high schools is getting to be an especially serious problem. On Feburuary 1, 1986, Mr. Hirofumi Shikagawa, a Nakano-Fujimi junior high school student, committed suicide because of ill-treatment by a classmate. On November 27, 1994, Mr. Kiyoteru Okochi who is a Tobu junior high school student also killed himself for being bullied by friends. The purpose of this paper is, then, to clarify the reasons why these problems are occuring at schools and to find out how to prevent such problems. First of all, I have analysed my empirical research which was carried out from October 20th to November 5th, 1994, in cooperation with the National Police Agency. Secondly, I have talked about the causes of bullying at schools in terms of: 1) character of school children, 2) family, 3) school, and 4) community environments. Finally, at the end of this paper, I have mentioned the countermeasures toward bullying at schools. Frankly speaking, there are no effective countermeasures to the problems of bullying at schools at this moment because there are many complicated circumstances. However, it is a very important task for us to rescue the bullied children as soon as possible. Then, we have to listen sincerely to what the students are talking about in their school lives. Futhermore, it is also an important task for us to estabiish a good relationship between the teachers and students. I belive that the best remedy for stopping the bullying at schools is to understand the feelings of children in which I have recommended in my empirical research.
- Noda,Yoko 1996 Consideration of "Ijime" from the Point of Pupils' Relationship in School Society "Ijime" as a Action of the Reconstrution of Pupils' Relationship (Symposium Prespectives on "bullying"). No.21 pp.22-38.
- Language
- JPN
- Abstract
- Ijime (bullying) is generally understood as the action in which the superior picks on the inferior. In such caces the standards that are regarded as those by which the relationship of the superior - the inferior is determined are physical ability such as "they are strong fighters", behavioral characteristics such as "they talk briskly", ability of mobilizing resources such as "they have many friends" and so on. But it is necessary to be considered whether those standards determine the relationship of the superior - the inferior as a whole in the school group. In the modern school society in which the principle of achievement is dominant, it is not too much to say that standards except the schoolwork record are no more than those which are uncertain to determine the above relationship as a whole. We, however, need to notice there will be an unsettled difference in power between the bullier and the bullied in the light of each standard even if it is uncertain. The question is where we focus. What we should attach importance to is not that there's difference in power between the both, but that its relationship is unsettled. It is only the limited children that can confirm their own superiority in the light of the standard of schoolwork record, and then many children are forced to cling to whatever they can confirm the meaning of their existence even if it is uncertain. It is the action of "ijime" that has the function of the extremely effective means to wipe out the uneasiness resulting from being forced to cling to what is uncertain and make it absolute. In short, "ijime" is the action for children to create the weaker than or the inferior to them among their fellows by the standard which can make them the stronger or the superior and heighten their status relatively by attacking those weaker or inferior fellows. In other words, "ijime" is the action to reconstruct the relationship of the superior - the inferior in groups. This reconstruction is not intended only between the direct relation of the bullier and the bullied. It is more important to establish the superiority of the former in the whole group where both of them belong together. This paper deals with further, from the point of the reconstruction of the relationship in a group, the features of relations constituting the phenomenon of "ijime."
- Takee,Takashi 1996 A View of "Ijime (bullying)" from the Viewpoint of Clinical Psychologist (Symposium Prespectives on "bullying"). No.21 pp.39-55.
- Language
- JPN
- Abstract
- The juvenile problem after World War II can be said the history of juvenile aggressive behaviors. And now quality of aggressiveness has changed. It goes as far as leading boys and girls to committing suicide by the unique aggressive behavior called ijime or bullying. Once the word ijime was noticed abroad and was recognized by the society, it has produced a great number of ijime cases. In the beginning the ijime was found only at school. But later, such violences as a prowrestling play, kasutera (sponge cake) play came to be considered not as violence or delinquency but as a kind of play. The appearance of culture called culture FF (Focus, Friday of weekly picture magazine) phenomenon and the change in the TV culture brought about a change in children's behavior. Now, we have a report that children who see violence on TV are given impetus to aggressive behaviors. And the change in their life environment has produced children known as "shinjinrui" or new human beings. They are psycologically characterized as being poor in making friends and sympathizing with each other. They ignore traditional ethics, social morals and law. Their behavior looks like that of an infant or of a borderline personality. They lack the law-abiding spirit, patience, independence, and other virtures of children, which invites the popularity of underhand method, brutal act and overdoing of ijime bullying.
- Harada,Yutaka 1996 Addressing the Issue of "Bullying" in an International Perspective (Symposium Prespectives on "bullying"). No.21 pp.56-78.
- Language
- JPN
- Abstract
- This paper illustrates how our understanding of "IJIME (bullying)" in Japan may be enhanced by addressing the issue in an international perspective. Until recently, Japanese researchers tended to believe that "IJIME" in schools was a Japan-specific phenomenon and that it was rooted in cultural and educational peculiarities in today's Japan. A review of literature in European and North American countries, however, revealed that "bullying" in these countries and "IJIME" in Japan may have a number of essential components in common. If so, then an explanation applicable to both Japanese and European/North American bullying may be needed. Thus, we proposed a tentative explanation that hypothesize (1) most people may have some orientation to bullying regardless of time and place, because it is "fun"; (2) bullying may be activated by some kind of imbalance in power among the members of a group; (3) bullying may be aggravated (a) when a member can hardly get out of the group to which he or she currently belong, and (b) when a member does not expect an intervention from outside to be effective enough to keep an informant from retaliation. As to countermeasures to bullying, we pointed out that some of the key features of successful prevention programs in Europe, such as the emphasis on monitoring and intervention through the cooperation of teachers and parents, are also found in the practices of teachers tackling bullying in Japanese schools. However, it appears that the policies of such teachers have not necessarily been supported by a societal consensus, partly because the Ministry of Education of Japan have tended to prefer all-around, idealistic policies, rather than clear-cut, empirically-based, intervention-oriented policies. In view of our hypothesis that the lack of effective control from outside may be a central factor that aggravates the problem of bullying, it seems urgently needed to develop social mechanisms that enable timely and effective intervention by teachers and other adults, while securing channels for dissidence to prevent excessive and unjust intervention.
- Takekawa,Ikuo 1996 On the Perspective of Bullying in Japan (Symposium Prespectives on "bullying"). No.21 pp.79-92.
- Language
- JPN
- Abstract
- The purpose of this paper is to introduce and analyze the discussion of bullying in Japan in recent years. It is classified and mentioned as follows. (1) Analyzing the aggressive factor of bullying. (2) Analyzing the personal relations between bullying and bullied. It is said that he or she does not call for help, when he or she is bullied. This is mainly due to understanding his or her unfitness and self-respect in adolescence. (3) Analyzing the classroom group including bullying. When a boy or girl is continuously bullied, members of the classroom are divided into bullied, bullying, audience, bystanders. Then the collective condition in the classroom becomes self-defensive without justice. (4) Analyzing the background of bullying. a. The classroom is administered too much and locked up by teachers. b. Children's environment is changing for the worse. c. Children in the classroom have an effect of the social stream of privatization and youth-culture. d. Bullying happens not only in Japan but also in other countries, but excluding one from the group ("shikato") may be a Japanese form. (5) Analyzing how bullying is reported by mass media. Here, it is mentioned shortly that report by television and newspaper influences the condition of classroom, therefore new bullying happens.
- Kobayashi,Juichi 1996 The Impact of Police Home Visits on Residents' Attitudes toward Neighborhood Safety : Neighborhood-Level Analysis. No.21 pp.94-117.
- Language
- JPN
- Abstract
- Structural equation modeling was used to test a theoretical model of the impact of several dimensions of police home visits on residents' attitudes toward neighborhood safety. The unit of analysis was a neighborhood rather than an individual. The survey subjects were 1249 adult citizens randomly selected from among 100 neighborhood throughout the country. The responses of the subjects to the questionnaire were aggregated to produce neighborhood-level variables, which were actually analyzed using structural equation modeling. In the structural equation modeling, city size and the interaction terms produced by the multiplication of city size and each dimension of police home visits were added to several dimensions of police home visits as independent variables. As a result, irrespective of city size, the offer of information on recent neighborhood situations or being requested to submit information about their neighborhood were found to be positively related to the residents' willingness to report to the police. Further, the impact of being requested to submit information about their family members or having one's requests and opinions listed to at the time of police home visits was found to be different depending on the city size. Being requested to submit information about their family members is more likely to be positively related to the residents' willingness to report to the police in the neighborhoods of bigger city size. By contrast, having one's requests and opinions listened to is more likely to be positively related to the residents' willingness to report to the police in the areas other than metropolitan areas. To sum up, the results of this study support the importance of police home visits as a way to promote cooperative relationships between the police and neighborhood residents.
- Yonekawa,Shigenobu 1996 The Delinquency among Junior High and Senior High School Students under the Conditions of the Anomie of School Career. No.21 pp.118-144.
- Language
- JPN
- Abstract
- This study attemts to explore the effect of the abandonment of the goal of entering college or university and the negative self conception on the delinquency among junior high and senior high school students under the conditions of the anomie of school career. Data are gathered from the result of questionnaire surveys conducted in 1992. Samples are 569 juvenile delinquents (430 boys and 139 girls) and 996 non juvenile delinquents (398 boys and 598 girls) among junior high and senior high school students. The main findings are as follows. 1. The abandonment of the goal of entering college functions to juvenile delinquency promtingly. Though noticed concerning the delinquent development among juvenile delinquents, too, this is more obvious concerning the delinquency involvement among non juvenile delinquents. 2. The particular factors of the abandonment of the goal of entering college among juvenile delinquents are as follows: recognizing the esteem of self by teachers as not good, negative self-esteem, truant behavior in boys; recognizing impossibility of becoming the person required by society in girls. 3. concerning the negative self conception, the function promting delinquency of negative self-esteem is noticed obviously in both boys and girls especially. 4. As the particular factors of the negative self-esteem in the juvenile delinquents, recognization of the following and truant behavior are identified in boys: impossibility of spending the happy life or making the most of talent or ability, and parent's not expecting their child to enter college. 5. Generally, the abandonment of the goal of entering college and negative self-esteem promt delinquency involvement among non juvenile delinquents and the delinquent development among juvenile delinquents independently but simultaneously. 6. Under the conditions of the anomie of school career, the abandonment of the goal of entering college and negative self-esteem promt the delinquency among students by combining with labeling of "the person who is no good," "dame ningen," which is made from unified estimation of person owing to deviation score.
- Iwai,Yoshiko / Miyazono,Hisae 1996 A Viewpoint to the Problem of Child Abuse : Through the Research for the cases Treated by the Child Guidance Center. No.21 pp.145-168.
- Language
- JPN
- Abstract
- We report the analysis of the research for 419 child abuse cases treated from january 1992 to march 1994, by 27 Child Guidance Centers which approved our request for the research to this subject, and also report the research for 42 cases treated in same time by Tokyo Child Abuse Protect Center as a control group. We analyzed these subjects typing 4 types as follows. (1) sexual abuse 35 cases (2) physical violence 156 cases (3) physical violence + other abuses 121 cases (4) other abuses (neglect, emotional abuse etc.) 107 cases As the results of this analysis, it was revealed that there were multi problems as poverty, low school career, joblessness, divorce, or alcholic intoxication etc. in the background of the families of these child abuse cases. Especially, type (3) cases had more problems than others. These cases are the cases relieved by the help of Child Guidance Center. These family problems can be said the conditions to be relieved by the side of welfare. It is supposed that much dark figure of child abuse problems kept out of sight in Japan. The most important way to relieve children abused in home is thought to find the way revealling these children.
- Hamai,K. 1996 Criminological Research at United Nations Interregional Crime and Justice Research Institute. No.21 pp.169-176.
- Language
- JPN
- Abstract
- Segawa,A. 1997 Contemporary Issures in Justice and Welfare (Symposium Justice and Welfare). No.22 pp.4-5.
- Language
- JPN
- Abstract
- Takemura,Noriyoshi 1997 An Epistemology of Punishment and Welfare (Symposium Justice and Welfare). No.22 pp.6-27.
- Language
- JPN
- Abstract
- The purpose of this study is to develop an epistemology on the relation between punishment and welfare asking for the help of arguments on "Verrechtlichung (=leagalization)" mainly developed in Germany. Looking at a practical situation on the mixture between punitive codes and assist codes and the relationalization between penal and welfare systems, it is negative in the correctional stage and positive in the rehabilitative stage in general. It is extremely difficult to make punitive codes and assist codes coexist and it connect together and it has a possibility to impede functions of both systems. Now "criminal-justice-welfare" or "penal welfare complex" theories and practices are, however, being developed and are going to be developed in the near future. But if different codes, punitive codes and assist codes, are uncritically related and connected, we will be able to find "disciplinary welfare sanctions" which put crimes and criminals under surveillance and punitive control in the main. Then an outbreak of "treatment trilemma" cannnot be avoided. Conquering this trilemmma, we have to be emancipated from the "punitive myth" and "criminal justice myth" which regard the processing of crimes and treatment of criminals through penal sanctions and punitive controls as important and necessary. "Pardons" may be a moment of this emancipation. In order to construct a "symbiotic society" based on pardons, it is indispensable to acknowledge the "diversity and difference" and the "independence and autonomy" both on the social level and on the individual level and hold them in high regard. Sanctions or social controls in post welfare states have to be constructed on the "reflexivity" and "contingency". Reflexive and contingent codes which are generated in arrangement relations of plural social matrixes are needed in the future crime-processing or problem-solving systems. This new "reflexive contingent codes" in post-modern society are de-centralized and autopoietic and think a great deal of ways of problem solving by the participation and learning of the persons concerned in opposition to the precedent penal sanction systems in which states appeal to and intervene into clients in the form of punishment and assistence.
- Shima,Kazuhiro 1997 Control Strategy versus Welfare Strategy : People's cognition of "Nojyuku-Sya" and the way of meeting problem (Symposium Justice and Welfare). No.22 pp.28-50.
- Language
- JPN
- Abstract
- Recently "Nojyuku-sya (homeless people in Japan) problem" has become one of major issues in Japanese metropolitan area. In January, 1996, we made a broad survey of citizen's attitude toward "Nojyuku-sya" in Osaka. According to the data gathered from this survey, most citizens of Osaka obtain any images of "Nojyuku-sya" in their everyday life, and definite opinion about "strategy" to meet this problem. Two "ideal types" of strategy were extracted from these data. One is "Control strategy", and the other is "Welfare Strategy". Control strategy is the way that mobilize police forces to remove "Nojyuku-sya" from neighboring area of citizens. On the contrary, welfare strategy is to support lives of "Nojyuku-sya" by means of various welfare programs. Which strategy do citizens prefer is largely determined by images of "Nojyuku-sya" they have. In this report, for the first, I attempt to estimate volumes of citizens prefer each strategy. Next, I attempt to make clear relationship between citizen's perception of "Nojyuku-sha" and the strategy that citizens choice to "solve" this problem. And, the aim of this report is to identify the marginal position of "Nojyuku-sya" in contemporary urban society and to clarify their difficult situations caused by citizen's prejudice against "Nojyuku-sha".
- Nosaka,Akihiro 1997 The Contact between Justice and Welfare : Material Aids in Probation, Parole and Aftercare (Symposium Justice and Welfare). No.22 pp.51-63.
- Language
- JPN
- Abstract
- This paper discusses the welfare aspect of the judicial system in Japan, especially material aids in probation, parole and aftercare. The aim of material aids in probation and parole is to help the offenders in acute financially difficulty or/and without place to live for the purpose of avoiding committing a crime again. The aim of aftercare is to help the offenders without Probation and Parole in the same situation as mentioned above. But aftercare is provided only for those who apply for it in person at the probation office. Both of them are community-based treatment, in particular, aid of meals, clothes, costs of medical care, travel fares, travel fare discount certificate, and referral to the halfway house, etc.. The author of this paper thinks that the judicial system in Japan has the function of welfare for offenders, and that "Justice = Sanction" is only one facet of the judicial system in Japan.
- Morita,Akira 1997 The Enforcement of Taisho Juvenile Law and the Concept of "Shiho Hogo" : In the Case of Miyagi Chogoro (Symposium Justice and Welfare). No.22 pp.64-86.
- Language
- JPN
- Abstract
- 1) Taisho Juvenile Law was a product of a lengthy debate that extended from 1899 to the Law's final enactment in 1922. This debate was characterized by an intensive cross-cultural dialogue between the thinking underlying American juvenile law and ideas on the treatment of delinquent children that were informed by Japanese cultural history. In contrast to the American notion of the Parens Patriae doctrine, which distinguishes between criminal accountability and rehabilitation of juveniles dichotomously, Taisho Juvenile Law institutionalizes a different concept for dealing juveniles, one which apprehends accountability and rehabilitation not as antagonistic, but rather complementary elements. Taisho Juvenile Law, though-because of strong opposition in the Diet from supporters of the parens patriae philosophy-was only enforced in limited areas, Tokyo and Osaka. From the time of the Law's enacment, Miyagi Chogoro, the head of the Rehabilitation Section at the Ministry of Justice, passionately worked to have it put into practice. 2) My thesis seeks to clarify concretely the above-mentioned non-dichotomous thinking of Japanese Taisho Juvenile Law by exploring the features and structures of Miyagi's thought as expressed in his writings and the official records he drafted. I wish to note that Miyagi, through his philosophical confrontation with parens patriae thinking, created a new and comprehensive legal concept for juvenile law and attendant systems, which he called Shiho Hogo, "judiciary guardianship." My analysis of Miyagi's writings and records describes his brilliant effort to find how best to integrate, within a very Japanese context, his rehabilitative ideals with conflicting notion of criminal accountability.
- Matsubara,Hideyo 1997 Theoretical Analysis of Regulatory Enforcement Strategies for Controlling Corporate Crime. No.22 pp.88-104.
- Language
- JPN
- Abstract
- In today's social environment, there is a movement toward strengthening regulatory enforcement for controlling corporate crime. In achieving that goal, perhaps one expects attention to be given to criminal sanctions. But, are criminal sanctions truly effective? If not, what is the cause? If criminal sanctions do work, what is the reason for their success? Thus, the author of this article has examined regulatory enforcement for controlling corporate crime, and has proposed that at least in general criminal sanctions do not work as an immediate deterrent to corporate crime. Moreover, the author's concern is what are effective methods for controlling corporate crime. Thus, this article examines theoretically regulatory enforcement strategies for controlling corporate crime. The author tries to analyze the shift of regulatory enforcement strategies for controlling corporate crime from "Re-active Regulation" to "Pro-active Regulation", that is, "Direct Government Regulation" to "Enforced Self-Regulation" and "Indirect Regulation".
- Oba,Reiko 1997 Study on Parole and Rehabilitation Process : Through Case Records of Long-Term Prisoners. No.22 pp.106-115.
- Language
- JPN
- Abstract
- This paper attempts to study the factors which prevent offenders from social rehabilitation, specifically focusing on parolees who were sentenced to life imprisonment or more than eight years' imprisonment whose case records can show fairly long process of parole supervision. In this context, the rehabilitation is defined that parolees continue to abide by laws in society. The factors which prevent them from rehabilitation are considered as follows. (1) They have problems in their relationship with family members, relatives and friends. (2) They have few resources, such as money and friends to enjoy spare time with. (3) They have difficulties getting suitable jobs. (4) They have hardships of making compensation for victims. As to get rid of these problems, it is considered Volunteer Probation Officers play an important role for parolees through parole supervision in the performance of family adjustment, giving advice on making good use of spare time, assistance of getting job, and making compensation for victims.
- Komiya,Nobuo 1997 Ethnic Problems in English Prisons. No.22 pp.116-129.
- Language
- JPN
- Abstract
- England experienced mass immigration from Commonwealth countries in the post-Second World War period because of the shortage of labor in England. Although immigration control has become more strict since the Commonwealth Immigrants Act of 1962, the total ethnic minority population of England has been increasing because of natural growth (high fertility rate) and net immigration. At present, the ethnic minority population accounts for about 5.5 percent of England's total population. As far as the prison population is concerned, 17 percent of the male prison population and 24 percent of the female prison population as of June 30, 1995 were from ethnic minority communities. This data indicates that members of ethnic minority groups are over-represented in prisons relative to their proportion in the population as a whole. Under these circumstances, the Prison Service produced the Race Relations Manual in 1991, aimed at clarifying the Service's race relations policies. This provides a means by which establishments can monitor and improve their performance in implementing the race relations policies, explains the responsibilities of Prison Service staff in this respect, and produces the Race Relations Liaison Officer and the Race Relations Management Team. However, prisoners from ethnic minority backgrounds are still disadvantaged on the grounds of race. A study on race relations in prisons found that there were several cases where ethnic minority inmates were transferred between wings or to another prison in order to maintain good order and discipline despite the fact that both staff and inmates acknowledged that white inmates initiated the conflict. It is said that this kind of racial discrimination is mainly due to the fact that the Prison Service's race relations policies emphasizes the professional behavior expected of the staff without attempting to change underlying attitudes and feelings of the staff.
- Kimura,Hiroyuki 1997 Rational Choice Theory in Criminal Justice. No.22 pp.130-142.
- Language
- JPN
- Abstract
- In America, from the middle of 1960's, rational choice theory attract a great deal of attention in criminal justice system. This article describes this theory through "back ground assumptions" which was proposed by Alvin Gouldner. Rational choice theory can go back to Cesare Beccaria and Jeremy Bentham in the late of eighteenth century. Their argument were based on a campaign for enlightenment which belive that criminals are free, rational, and hedonistic. After 100 years, Gary Becker revived the economic approach for criminal behavior. It improved their contributions as resurrection, modernization. And his thought was accepted to criminal justice system in a friendly way. This attention was caused by situation of economics and criminology surrounding criminal policies. Economics was looking for the field to apply to its knowledge. At the same time, after the an utter failure of criminal policy based on "Great Society", criminal justice system was looking for the inexpensive criminal policy. These two factor pushed the Becker's approach from economics and pulled it to criminology. This approach developed decision making process models. This development was reflection of the criminal justice systems in America, which practically did not work because of like "Syndrome" proposed by psychopathologist. Some problems can be pointed out through background assumptions of rational choice theory. There are the consistency and fluctuation of criminal justice system, the tendency to severe heavy punishment, and the relationship to relativity about criminals.
- Ibusuki,M. 1997 Internet for Sociological Criminology. No.22 pp.143-148.
- Language
- JPN
- Abstract
- Kawamoto,T. 1997 The Crime (Sentences) Bill in England and Wales. No.22 pp.149-154.
- Language
- JPN
- Abstract
- Hogetsu,Makoto 1998 A Symbolic Interactionist Perspective of Becoming Deviant. No.23 pp.4-22.
- Language
- JPN
- Abstract
- Symbolic interactionism provides a useful framework for understanding the process by which an individual or group becomes deviant. Such a view includes four assumptions. First, individuals or groups generate a deviant behavior to deal with problematic situations. Second, problematic situations are caused by their life conditions. Third, their choice of deviant behavior depends on how they can control their own action from the standpoint of universal social perspective. Finally, whether they continue the deviant behavior depends on what sort of time-perspectives they have. These assumptions apply to two deviant cases in Japan. One is the AIDS infection hemophiliacs caused by the blood industry. The other is violent action in everyday life committed by the underclass. In the former case, the corporation chooses a short-term deviance for the purpose of keeping their market-share. Not only Corporates, but special hemophilia physicians and Ministry of Health and Welfare officials never take or consider the universal perspective of giving priority to the safety and wellness of patients. The fact that corporation cannot act in a long term perspective under the conditions of significant pressures of getting immediate profits is also related to their deviance. In the latter case, violent behaviors mean the transcendence of deviant's closed future, limited social relationship and depressed everyday life. Unless the problematic situations are changed, deviants seem to continue their violent behaviors to try to recover their identities. These cases suggest that the problematic situations and social-time perspectives held by people will be likely to contribute to the constitution and continuity of deviant behavior.
- Kashimura,Shiro 1998 The Norm's Body : How to Apply Ethonomethodological Ideas to Sociology of Crime and Deviance. No.23 pp.23-34.
- Language
- JPN
- Abstract
- Ethnomethodological study is an empirical investigation of the methodical features of various of ordinary concerted social activities. It studies the methodological features of such an activity to find out its rational and creative characters. The present paper takes up the idea of "methodical character of ordinary activity" in early stages of the ethnomethodological studies to highlight the intellectually unique position of the ethnomethodology as a study of society. The paper proposes that the uniqueness of ethnomethodology as social investigation is that methodological adequacy of the study comes solely from its subject of the study, i.e. people's methodology as parts of social facts under investigation. For it the methodology of people and the methodology of the observer/analyst are the same thing. People treat crimes, deviants, punishments and other normative phenomena as social facts. Therefore for the ethnomethodological study of normative social phenomena including crimes, punishments etc., social norms are seen as parts of noticeable and tangible facts, or the concreteness of the norm, which the paper calls the norm's body. The later part of the paper examines anethnomethodological classic of J.I.Kitsuse's work, "societal reactions to deviant behavior" (1962) as an example of successful realization of ethnomethodological initiative.
- Wada,Yoshitaka 1998 Framework of Interpretive Sociology of Law. No.23 pp.35-48.
- Language
- JPN
- Abstract
- Under the influence of French post-modern thought, Interpretive Sociology of Law took an interpretive turn and severely criticized positivism of empiricism idea in social science. However, it also aims to construct new framework to understand complicated reflective relationship between structure of discursive society and dynamism of behavior, and between domination and resistance, based on such conceptions as Practice, Narrative and Discourse. In this paper I applied this perspective on conflict between discourse of modern law and voices of custom in Okinawa. Legal discourse as reflective of modern knowledge appears to penetrate into our everyday life, thereby deeply affecting our consciousness. Although this constitutive power of law is important, it is also true that people make their own perceptions - their voices" - implicit in legal discorse when they invoke law's language in everyday practice. In this sense, legal discourse is nothing but a site where meanings of everyday life are continuously reformed through struggle and coordination between many voices. When considering the relationship between modern legal systems and local customs, for example, this subtle struggles between voices in the everyday practice of law should be investigted in order to more fully appreciate the subtle power of modern legal discourse. Through an analysis of discourse surrounding the Okinawa campaign against customary rules of succession, this paper will attempt to reveal the complicated relationship between the predomination of modern legal discourse and the resistance of local voices in everyday practice. Through this analysis I would like to show that framework of Interpretive Sociology of Law can be applicable in the area of Sociology of Crime.
- Tsutomi,Hiroshi 1998 A Juvenile Correctional Practitioner Favors Empirical Approaches. No.23 pp.49-65.
- Language
- JPN
- Abstract
- In this paper, the present author argues for the significance of empirical approaches while identifying some defects of interpretive approaches from a standpoint of practitioners working for juvenile corrections. The main claim of the author is that for practitioners empirical approaches to crime and delinquency are more useful than interpretive approaches simply because practitioners' intervention must rely on the knowledge concerning causal relaitonships between independent variables (i.e. intervention) and dependent variables (i.e. crime or delinquency). To show utility of empirical approaches, the author gives two examples. First, he criticizes the contention that psychological understanding of criminals and delinquents is useful to the control of their behavior and then presents replacement discourse which he claims to be based on evidence. The discourse is based on symbolic interactionist theory of delinquency but presented in a framework integrating social control and differential aassociation perspectives. Secondy, the author presents two preliminary anallyses of meaning construction done by practitioners' day-to-day workings. The first analysis examines how a juvenile worker perceives inmates in a juvenile training school, and the second one analyze the variety of stories which classification psychologists construct when making psychological reports of juvenile delinquents. In concluding the paper, the author argues against the present conditions in Japan where empirical evidence has not been utilized in the making of criminal justice policies and calls for more support for empirical approaches.
- Ayukawa,Jun 1998 Social Constructionism in the Study of Social Problems and Sociological Criminology. No.23 pp.66-88.
- Language
- JPN
- Abstract
- Social constructionism, which has become influential in the sociology of social problems, has recently also become popular in criminology in the United States. Social constructionism subscribes to the view of social problems as a claims-making activity with respect to some putative conditions. It doesn't view social problems as being taken for granted but as being constructed through the interactions among society's members. It focuses on the processes in which some phenomena become defined and constructed as a social problem by society's citizens, groups, organizations and institutions. Social constructionism is similar with the labeling perspective, which proposes that what is deviant depends upon the people's definition of a particular activity and the social reaction to it. This paper considers the differences in the development of social constructionism and the labeling perspective in Japan and the United States and points out the commonality between these two ideas especially in Japan. Social constructionism was criticized as gerrymandering" by Woolgar and Pawluch. They pointed out that social constructionist used objective standards to identify social problems in spite of their proposal of the adoption of the people's definition. In responding to this criticism, social constructionism was divided into three streams-strict constructionism, contextual constructionism, and post modernism. In addition, a few revised versions-social problems work, debunking" and so on-were also proposed. Strict constructionism demands that the researcher refrain from gerrymandering, though contextual constructionism says that it is unavoidable. This paper reviews several works and topics of each social constructionist stream and version and shows their relevance on criminology. Social constructionism is able to innovate sociological criminology where a positivistic way of thinking is influential, as there are diversity and fertility among social constructionism.
- Doi,Takayoshi 1998 Juvenile as Offender, Juvenile as Victim : Politics of Description of a Case of Violence to a Teacher in a Junior High School. No.23 pp.90-112.
- Language
- JPN
- Abstract
- This paper studies how a criminal case is constructed in the interaction process prior to criminal investigation and prosecution, taking up a case of violence to a teacher in a junior high school. Spector and Kitsuse define social problems as the activities of individuals or groups making assertions of grievances and claims with respect to some putative conditions." Accoding to this perspective which we call social constructionism, the best approach to reach the reality of social problems is observation of discourses of grievances and claims in detail. We usually locate violence in the opposite side of speech. But the basis of violence is our linguistic activity regarding a situation as violence. Therefore, violence does not exist a priori in our empirical realm. It does exist in our speech about empirical realm. In this sense, violence is a kind of linguistic usage, and is situated in discourses spoken or written in daily life. A case of violence is created during our linguistic interaction process. The reason why a happening is regarded as a case of violence is employment of social categories of violence in discourses refering to a happening. Consequently, an important subject of social construtionism is making it clear how we interpret situation around us and how we use social categories for that purpose. While we interpret a case, what kind of linguistic resources are called out, and how we use them. This paper pays attention to the chain of discourses refering to a concrete criminal case and the interaction process which creates it, according to the frame of Micro-Politics of Trouble" by Emerson and Messinger, who say that a trouble appears through our talking activities about it during interaction process. Hence it follows that we bargain with each other about interpretation of character of a happening, i.e. politics of description" by Gubrium and Holstein develops in the process of definition of a trouble.
- Yonekawa,Shigenobu 1998 The Images of Deviance of Japanese Junior High and Senior High School Students. No.23 pp.113-133.
- Language
- JPN
- Abstract
- This paper attempts to explain images of deviance of Japanese junior high and senior high school students from the three viewpoints : (1) whether they regard various deviant or quasi-deviant behaviors as vicious or not, (2) whether they think that they need some social control for such behaviors or not, (3) how they react such behaviors. This paper also attempts to study these images of deviance in relation to senses of students whether they affirm tendencies of maturing in Japanese society or not. For making the above research, questionnaire surveys were conducted in Tokyo, Sendai and Aomori from December 1996 to March 1997. The samples were 714 junior high school pupils (380 boys and 334 girls) and 884 senior high school students (375 boys and 509 girls). The main findings are as follows. 1. The junior high school pupils tend to regard offending behaviors, misbehaviors, problem behaviors in school and so on as absolutely deviant. As compared with the above, the senior high school students tend to regard these behaviors as relatively deviant or nondeviant absolutely in general. 2. Those senses which affirm some aspects of the tendencies of maturing in Japanese society, for example the view of work emphasizing its substantial contents, pointing to welfare and health, and attaching importance to lifelong learning, tend to combine with absolute regarding as deviant. These senses also tend to combine the nontolerant consciousness and attitude for deviant or quasi-deviant behaviors. 3. While the sense of affirming other aspects of tendencies of maturing, thinking much of individual, tends to combine with absolute regarding as nondeviant. This sense also tends to combine the tolerant consciousness and attitude for deviant or quasi-deviant behaviors.
- Noda,Yoko 1998 Views on Deviance and its Differentiation in the Process of Maturing of Society : Through the Analys of People's Acceptance of Deviating Acts. No.23 pp.134-156.
- Language
- JPN
- Abstract
- This study aims to analyze the differentiation and its mechanism of people's views on deviance with the maturing of society from the angle of people's acceptance of deviating acts. Data are the result of questionnaire surveys conducted in 1996-97 (Samples are 1, 167 general adults, 379 teachers of junior and senior high schools and 308 policemen). In surveys 14 acts were selected as objects of measuring people's acceptance, focusing the marginal acts in the sense there was no agreement socially as to whether they were deviant or not in order to grasp people's views on deviance which changes as society matrues. Half of 14 acts are those which are supposed to decrease (accordingly to become regarded as deviant), and the other half are to increase (according to become regarded as nondeviant), as society is getting matured. In this paper I tried to make clear how people's acceptance of the above-mentioned deviating acts differentiated in relation to their positive or negative consciousness toward the tendency of maturing of society. Then I analyzed the relation between both of them through typological understanding of the view on deviance by use of the quantification method 3.
- Tsushima,Masahiro 1998 Delinquency and Unemployment in Postwar Japan. No.23 pp.157-172.
- Language
- JPN
- Abstract
- As major non-biological causes of crime, economic differences and influences have attracted the constant attention of sociologists and criminologists for centuries. Increasing unemployment particularly has been regarded as one of the causes of crime. However, contrary to this commonsense view of unemployment and crime, the fact that increasing unemployment leads to decreasing juvenile delinquency has been largely ignored. More concretely, the view exists that unemployment, in general, is positively associated with adult crime but negatively with juvenile delinquency. Using annual time-series data for the period of postwar Japan (1955-1995), this study investigates the impact of unemployment rates on larceny arrest rates for both juveniles and adults and identifies similarities and differences between them. The results generally confirm the hypothesized relationships between unemployment rates and larceny arrest rates : There is a significant negative relationship between adult unemployment rates and larceny arrest rates for younger juveniles and a significant positive relationship between adult unemployment rates and larceny arrest rates for adults. However, there is a positive relationship between juvenile unemployment rates and larceny arrest rates for juvenile offenders, though its relationship is not statistically significant, which is contrary to the hypothesis. Although we can not conclude that juveniles whose parents are unemployed are actually less likely to commit larceny or that unemployed adults are actually more likely to commit larceny, adults' employment opportunities appear to be a key determinant of larceny and its impacts on adults and juveniles are different in terms of criminal behaviors. The implications of these findings are discussed in consideration of the role of family and cross-cultural differences.
- Choi,Jong Sik 1998 A Comparative Study on the Protective Measures in Korea and Japan. No.23 pp.174-188.
- Language
- JPN
- Abstract
- The Juvenile justice systems in Korea and Japan that make use of a paternalism have much in common. Although there is a close resemblance between the basic systems of the two juvenile laws, they have features of their own, including the discretionary power of the prosecutor. There are 7 protective measures of the Juvenile Law in Korea. And the Juvenile Law of Japan provides 3 protective measures. The important features of the practical application of protective measures in Korea and Japan can be summarized as follows : Firstly, the distribution ratio of dismissal without hearing and discharge after hearing in Korea is 5% and less every year, but that of Japan is on the whole 75% or more every year. Secondly a protective measure to pre-delinquent juvenile in Korea is few in practice. But the number of juveniles dealt with as pre-delinquents at the Family Court of Japan are on the whole 1, 000 persons or more every year. Thirdly, there is little difference between Korea and Japan in the practical application of probationary supervision. However, the measure of probationary supervision in Korea is, for the most part, the concurrent measure, on the contrary, probationary supervision of Japan is an independent measure. Fourthly, there are 11 child education and training homes in Korea. In Japan, they are as many s 57 facilities. Finally, the two countries commit juvenile delinquents to a Reform and Training School. However, there is not a Medical Reformatory in Korea.
- Moriyama,T. 1998 Researches on the Environmental Criminology in Japan. No.23 pp.189-193.
- Language
- JPN
- Abstract
- Mimizuka,Hiroaki 1999 The New Paradigm of Schooling in Japan and Adolescent Deviant Behaviors : An Introduction (The New Paradigm of Schooling in Japan and Adolescent Deviant Behaviors). No.24 pp.4-25.
- Language
- JPN
- Abstract
- We have experienced drastic change in the paradigm of schooling since "Rinji-Kyouiku-Shingikai" ("Rinkyoshin") which was formed between 1984 and 1987. This change contains a multi-dimensional shift in educational policies, ideas and purposes of education, the structure and function of educational organizations and teaching in schools. We can summarize the new paradigm of schooling after "Rinkyoshin" as individualization and diversification of educational structure, which is based on the New Right's deregulation and marketization policies in education. In an academic symposium held at Kokugakuin University in 1998, we discussed the possible relationship of the emergence of the new paradigm of schooling and adolescent deviant behaviors: Can the new paradigm solve the deviance problems, or can it make new deviance problems, or can the emergence of new deviance problems construct the new paradigm of schooling? This paper outlines and examines the above issues as an introduction to the three articles presented at the symposium. Firstly, after defining the term "new paradigm of schooling", I illustrated some characteristics of educational reform of high school in Japan. Secondly I pointed out two hidden and latent problems which can be caused by the paradigm shift after "Rinkyoshin". One is the possibility of the decline of standard and of the increase of variance of pupils' educational achievement. The other problem, more serious, is declination of socialization function of schools. Japanese schools, according to foreign sociological observers, have had efficient and excellent accomplishment in socializing the adolescent so far: The average conduct of Japanese was highly socialized and under control: The public costs of managing the population and of remedying deviant behavior were low: The social overhead spent on unproductive people was less: The average Japanese exhibited high level of skills and good work habits in the work place. The Paradigm shift to individualization and diversification of educational structure could lead to declination of socialization function of schools, which could make new adolescent deviance problems in our society. This means a crisis of Japanese education, and of our society itself.
- Ito,Shigeki 1999 New paradigm of Schooling : Can It Solve the Deviance Problems? (The New Paradigm of Schooling in Japan and Adolescent Deviant Behaviors). No.24 pp.26-42.
- Language
- JPN
- Abstract
- Since 1980's, the paradigm of schooling has been changing drastically. The change contains pursuit of individuality, introduction of various types of education or school, integration of curriculum, and downsizing and liberalization of schooling. Along with it, discourses about education or schooling have changed. They emphasize conflict between teachers and pupils, and set the goal of schooling very abstractly, as shown in the slogans such as "Power of Living" or "Education of Mind". The New Paradigm of Schooling is advocated referring to the various deviant behaviors of pupils and teachers, which have become social problems for these two decades, for example, school violence, bullying, school refusal, or corporal punishment. In such discourses, "Old Paradigm of Schooling" is regarded as the cause of the various problems, and it is assumed that The New Paradigm surely solves them. But, as seldom referred, those behaviors of pupils and teachers have long been existing even though they were not paid attention to. Also important enough, people's sensitivity and attitude towards schooling have changed. They prefer individuality, privacy, rights, and equality. They no longer trust nor authorize schooling. So it is sure that The Old Paradigm no longer fits into them. Consequently, the change of paradigm being embodied in educational reform is in a sense inevitable. And some of the reform will be able to reduce or normalize the deviant behaviors to some extent. Moreover, school is expected to withdraw from controlling pupils' deviance. But, it is not recognized that some other agents should be responsible for the control of deviance if school is exempted from it. Owing to the downsizing of schooling, more and more teenagers are supposed to enter into various places outside school and some types of deviant behavior are sure to appear. Discourses which expect downsizing of schooling doesn't take it into account.
- Hida,Daijiro 1999 The Changing Features of High School Deviant Control : from Uniformed Behavior Control to Individualized Internal Control (The New Paradigm of Schooling in Japan and Adolescent Deviant Behaviors). No.24 pp.43-59.
- Language
- JPN
- Abstract
- The aim of this paper is to clarify the changing features of high school deviant control and its factors. The author surveyed same high schools which I had surveyed 18 years ago in 1979. At the time, high schools strictly controlled students' behavior both inside and outside school. However now school deviant control is eased, covering only inside school and retreated from behavior control. High schools today focus their effort on student mental care. The author surveyed high school deviant control changes and school system factors and school paradaigm factors which caused deviant control changes. The following are the findings of this paper. First, Parents' and students' expectation on high school education extremely decreased. Mental socialization became more and more important. Teachers cannot make consensus on deviant control guidelines and students became a clients of mental care and healing. Secondly, these changes are facilitated by some paradigm changes. High school set limits of their responsibility and the place responsibility on family and other local agencies. Values concerning student control are becoming controversial and there are no consensus about educational matter. Education which emphasizes KOSEI-NO-JUSI ("respect for individuality") changes student control from uniformed mass control to individual control and guidance from behavior control to mental counseling. The eleven schools the authors surveyed are located in two rural prefectures. Interviews were conducted with the headmasters and directors of academic guidance, career guidance and student activities. Also, questionnaires were distributed to and filled by second grade students and all teachers surveyed.
- Watabe,Makoto 1999 Youth and Children Problems : Their Influence on Educational Policies in Japan (The New Paradigm of Schooling in Japan and Adolescent Deviant Behaviors). No.24 pp.60-93.
- Language
- JPN
- Abstract
- Do youth and children problems, such as juvenile delinquency, significantly influence on educational policies in Japan? I argue that they have had influence in current Japan. A good example of this occurred in 1997 in Kobe, Japan, when a junior high school student murdered and wounded elementary school students. This case (called the Kobe case) had a great influence on the inquiry and the report "About What 'Kokoro-no-kyoiku' (education of mind) From Infancy Should Be" by Central Council for Education (CCE) in 1997 and 1998. This paper discusses the relationship between the case and the report. Protected by public opinion that came to emphasize social norm after the case occurred, and interim report of the council tried to depict that youth deteriorated, and work out what the youth and children should be. The CCE's report played a role of weakening a tendency toward "individualization" and "diversification" in educational realms, which has steadly developed among parents, teachers, the youth, and children. On the other hand, the report promoted and educational policy oriented to "socialization" and "standardization". Features of the report include: "interfering in a family education"; "emphasizing moral education"; "working on the 'harmful environment' problems"; "proposing what youth and children should be"; and "advocating the 'Ikiru-chikara (the youth's and children's ability in living) and the 'Kokoro-nokyouiku' (education of mind). These features indicate that an educational policy proposed by the report is based on a concept that the youth and children are fundamentally deprived in Japan. In conclusion, the CCE's report is strongly influenced by the Kobe case.
- Matsunaga,Hiroaki / Okura,Yuji 1999 Bullying and the Structure of School System. No.24 pp.113-128.
- Language
- JPN
- Abstract
- There are a number of ways used in bullying from mischief to delinquency but what is most inherent in bullying? The study analyzes the behavior and consciousness of Japanese elementary and junior high school students in the widely-disputed social problem-bullying. The analysis is focused on the fourfold structure in school system which encloses a student and at the same time reflects the social relations among students; peer group, class, grade and the whole school. The findings include (1) peer group and class are the main place where bullying is practiced; (2) when bullied, the victim children can hardly mobilize third parties like friends, teachers and parents to moderate the case; (3) in many cases, neither teachers nor parents recognaize bullying incidents. Moreover, classmates as witnesses of the case tries to keep distance from the case. The structure of school system explains the second and the third points. On one hand, students have to maintain social relations with peers. On the other hand, the fixed fourfold structure of school system functions to block the intervention of third parties into bullying incidents. Moreover, bullied students have no way to escape from the state of bullying, since the school system usually do not allow them to be replaced to another class, grade or school. As a consequence, the school system itself allows the maintenance of bullying in peer group and classroom. Consideration of the school system is duly encouraged in the discussion of bullying.
- Matsumoto,Yoshio 1999 The Peculiarity of Crime Situation in Recent Japan : Consideration on the Extraordinary High Percentage of Juvenile Crime. No.24 pp.129-147.
- Language
- JPN
- Abstract
- Recently in Japan, an increase and deterioration of juvenile delinquency is reported by the law enforcement agencies and mass-media. But, I cannot fully agree with these reports. I have, therefore, tried to evaluate the present state of juvenile delinquency as accurately as possible. I adopted these three measures as the criteria of evaluation; (1) rate of delinquency in past 30 years, (2) rate of delinquency of the other countries in the year, (3) rate of adult crime in the year. 1) The rate of juvenile delinquency in 1996 (10.1: per 1000 teenagers) is average compared with the data of past 30 years. 2) This rate is lower than such countries as the United States, Great Britain, Germany and France. 3) But, this rate is extraordinarily high compared with the rate of adult crime in the year. The arrested of teenagers equal 50% of the total, even though they make up 13% of the total population. By the way, these trends began to emerge from around 1980. I regard these trends as "extraordinarily low percentage of adult crime." Why does this peculiar situation arise? I considered this question from the three points of view. 1) Viewpoint of environmental conditions: Environments surrounding crime had differential effects on adults (decriminalization9 and on juvenile (criminalization). 2) Viewpoint of relation between adult and juvenile (on system level and individual level); Systematization of society tends to suppress deviation of adults, while promoting deviation of juvenile. 3) Viewpoint of crime-structure; Crime structure has been changing largely. "Ordinary crime" such as theft and violence became the domain mainly of juvenile, while traffic-crime and business-crime became more serious for adults.
- Inoue,M. 1999 Studies in Family Violence. No.24 pp.148-154.
- Language
- JPN
- Abstract
- Miyazawa,S. 1999 Criminal Justice Studies at University of California at Barkeley. No.24 pp.155-164.
- Language
- JPN
- Abstract
- Ayukawa,J. 2000 The Purport of "The Challenge of Social Constructionism : An International Symposium from Japan and the United States". No.25 pp.4-9.
- Language
- JPN
- Abstract
- Kitsuse,John I. 2000 Introduction to the International Symposium(The Challenge of Social Constructionism: An International Symposium from Japan and the United States). No.25 pp.10-11.
- Language
- ENG
- Abstract
- Best,Joel 2000 Studying the Social Construction of Crime Problems(The Challenge of Social Constructionism: An International Symposium from Japan and the United States). No.25 pp.12-28.
- Language
- ENG
- Abstract
- Social constructionism focuses on how people assign meaning to the world. It views what we know-our categorization of reality-as created or constructed through social interaction(Berger and Luckmann 1967). Constructionist studies of social problems examine how and why particular phenomena become a focus of concern and defined as social problems(Spector and Kitsuse 1977; Loseke 1999). Over the last thirty years, constructionism has become a leading theoretical framework for research on social problems, including studies of the social construction of crime problems. Most criminology treats crime and criminal justice as objective phenomena, as having an independent, observable existence. Traditional criminology seeks to measure rates of crime, imprisonment, and other phenomena presumed to be objectively observable. In constrast, constructionist criminology denies that crime or criminal justice have an independent, objective existence. Constructionism highlights the importance of the subjective, of what people define as constituting a crime, or what they consider the appropriate societal response to criminality. Constructionists argue that crime and criminal justice are shaped in many ways by the definitions of various actors, including reformers, policy makers, the mass media, criminal justice officials, and the general public.
社会構築主義は人々がどのように世界へ意味を付与するのかを調査する.すなわち, 社会構築主義は, 社会学者が客観的世界を直接的に研究できると想定するよりも, むしろすべての社会生活は行為者の主観的定義を反映していると主張する.このことは, 犯罪と刑事司法の研究においては, どのようにまたなぜ犯罪カテゴリーが人々の関心をひくのか, 刑事司法政策が考案され実施される仕方, 多様なカテゴリーに所属する行為者がどのように犯罪や刑事司法を異なって理解するのかについて研究することを意味する.構築主義による犯罪の分析は、逸脱に関するレイブリング理論の上に築かれてはいるが, はるかに広い問題の範囲を対象としている.すなわち, クレイム申し立てを通じての犯罪問題の構築, メディアによる報道を通じてのクレイムの普及, 刑事司法政策の創造と実施や, 犯罪問題に関する人々の定義づけを含んでいる.構築主義パースペクティヴを進展させるための最も有望な方法の一つは, 歴史的な複数の時代にまたがるあるいは複数の社会の比較研究である.
- Holstein,James A. / Gubrium,Jaber F. 2000 An Interpretive Analytics for Social Problems(The Challenge of Social Constructionism: An International Symposium from Japan and the United States). No.25 pp.29-48.
- Language
- ENG
- Abstract
- This symposium on social problems provides a timely opportunity for considering social constructionist themes that are highlighted by cross-cultural and comparative studies. The articles in this volume offer a point of departure for engaging a persistent issue for constructionist studies: how do researchers incorporate elements of context into constructionist analysis without committing epistemological heresy? After briefly discussing two of these articles, we will review the controversy over context that these papers bring to mind. We then propose a constructionist analytics that systematically addresses some of the issues that have inhibited empirical inquiry into the social construction of social problems.
日本人の構築主義者による二つの研究を出発点として, この論文はどのように「コンテクスト」の特徴を社会問題の社会的構築の議論へ取り入れるかという問題を提起する.経験的に実行可能で理論的に一貫性したアプローチを求めて, われわれは, フーコーによるdiscourse-in-practiceの分析とエスノメソドロジーによるdiscursive practiceへの関心から導き出される, 社会問題の解釈的分析学を提起する.この分析学は, 分析的かっこ入れ-解釈実践の「何」と「どのように」の両者をめざす方法論的かつ分析的な手続き-という方法によってこれらの並存するアプローチを往復する手段を提供する.これは, discouse-in-practiceとdiscursive practiceのリフレクシヴな相互作用を強調することによって盲目的な選択的相対主義とコンテクストの物象化を未然に防止する.
- Yamamoto,Isao 2000 Legislation on Sexual Misconduct in Tokyo and the Rhetoric of Victimization(The Challenge of Social Constructionism: An International Symposium from Japan and the United States). No.25 pp.49-66.
- Language
- ENG
- Abstract
この論文では, 「援助交際」と呼ばれる現象の社会問題過程の一端を社会構築主義的に記述する.このカテゴリーにかかわる女子青少年がどのように位置づけられたのかに注目する.中心的にとりあげるのは, 東京都議会における「淫行処罰規定」制定の是非を都青少年問題協議会に諮問するかどうかが論じられた場合である.マスメディアに登場し, 人々の注目を集めたこの現象は, 東京都では青少年条例の改正運動を促し, 「淫行処罰」規定制定に関して賛否両陣営から例を見ない大量の陳情書・請願書が都議会に提出され, 淫行処罰規定を設けないという従来の都の方針の見通しが図られた。淫行処罰で彼女らを被害者とすることで「問題」の解決をはかるクレイムが議会で展開され, 議会の審議の過程では「少女を守るために淫行処罰を」という賛成派と, 「淫行処罰は少女をも傷つける.必要なものは教育である」という反対派の応酬がみられた.いずれにせよ, 少女を「被害者」と位置づけるレトリックであり, ある種の「被害者コンテスト」(Holstein and Miller 1990)が観察された。他方, 大阪府警は「援助交際は売春です」とのキャンペーンをはり, 援助交際の相手方を求めた女子高生を売春防止法違反とし逮捕した.この場合は援助交際にかかわる女子青少年は被害者としてではなく, 公共の秩序に対する「加害者」として位置づけられている.すなわち, ある現象を「逸脱」ないし「社会問題」と位置づけるに際し, それにかかわる者を「被害者」とする問題化と「加害者」とする問題化の双方が同時に観察されたのである.
- Ayukawa,Jun 2000 Constructing Smoking Problem in Japan(The Challenge of Social Constructionism: An International Symposium from Japan and the United States). No.25 pp.67-84.
- Language
- ENG
- Abstract
本稿は, 日本における喫煙問題の社会的構築について, アメリカ合衆国のそれと比較するかたちで考察したものである.アメリカ合衆国では, 1960年代初頭にタバコのテレビコマーシャルが禁止されたのをはじめとして積極的な規制策が講じられ, 喫煙行動の逸脱化が進められたのに対し, わが国ではタバコ製造販売が長年にわたって専売制度のもとで行われ, 民営化後も大蔵省の管轄のもとにあり, 厚生省による積極的な取り組みが躊躇されてきた.アメリカ合衆国の反喫煙団体が財政的に豊かに組織化されてリーガルアクションを主要な戦略とするのに対して, わが国の反喫煙団体はむしろボランティアによって担われており, 経済的に脆弱でクレイム申し立ての機会も限定的である.なお, 統計数値がどのように構築されるのかは非常に興味深いトピックではあるけれども, 社会問題の構築に関する国際比較研究においては, 自然言語を共有しない人々や異なる社会における特定の社会問題に関する知識を持たない人々に対して, 社会問題の状況とコンテクストについて説明する際に, 統計数値へ言及することは有意義な方法の一つであると思われる.(本稿では, ホルスタインとグブリアムによるコメント論文で言及されている, 喫煙, 政府・行政の対応および反喫煙運動に関する検討を中心に記述し, 喫煙に係わるレトリックの分析については別稿に譲ることとした.)
- Matsunaga,Hiroaki 2000 Social Factors of the Abolition of Punishment in Public Space. No.25 pp.86-102.
- Language
- JPN
- Abstract
- This study analyzes the relationship between the abolition of punishment in public space and social changes in Japan. Penal system in Edo period functioned to maintain the status order and then punishing people in public was indispensable to restore broken status order because symbolic event of violence to the offender's body revived social consciousness of the large social distance between offender and victim. Modernization and collapse of status order in Meiji period forced feudal penal system changed. Punishment vanished from public place because of Ritsu-ryou system introduced. The system was soft on criminals but it is not very important. Behavior and consciousness of intellectuals and statesmen who aspire to rationalize penal system represented a more important factor that they reflected changing social order; punishment in public space had been invested with a "punishment" meaning for rigid status order existing and it became a cruel behavior when status order collapsed. As a consequence, the feudal relics had been abolished in twelve years.
- Hirayama,Mari 2000 The Legislative Process and the Problems of "Megan's Law" : A Study for the Theories of Victims Policies. No.25 pp.104-122.
- Language
- JPN
- Abstract
- It is welcomed that victims policy has developed recently in Japan. In this trend, however, there is a danger that "viewpoints of actual victims" are substituted for "viewpoints of potential victims(namely citizens)" in victims policy. Its typical example is Megan's Law in the U.S.A. In this paper, I examine the legislative process and the problems of Megan's Law. My examinations are following. As problems of the political character of the legislative process of Megan's Low: 1.The panic among citizens provoked by the sensational sexual crime helped Megan's Law pass in a rapid speed; 2.The politicians were very active toward Megan's Law's enactment because they wanted to show citizens that they cared for citizens' safety; 3.The Federal Government's role was great too, because they compelled all states to enact Megan's Law in a certain period. Next, as problems of actual functions of Megan's Law: 1.Megan's Law violates offenders' constitutional rights. And many offender have been attacked and ostracized by citizens; 2.The possibility of grasping sexual offenders. Megan's Law targets only a part of dangerous sexual offenders and gives citizens a false sense of security; 3.There may be the problem of "Crime displacement" and also it has not proved yet that Megan's Law prevent offenders from reoffending. From these perspectives, it can be said that Megan's Law makes it easier for law enforcement officers to track sexual offenders even after their release. As information provision systems for victims are developing recently in Japan, I think that examining problems stated above is important to discuss victims policy in Japan. And at last, I stress that the fundamental issue of victims policy is to respect victims' rights and offenders' rights at the same time, so policies which limits offenders rights too much should be criticized.
- Yamaguchi,Takashi 2000 Experience of Problems and Claims-Making about "Ijime"(Bullying). No.25 pp.123-134.
- Language
- JPN
- Abstract
- This paper examines the difficulty of the claims-making of "ijime" by victims. The word "ijime", that is applied to the experience of "victims", is prone to make them ashamed because they feel that the problem lies within themselves. So they are unwilling to make claims. Focusing upon the interrelation between the interaction order and the public discouse, I analyze the difficulty of the claims-making in the micro-politics of the trouble. In the face-to-face interaction, the smooth projection of the definition of the situation is maintained at the cost of covering the stigma that marks inferior traits. In the public discouse, although the idea that victims of "ijime" bear inferior traits is ruled out, it is assumed that the harmonizing the definitions of the situation must come before everything else to benefit victims. Upon that, because of the feature of the `ijime"-relevant category, the effort to dismiss contradictions about the definitions of the situation restores the word "ijime" as the sanction to the weak character of a participant in the micro-politics of the trouble process. Therefore, the claiming of "ijime" becomes difficult. But the dominant educational discourse heavily problematizes "ijime", so adults adopt the remedy that they must discover "the signs" of children being bullied. This remedy in which one implicitly detects the other's state of mind involves an assumption that the taken-for-granted definition of the situation is maintained smoothly by implicit tact, so it eliminates the conflict of the definitions of the situation through conversation. And it reinforces the difficulty of the claims-making about "ijime".
- Harada,Y. 2000 Continuity and Change in the American Society of Criminology. No.25 pp.135-140.
- Language
- JPN
- Abstract
- Kawai,M. 2000 Movement for Victim in Japan : Restoration of Humanity. No.25 pp.141-147.
- Language
- JPN
- Abstract
- Park,W 2001 Macro Socio-economic Changes and Crime in Contemporary Japan. No.26 pp.4-10.
- Language
- JPN
- Abstract
- Roberts,Aki / LaFree,Gary 2001 The Role of Declining Economic Stress in Explaining Japan's Remarkable Postwar Crime Decreases, 1951 to 1997. No.26 pp.11-34.
- Language
- ENG
- Abstract
- Tatsuno,Bunri / Kubo,Takashi 2001 Social Tolerance towards Ex-Offenders : Using Social and Economic Indicators. No.26 pp.35-53.
- Language
- JPN
- Abstract
- Kobayashi,Juichi / Suzuki,Mamoru 2001 The Effects of Residential Mobility on Juvenile Delinquency : A Test of Social Disorganization Theory. No.26 pp.54-70.
- Language
- JPN
- Abstract
- Harada,Yutaka 2001 A Geographic Analysis of Crime in a Large Urban City of Japan. No.26 pp.71-92.
- Language
- JPN
- Abstract
- Otawa,Naoki 2001 Reconsidering of "Relative Deprivation theory" : an attempt of the upper class:student culture/the lower class:youth culture model. No.26 pp.116-140.
- Language
- JPN
- Abstract
- Atarashi,Eri 2001 On legislation of Hate Crime Sentence Enhancement laws in the United States : Social dynamics of ethnic groups susceptible to hate crimes. No.26 pp.141-162.
- Language
- JPN
- Abstract
- Noda,Sumiko 2001 A Study on Discussions for making Law of Juvenile Protection : focusing on the youth independence and upbringing. No.26 pp.163-180.
- Language
- JPN
- Abstract
- DOI,Takayoshi 2001 Psychologicalized Reality and Sociological Criminology. No.26 pp.182-198.
- Language
- JPN
- Abstract
- Goto,Hiroko 2001 Juvenile justice study in Japan : Law Reform and Its Influence. No.26 pp.199-209.
- Language
- JPN
- Abstract
- Komiya,Nobuo 2002 The Concepts, Benefits and Types of Restorative Justice : A Commentary on the Featured Articles(Symposium : Restrative Justice : Philosophy and Contemporary Significance). No.27 pp.4-10.
- Language
- JPN
- Abstract
- I agree with Maeno's argument that victim-offender restitution and direct conversation are key concepts of restorative justice, because it is necessary to build human, "analog" elements here and there in our society to prevent crimes stemming from the dehumanizing digitalization of society. In addition, as Morris and Umbreit et al. point out, it is necessary to include "conflict resolution by the community" in the key concepts of restorative justice. As Maeno argues, restorative justice offers more opportunities for putting an apology into words and forming a feasible compensation plan than conventional criminal justice does. Another advantage is the considerable extent to which victims and offenders can affect decisions regarding the treatment of offenders, as Morris points out. In addition, according to the article by Umbreit et al., restorative justice might be regarded as a method to reduce recidivism. Maeno notes that restorative justice procedures can be initiated either by lawyers or judges. He assumes that there is no element of compulsion involved when lawyers act as instigators. However, contrary to digital-oriented legal judgments, it is suitable for an analog-oriented restorative justice to evaluate the element of compulsion carefully from a socio-psychological perspective according to the degree to which the lawyer affects the process. Diversity is a key concept in the 21st century. Restorative justice enhances diversity by bringing the victim and the community into the offender-centered, traditional criminal justice system. However, a strong victim support network and community empowerment are necessary to achieve restorative justice.
- Maeno,Ikuzo 2002 Restorative Justice : Justice on the Citizen's Initiative (Symposium : Restrative Justice : Philosophy and Contemporary Significance). No.27 pp.11-26.
- Language
- JPN
- Abstract
- There are no criminal or juvenile justice procedures that are based upon citizen initiative in Japan. Although the victim and community suffer most from crime, they have the least influence on criminal or juvenile justice. A sound justice system cannot be established without including a restorative justice component that meets victims' needs. A victim wants to know why and how the crime was committed, to ask for the offender's apology, and to receive adequate compensation from the offender. It is necessary for Japan to have a system to fulfill these demands. It is much better to realize such demands outside the formal criminal and juvenile justice systems rather than inside them. VOM (victim-offender mediation) is the most suitable forum for meeting the needs of victims. VOM is a more dialog-driven than settlement-driven process. Civil and criminal justice have been entirely separated since the beginning of modern times, contrary to the practices of ancient times when the two were united. Restorative justice combines them again. Offenders' taking responsibility for the harm they caused their victims is much more important than their being punished by the state. In Japan we should pursue restorative justice through the auspices of non-governmental or non-profit organizations. It would be best for a district court or a family court to entrust an NGO or an NPO with carrying out restorative justice.
修復的司法は,数年前までは,日本では,ごく少数の人以外にはまったく注目されていなかった.今日では実践例も現れ,修復的司法について論じられることもずいぶん多くなった.それとともに,修復的司法とは何か,についても,見解の相違が目立つようになってきた.本稿では,日本社会で今なぜ修復的司法が求められるのかを論じ,ついで,それに適した修復的司法は,どのような条件を備えた,どのようなタイプのものであるかを論じることにしたい.
- Morris,Allison 2002 Restorative justice in New Zealand(Symposium : Restrative Justice : Philosophy and Contemporary Significance). No.27 pp.27-35.
- Language
- ENG
- Abstract
- Umbreit,Mark S. / Coates,Robert B. / Vos,Betty 2002 Restorative Justice Through Mediation : What We Are Learning From Research(Symposium : Restrative Justice : Philosophy and Contemporary Significance). No.27 pp.36-57.
- Language
- ENG
- Abstract
- Nambu,Saori 2002 Munchausen syndrome by proxy; A form of child abuse in contemporary society. No.27 pp.60-73.
- Language
- JPN
- Keywords
- Munchausen syndrome / Munchausen syndrome by proxy / child abuse
ミュンヒハウゼン症候群 / 代理人によるミュンヒハウゼン症候群 / 児童虐待 - Abstract
- Munchausen syndrome by proxy (MSBP) is a rare form of physical abuse in which perpetrators fabricate or induce illnesses in their chargeable persons. These perpetrators then bask in the attention afforded them by others, such as doctors, medical staffs, or relations. They can play good parent's role throughout the predicament in which they have severely ill child. However, the deceiving of doctors results in the children being subjected to unnecessary and injurious medical tests and/or treatments. An overdose case was reported, in which a child was given several medicines because her mother reported multiple signs and symptoms in each hospital. In fact, not a few children are dead of MSBP failure. The characteristics of MSBP suggest that it is a phenomenon linked to broader social issues such as isolation and "virtual reality", not just an aberration. This paper brings in discussions of lessons to be learned about MSBP crime, according situations, medical institution, investigating authority, and criminal court.
「ミュンヒハウゼン症候群」は,自らが病気であると偽装する(虚偽性障害)人々が,重症にまで至ったとされる程度の行為態様を指す.同症候群として示される人々は,病気という社会的な一大事を演出することで,周囲から注目を集めることを目的として行動する.したがって,そのような歪んだ虚栄心が充足されるのであれば,自らにではなく,自分に近い人物に対して病気をでっち上げるという方法によって,その目的を達成することもある.そしてその場合には,仮病や詐病を強要するなどの婉曲な方法をとらず,実際に特定の他者,特に脆弱な乳幼児を「病気にしてしまう」のである.「代理人によるミュンヒハウゼン症候群 (Munchausen syndrome by proxy=MSBP)」とは,このような方法で行なわれる,虐待の一形態を指す.本稿では,MSBPという特殊な行為が社会的にどのような意味を持つのか,さらには医療機関,捜査機関,裁判所のそれぞれが,MSBPを扱うに際してどのような点に留意すべきか,そしてどのように対処すべきかを明らかにする.MSBPは,児童の生命や身体を脅かす,きわめて危険な虐待行為である.したがって,まずはMSBPという犯罪が社会的に認知される必要があり,さらには冤罪を生み出さないための適正な基準と正確な事実認定が要求される.そのためには,同行為に関する医学的研究から学びつつ,新たにMSBPを社会病理としてとらえなおす必要があると考える.
- Kobayashi,Juichi 2002 The Empowerment of Community Activities for Preventing Delinquency : A Neighborhood-Level Analysis of Process and Effect. No.27 pp.74-86.
- Language
- JPN
- Keywords
- empowerment / community activities / delinquency prevention
活性化 / 地域活動 / 非行防止 - Abstract
- Structural equation modeling was used to empirically examine a theoretical model of the process and effect of empowerment of community activities for preventing juvenile delinquency. A questionnaire survey was administered to 10,110 junior high school students, 9,180 parents and 1,421 volunteer activists selected from 92 public school districts throughout the country. The students were asked about their informal relationships with adult residents in the community and recent experiences of delinquency. The parents were asked to report their participation in community activities to prevent juvenile delinquency. The volunteer activists were asked to report their sense of control over their neighborhoods and evaluation of their activities to prevent juvenile delinquency. Since school districts were the units of analysis, the responses to the questionnaire were aggregated to produce neighborhood-level variables, which were analyzed using structural equation modeling. The main results are as follows : 1) More democratic and efficient management is likely to encourage involvement by volunteer activists mainly through increasing their sense of control over their neighborhoods. 2) High levels of participation by volunteer activists is likely to reduce delinquent activities among junior high school students primarily through the increase of informal social control of youth activities by community residents.
全国の92地域で収集した調査データを地域単位で分析し,地域の非行防止活動を活性化するプロセスと活性化された非行防止活動が少年非行の発生に及ぼす効果について,実証的な検討を行った.構造方程式モデリングの分析結果として,民主的かつ効率的に,非行防止活動が運営されている地域ほど,住民ボランティアの活動水準が高くなるが,この関連は住民ボランティアの地域に対する自己効力感の高さによって媒介されることが明らかとなった.さらに,住民ボランティアの活動水準が高い地域ほど,少年非行の発生水準が低くなるが,この関連は,青少年に対する地域住民全般の働きかけの程度によって媒介されていることが明らかとなった.したがって,地域の非行防止活動が効果を生むためには,民主的かつ効率的な活動運営が極一部の住民ボランティアの活動を活性化するだけでは不十分であり,地域に居住する一般住民の多くを巻き込むように作用することが非常に重要であると考えられる.
- Yoshikawa,Mamiko 2002 Police decisions to arrest for domestic violence : research on arrest decisions in the United States. No.27 pp.88-101.
- Language
- JPN
- Keywords
- domestic violence / gender / leniency thesis
ドメスティック・バイオレンス / ジェンダー / 寛大さの仮説 - Abstract
- Police responses to domestic violence (DV) in the United States drastically changed in the last quarter of the 20th century. Today arrest is the preferred police response to DV articulated in almost every state code. Every state but one authorizes warrantless, probable cause arrest for crimes involving DV. Some states have passed mandatory arrest laws. In spite of the change from "no-intervention" to "pro-arrest" found in both legislations and police department policy, victim advocates and feminist scholars condemn the police for continuing to show leniency toward male suspects in domestic assault cases. Accordingly a number of studies have examined whether police under-enforce laws against DV. This paper suggests two points from the gender perspective of view. First, an officer's genderbias affects his assessment of the intimate relationship between a male suspect and a female victim, which may result in discrimination against female victims. Second, consideration of both gender and due process are required in the police response to DV cases. By reviewing six studies on arrest decisions for DV, this paper seeks to identify the factors that will significantly influence officers' arrest decisions and to delineate situational factors that may protect victims' safety and interests without risking defendants' due process rights.
米国におけるドメスティック・バイオレンス(以下DV)への警察の対応は,過去四半世紀で不介入原則から加害者の積極的逮捕へと大きく変化した.今日では殆どの州が「相当の理由」に基づく令状なしの逮捕を警察官に許可している.しかし,警察官は加害者の逮捕に消極的であるという批判はなくならず,いわゆる「寛大さの仮説」を検証する調査研究が行われてきた.加害者と被害者の間の「親密な関係」を特徴とするDV事件では,警察官のジェンダー・バイアスによって,犯罪である暴力が見逃されたり,女性被害者が差別的に扱われたりすることもある.また,DV犯罪への対応では,従来の被疑者に対するデュー・プロセスの保障と,新しいジェンダー問題としての被害者保護という二つの目的を実現しなければならない.本稿では,逮捕の決定に大きく影響するのは,加害者と被害者の「親密な関係」,状況的要素や法的要素であることが判明した.「親密な関係」のイデオロギー性を指摘するとともに,状況的要素や法的要素が被害者保護の要請や手続法上の要件といかに関連しているかを考える.
- OKAMOTO,Hideo 2002 Identification of risk factors for adult criminal behaviour among juvenile delinquents.. No.27 pp.102-112.
- Language
- JPN
- Keywords
- recidivism risk factors / juvenile delinquents / adult offenders
再犯のリスク要因 / 非行少年 / 成人犯罪者 - Abstract
- Only a minority of juvenile delinquents commits crimes after reaching adulthood. The purpose of this study is to identify the risk factors of adult criminal conduct. I monitored the progress of 137 boys, who had been inmates in a juvenile detention and classification home, until they had reached at least age 26. The dependent variable was whether or not the subjects were imprisoned as adults. The independent variables were based on information recorded at the time the subjects were first committed as juveniles. Logistic regression analysis reveals four risk factors : (1) living apart from one's mother, (2) being unemployed, (3) being young at time of first commitment to juvenile detention, and (4) having been committed to a training school or other institution.
非行少年の大部分は少年のうちに犯罪から遠ざかるが,一部の者は成人後も犯罪を続ける.しかも,予後が悪くなるという兆候は少年時のうちにすでに見られるようである.しかし,どのような要因から成人後も犯罪を続けるのかということについての実証的研究は少ない.そこで,本研究では,少年鑑別所に入所した少年のデータを用いて成人後の再犯リスク要因を検討するひとつの試みを行う.被験者137人(男子)について,従属変数として受刑の有無,独立変数として初回少年鑑別所入所時のデータを用い,ロジスティック回帰分析を行った.結果として,母親と同居していないこと,無職であること,少年鑑別所入所年齢が低いこと,そして少年院送致もしくは教護院送致の処分を受けたことが,リスク要因として見出せた.結論としては,早期における犯罪への強い傾向や社会的きずなの弱さが将来受刑するかどうかに大きく影響することが分かった.
- Tsutomi,H. / Farrington,David / Petrosino,Anthony 2002 The Campbell Crime and Justice Group in Progress. No.27 pp.113-118.
- Language
- JPN
- Keywords
- Abstract
キャンベル共同計画 (Campbell Collaboration : C2) は,医学において1993年から実施されているコクラン共同計画 (Cochrane Collaboration : CC) の成功に刺激され,社会政策全般に関する評価研究の系統的レビューを行い,そこから生み出されるエビデンスを電子媒体を通じて,政策担当者,実務家,研究者,メディアそして一般市民に提供しようという目的で2000年に発足した国際的ネットワークである.キャンベルは,「実験する社会 (experimenting society)」を唱えた心理学者であり評価研究者の祖の一人である,故Donald T. Campbellの名からとられている.コクラン共同計画同様,キャンベル共同計画は,研究者の自発的協力によって展開されている.キャンベル共同計画刑事司法部会 (C2 Crime and Justice Group) は,・どのようにしたら犯罪を減らすことができるのか・犯罪者の再犯を防ぐにはどのように処遇したらよいのか・もっとも費用対効果のよい犯罪防止対策は何か といった問いについて,方法論の進歩を反映させた,最良の系統的レビューを産出し,そこから得られるエビデンスを,情報の消費者にできる限り利用しやすい形で提供することを目的としている.
- Hirayama,M. 2002 The Recent Tendency of Researches on Restorative Justice. No.27 pp.119-124.
- Language
- JPN
- Keywords
- Abstract
- Kobayashi,Juichi 2003 New Directions in Community-Based Crime Control(Symposium: New Directions in Community-Based Crime Control). No.28 pp.4-6.
- Language
- JPN
- Keywords
- Abstract
- Welsh,Brandon C. 2003 Community-Based Approaches to Preventing Delinquency and Crime : Promising Results and Future Directions(Symposium: New Directions in Community-Based Crime Control). No.28 pp.7-25.
- Language
- ENG
- Keywords
- community / delinquency and crime prevention / effectiveness
地域社会 / 犯罪と非行の予防 / 有効性 - Abstract
- This paper reviews the existing scientific evidence on the effectiveness of community-based programs to prevent delinquency and crime. Programs were included if they met the following criteria: the community was the focus of the intervention; there was an outcome measure of delinquency or crime; and the evaluation design was of high quality methodologically, with the minimum design involving measures of crime before and after the program in experimental and comparable control conditions. Twenty-two programs were reviewed from three different community-based approaches: gang member intervention, community-based mentoring, and after-school recreation. Each of the three approaches were found to be promising enough to merit further replication and evaluation. Policy implications of the findings are explored and priorities for future research are identified.
この論文は,非行や犯罪を防止するプログラムの有効性に関する,既存の科学的な証拠について,検討するものである.防止プログラムについては,以下の基準を満たす場合に検討の対象とした.すなわち,地域社会が対応の焦点であること,プログラム実施の結果として非行や犯罪に関わるものが測定されていること,と評価研究のデザインが,少なくともプログラムの実施前後でプログラム実施地域と比較地域の両方で犯罪の発生が測定されているように,方法論的に質の高いことである.少年ギャングの構成員に対する対応,地域を基盤とするメンターリング,放課後のレクリエーションの3つのアプローチから,22のプログラムが検討の対象となった.この3つのアプローチはいずれも有望で,今後,さらに評価研究を続けるのに値することが明らかとなった.検討から得られた知見の政策的な含意を検討し,将来の研究における優先課題を特定した.
- Harachi,Tracy W. / Hawkins,J. David / Catalano,Richard F. / Lafazia,Andrea M. / Smith,Brian H. / Arthur,Michael W. 2003 Evidence-Based Community Decision Making for Prevention : Two Case Studies of Communities That Care(Symposium: New Directions in Community-Based Crime Control). No.28 pp.26-38.
- Language
- ENG
- Keywords
- Prevention / Community Decision Making / Evidence-based Programs
予防 / 地域社会の意思決定 / 証拠に基づくプログラム - Abstract
- There is increased recognition that in order to effectively address problems such as delinquency, drug use, and violence, communities need to collaborate across sectors and funding streams. Communities That Care (CTC) is an 'operating system' which empowers communities to use data on community levels of risk and protection as diagnostic information to guide the selection of preventive interventions that address each community's profile. Training and technical assistance in CTC provides communities with the knowledge and tools to develop empirically-driven plans to prevent adolescent problems and promote healthy development. This article provides two case studies highlighting distinctly different communities, a small metropolitan town and a middle school which have utilized CTC.
非行,薬物乱用や暴力といった問題を効果的に解決するために,機関間の連携による地域社会の取り組みが必要であるとの認識が高まっている.「働きかけるコミュニティ(Communities That Care: CTC)」は,各地域社会が,各々の問題を解決する予防的介入の選択を導く診断的情報として,地域レベルのリスクや保護の因子に関するデータを用いるように活性化するオペレーティング・システムである.CTCにおけるトレーニングと技術援助は,各地域社会に,青少年の諸問題を予防し,健全な発達を促進するための経験に裏打ちされたプランを立案する知識とツールを提供するものである.本論文は,CTCを活用する,都市部の小さな町と中学校といった,大きく異なるコミュニティに関する2つの事例研究を扱った.
- Kobayashi,Juichi 2003 Community-Based Control of Juvenile Delinquency in Contemporary Japan(Symposium: New Directions in Community-Based Crime Control). No.28 pp.39-54.
- Language
- JPN
- Keywords
- community / delinquency prevention / multilevel analysis
地域社会 / 非行防止 / 多重レベル分析 - Abstract
- A series of empirical analyses were conducted to examine current situations of community-based control of juvenile delinquency in Japan. Survey data used in the analyses were collected in 92 public school districts throughout the country. A questionnaire survey was administered to 10,110 junior high school students and 9,180 parents. The junior high school students were asked to answer questions regarding their relationships with parents, degree of school achievements, participation in community activities, and informal relationships with adult residents in the community, and recent experiences of delinquency. As for the parents, they were asked to report their involvements in community activities to prevent juvenile delinquency. In the first analysis, multilevel Poisson regression analysis was used to examine neighborhood effects on delinquency among junior high school students. The major result of the first analysis is that students are less likely to engage in delinquency in the neighborhood where residents provide more informal social support for adolescents. Among male students, this tendency is more conspicuous among those who receive less parental control or have better scholastic achievements. In the second analysis, neighborhood-level correlation coefficients were calculated between level of delinquency and students' participation rate in different kinds of community activities. The major result of the second analysis is that higher rate of participation in cleanup activities is most conspicuously correlated with lower rate of delinquency. Furthermore, another important correlate of lower rate of delinquency is found to be higher rate of students who experienced cooperative pursuits of tasks in community activities. Implications of findings for practice and research were discussed.
全国の92地域で収集した調査データを分析し,分析結果に依拠して,我が国の地域社会における非行統制機能の現状を検討した.多重レベル分析の結果として,男女とも,中学生の年齢,家庭環境や学業成績といった個人状況を統制した上で,青少年に対する住民の働きかけが多い地域では,中学生の非行が実質的に少ないことが明らかとなった.さらに,交互作用の結果から,男子中学生では,親子関係や学業適応の状況によって,地域住民の働きかけが非行化に及ぼす影響が大きく異なることが示唆された.一方,非行防止活動の態様別に活動水準と非行発生との関連を検討した結果として,各種社会参加活動の中で,環境美化活動の活動水準が最も明示的に非行発生水準と負の関連をもつことが明らかとなった.さらに,社会参加活動において,他人と協力して物事を達成する経験をもつことが中学生の非行化を防止する上で重要であることが示唆された.非行防止活動の効果的な態様をより詳細に検討することが今後の課題である.
- Tatsuno,Bunri 2003 The Participation of Volunteers for Victim Support Activities in residential areas(Symposium: New Directions in Community-Based Crime Control). No.28 pp.55-65.
- Language
- JPN
- Keywords
- victim support / citizen participation / community-based organization
被害者支援 / 住民参加 / 地域社会に基盤をおく組織 - Abstract
- This paper is intended as an investigation of what the difficulties are in getting the cooperation of local residents for victim support activities and how to get many volunteers from the local area for victim support centers. While many people are interested in victim support activities, few residents participate in them. The reason for this is that there are few organizations to participate in, there is little information about victim services, and people are anxious due to a lack of skills for victim support. To prompt residents to participate in victim support activities in local areas, (1) the role of the volunteer should be limited, (2) the opportunities for training should be increased and (3) many victim support centers should be organized into small local groups. In addition to these, effective PR should be continued to increase interest and to promote understanding and the cooperation of local residents for victim support.
被害者支援に対する住民の意識や関与の程度などを調査結果から明らかにした上で,地域において被害者支援を行っていく際の課題や,今後の参加や協力を促すための方策について検討を行った.被害者支援に対する一般住民の関心は高いものの,実際に参加する人数は少ない.その理由として,参加する場所や機会の少なさ,そうした情報に接する機会の不足,専門的知識の不足に対する不安などがある.住民の参加を促すためには,その果たす役割を限定的なものにしたり,受講しやすいトレーニングの機会を増やしたり,小範囲の支援組織を作ったりすることなどが必要である.また,住民の関心を高めたり理解を深めたりするために効果的な広報活動を続けていく必要もある.
- Onuki,Takamichi / Matsuki,Hiroto 2003 Social Construction of Motive and Membership Categorization : On Psychiatric Assessment in the "Ashikaga Case". No.28 pp.68-81.
- Language
- JPN
- Keywords
- motive / membership category / psychiatric assessment
動機 / 成員カテゴリー / 精神鑑定 - Abstract
- The purpose of this paper is to explicate the logic through which intelligibility of a murder case is achieved in the trial of the so-called "Ashikaga Case" from the perspective of ethnomethodologically informed constructionism. In May 1990, a four year old girl went missing and was found murdered. Mr. S was arrested as a suspect in the case and then prosecuted. In the first instance, he admitted his guilt and there was no apparent disagreement as to whether he had killed the girl. He was categorized as a "pedophile" in psychiatric assessment, which made it accountable that he had the motive for the crime. But, after having received a verdict of guilty, he appealed to a higher court and affirmed that he was innocent. Although, during the appeal hearing, there is explicit disagreement as to whether he had committed the crime, motive attribution and membership categorization having done in the first instance still made it accountable that he was the murderer. Building bridges between C. W. Mills' ideas about vocabularies of motive and ethnomethodological membership categorization analysis originated from H. Sacks, our focus is on the reflexive constitutive relation between membership category and motive as its predicate. And also, we try to empirically point out the problems with the usage of psychiatric assessment in court and its consequence.
本稿の目的は,いわゆる「足利事件」の法廷において,事件の理解可能性がいかなる実践を通じて成立しているのかを明らかにすることにある.1990年5月,栃木県足利市で4歳の女の子が行方不明となり,扼殺死体となって発見される.この事件で逮捕・起訴されたSさんは,一審の途中までは,犯行を認めていたが,控訴審以降は,無罪を主張するようになった.だが,一審でなされた精神鑑定によって,Sさんは「代償性小児性愛者」と診断され,これが事件の動機と認定されていた.そして,そのような成員カテゴリー化実践が,控訴審以後においても,かれを犯人として事件を理解することを可能にしている.つまり,Sさんの犯行を前提に,それに適合的なものとして構成された動機が,かれが否認した後も,その属性として脱文脈化され,かれは<動機を有する真犯人>と理解されたのである.本稿では,動機の語彙論(C.W.ミルズ)と成員カテゴリー化分析(H.サックス)を架橋することによって,犯行動機の構成と行為者への成員カテゴリー化が相互反映的な関係にあることを論じるとともに,法廷場面における精神鑑定の用法が含んでいる問題とその帰結を経験的に指摘する.
- Sato,Akihiko 2003 On the Accounts and Descriptions in the Qualitative Researches of Drug Use : Scientific/rational methods in Symbolic Interactionism and the Analysis of Discourse. No.28 pp.82-95.
- Language
- JPN
- Keywords
- drug use / Symbolic Interactionism / Discourse Analysis
薬物使用 / シンボリック相互作用論 / ディスコース分析 - Abstract
- This paper examines the methods of qualitative research of drug use in terms of its rationality, especially with two research in the School of Symbolic Interactionism. One is research on opiate addiction done by Alfred R. Lindesmith (1938, 1947, 1968), and another is on the world of drug users done by Herbert Blumer and his assistants (1967). Lindesmith's work used his own observations, interviews with addicts, and many documents which describe addiction in order to analyze the process whereby people become addicted. He adopted the analytic induction to formulate the theory of addiction. This procedure is approved as scientific and rational, because the analytic induction is not a genuine induction but a hypothetico-deductive method, the standard method of the positive science. Blumer's work also used interviews with drug users to analyze several careers of drug users, but the accounts in his work are revealed as non-rational as a result of the re-analysis of the data which he shows in his work. Finally this paper suggests that we can adopt the methods of Discourse Analysis to guarantee the rationality of the analysis of the drug users, especially with interview data.
本稿は犯罪の質的研究において科学性・合理性を保証する説明方法に関して論じたものである.ここではとくに,シンボリック相互作用論にもとづく薬物使用の質的研究における代表的二研究を取り上げ,そこで採用されたデータ収集と説明の方法が,どのような形で科学性・合理性を保証し得たのか,あるいはし得なかったのかを論じている.そして最後に,科学性・合理性を保証し得なかった方法における問題点を克服するための新たな方法を提案している・具体的にはまず,リンドスミスによる分析的帰納にもとづいた阿片依存の研究を取り上げ,この研究が,調査対象者との会話やインタビュー,医学文献にもとづいた質的な研究であるとはいえ,仮説演繹法を用いたものであることが明らかにされる.そのことにより,科学的な質的研究の方向の一つが示される.次に,ブルーマーらによる記述的な薬物使用者研究を取り上げ,この研究が,同じく調査対象者へのインタビューや彼らとの討論にもとづいたものではあるものの,調査対象者の世界を合理的には説明できていないことが明らかにされる.そして,その問題を乗り越えるために,ディスコース分析の手法を導入することが提案される.
- SATO,Kei 2003 Helping Crime Victims to Recover : A Case Study of a Family in Victimization Process Following a Family Member's Death in a Criminal Traffic Accident. No.28 pp.96-109.
- Language
- JPN
- Keywords
- crime victims / victimization process / interaction
犯罪被害者 / 被害者化過程 / 相互行為 - Abstract
- This paper considers the problem of identity management by crime victims from the point of view of interactionism. This paper is an attempt to examine self-interaction of victims in the victimization process as a basic study of helping crime victims to recover. In order to investigate this theme thoroughly, I will make a case study of a family in the victimization process following a family member's death in a criminal traffic accident and of a self-help group organized by this family. Interviews have been carried out by the author. Crime victims regard their damage as loss experience. Victims lose the meaning of realities owing to their loss experience, and they degrade their self-worth. Victims cannot tell of their loss experience and are voided their experience. Victims degrade their self-worth further and put the responsibility on themselves. It is hard for victims to identify themselves as victims. Crime victims have these sorts of difficulties and need support such as providing information, mental care and self-help groups.
本稿は,犯罪被害者(被害者家族も含める)のアイデンティティの問題に相互行為論的に接近し,被害者の「回復」とその支援に関する基礎考察として,被害者化過程の対自的側面について検討する.こうしたテーマを追究するために,ある交通犯罪被害者遺族の経験と,この遺族の主宰するセルフ・ヘルプ・グループの活動に関して,ヒアリング調査に基づき事例研究を試みる.被害者にとって,被害とは喪失体験として把握されうるが,被害者化過程の初期段階ではしばしば,喪失体験を自己の経験のうちに秩序立てて組織化することが妨げられる.このような,喪失体験によるリアリティの意味喪失によって,被害者にはアイデンティティの価値の自己貶降が現象しうる.被害者は喪失体験を,対象化・過去化の困難によってそれとして語りえず,また,周囲の他者との間でのリアリティ分離のために,被害者の語りの封殺,経験の無効化が生じる.それが被害者の再度のアイデンティティ自己貶降や自己帰責をもたらし,被害者は被害者としての自己同定の困難を抱える.そうした困難からの「回復」へ向けたニーズに対応する支援として,情報提供,精神的ケア,セルフ・ヘルプ・グループが挙げられる.
- Chujo,Shinichiro 2003 Analysis of Crimes by Foreigners before World War II in Japan. No.28 pp.110-129.
- Language
- JPN
- Keywords
- crimes by foreigners / foreign worker / immigration policy
外国人犯罪 / 外国人労働者 / 出入国管理政策 - Abstract
- The purpose of my article is to explore the situation of crimes by foreigners in Japan from an historical perspective. I use the data during the period from 1878 to 1943 compiled by the courts for analysis. I interpret some tendencies of crimes by foreigners in the consideration of the cultural and social background, and I conclude that: 1. Crimes by foreigners in that period were almost by Chinese, 2. The major kinds of crimes by foreigners in that period were not serious ones, for example, the theft or the gambling. After the Japan-China War (1894-95) and the Japan-Russia War (1904-1905), Japanese industries, especially heavy industries were growing, and many Chinese workers came to Japan. Japanese authorities enforced policies and controls on Chinese immigration and migration strictly, and consequently, many Chinese living in Japan lived in poverty and with contempt from Japanese as minorities.
本稿は,明治期より太平洋戦争終結までの日本の外国人犯罪を分析するものである.戦前の外国人犯罪に関する公式統計は,『検察統計年報』の前身である『刑事統計年報』にのみ現存するため,このデータを分析に用いた.しかしこのデータは,外国人に係る刑事裁判の受理件数,及び人員数を集計したものであったため,警察統計や検察統計に比べ,当時の外国人犯罪の実体に迫るには限界が生じることとなった.そのような条件の下で,全ての第一審終局処理人員における罪種の傾向と,外国人の第一審終局処理人員における罪種の傾向とを比較して,外国人犯罪の特徴を探った.加えて,当時の犯罪傾向や外国人労働者問題等に関する先行研究を参考として,データを分析し,解釈を試みた.その結果,「外国人被告」における主要罪種は,時代によって変遷していることが分かった.また,戦前を通した外国人犯罪の特徴としては,(1)中国人による犯罪が中心であったこと,(2)窃盗や賭博など,比較的軽微な犯罪が中心であったことなどが示された.なお,戦前の日本には,朝鮮半島出身者も多数在留していたが,「外国人」ではなかったため,犯罪の状況を分析することはできなかった.
- Herber,Erik D. 2003 Motive and the Identity of the Legal Subject. No.28 pp.132-140.
- Language
- ENG
- Keywords
- Motive / Legal Subject / Free Will
動機 / 法主体 / 自由意思 - Abstract
- This article examines the implications of Blum and McHugh's theoretical perspective on motive when thinking about the "identity" of the legal subject (the type of person being judged as a potential criminal), which up until now has been treated as a theoretical preconception. According to Blum and McHugh, the ascription of motive has the effect of formulating a type of person. When it does, categorizing this person as such implies a limitation of this person's free will, as a person's actions are understood in terms of, and resulting from the type of person s/he is. This article shows, however, that the ascription of motive does not necessarily have the effect of formulating a type of person. It argues that the way in which the ascription of motive will formulate the legal subject as a kind of person will depend on the specifics of the case. It will depend on, e.g., whether the offense was a first offense, the presence of special circumstances, and the penal ideals adhered to by those assessing these matters, such as public prosecutors and judges. Accordingly, the "identity" of the legal subject cannot be theoretically (abstractly) preconceived. It rather comes about in accordance with interpretations of the specifics of the case. And as such it is (re-) constructed with every case -as a person of free will at times, and a more determined, possibly pathological subject at others.
本論文は,法主体(刑事裁判で被告人として裁きを受けている者)の「アイデンティティ」について考えるに当たり,BlumとMcHughの動機に関する理論的な見方が示唆ところを吟味する.BlumとMcHughによれば,行為者への動機の付与は,行為者をある人物類型としてカテゴリー化する効果がある.つまり,動機の付与による行為者のカテゴリー化によって,その者の行為は人物類型に還元して説明され,また,その人物類型の結果として理解されることとなるので,行為者のカテゴリー化はその者の自由意思を制限することとなる.しかしながら,この論文は,行為者に動機を付与するプロセスは,BlumとMcHughが主張するほど,一様であるわけではないことを示す.つまり,動機の付与が法主体(及び一般の行為者)を特定の人物類型としていかにカテゴリー化するかは,各事例の特性に左右される.具体的には,犯行は初犯であるかどうか,特別な事情の有無,また,これらの事項を吟味する人々が刑罰に関して抱く理念などが,動機の付与に影響を及ぼす.したがって法主体のアイデンティティは,(あらかじめ)固定されたものではない.むしろ,法主体のアイデンティティは,事例の特性の解釈によって-であるからこそ,一つ一つの事例において(再)構築されるものとして-ある時には自由意思を持つ者として,ある時には,もっと固定化された(ときに病理的な)主体として構築される.
- Tsutomi,Hiroshi 2003 Measuring Sexual Victimization of Female College Students(Communication). No.28 pp.141-144.
- Language
- JPN
- Keywords
- Abstract
- Shiroshita,Yuji 2003 Mental Disorder and Treatment of Criminals(Communication). No.28 pp.145-150.
- Language
- JPN
- Keywords
- Abstract
- Hamai,Koichi 2004 Peace in Japan and Countermeasures against Crime : Proposal through Criminology(Rising Fear of Crime and Re-building Safe Society in Japan: Moral Panic or Evidence-Based Crime Control). No.29 pp.4-9.
- Language
- JPN
- Keywords
- Abstract
- Hamai,Koichi 2004 How 'the Myth of Collapsing Safe Society' Has Been Created in Japan : Beyond the Moral Panic and Victim Industry(Rising Fear of Crime and Re-building Safe Society in Japan: Moral Panic or Evidence-Based Crime Control). No.29 pp.10-26.
- Language
- JPN
- Keywords
- fear of crime / crime statistics / victim
治安 / 犯罪統計 / 被害者 - Abstract
- Japan has enjoyed the reputation for being one of the most crime-free economically advanced countries. However, since the late 1990s, with constantly increasing recorded crime rate and dropping clearance rate in police statistics, it appears that the Japanese public has lost confidence in its safety and the effectiveness of the criminal justice system. In the general election of 2003, the crime problem was a central issue. For, the first time since WWII, major political parties proposed various measures to control crime, such as installing more CCTV, putting more police officers on the streets, and longer sentences for offenders. A Cabinet Office survey of public attitudes also showed that the proportion of the public who thought crime was getting worse had increased from 18.8% in 1998 to 39.5% in 2004. This paper consists of two parts. In the first part, I examine crime and related statistics, to investigate whether public perceptions are based on sound evidence. I found that in terms of crime statistics, in the late 1990s, there was a series of police scandals in Japan that fundamentally changed the way the press reported policing issues. Such changes provoked key policy changes toward the reporting and recording of crime. This in turn resulted in a sudden increase in the number of crimes recorded, and a sudden decrease in the clear up rates. The moral panic, which I call here as 'the myth of a collapsing safe society', created by the press coverage of crime statistics. In the second part of the paper, I examine how the myth of a collapsing safe society has been created and maintained by analyzing the disparity between press coverage of murder and actual number of murder, and the role of victim support movements.
2003年に実施された衆議院議員選挙において,主要政党のほとんどが,犯罪・治安対策を重要な争点として取り上げるなど,日本において,現在ほど,犯罪や治安が大きな社会問題となったことはない.世論調査の結果を待つまでもなく,多くの国民が,疑問の余地のない事実として,日本の治安が大きく悪化していると考えている.本稿では,これを「治安悪化神話」と呼ぶ.本稿では,まず最初に,日本の治安悪化神話の根拠となっている犯罪統計を検証する.そして,治安悪化を示す警察統計の指標は,警察における事件処理方針の変更等による人為的なものであり,人口動態統計等を参照すると,暴力によって死亡するリスクは年々減少しつつあること,つまり,治安悪化神話は,必ずしも客観的な事実に基づいていないことを確認する.次に,治安悪化神話の生成過程について,マスコミによる凶悪犯罪の過剰報道,それによって作られたモラル・パニックを指摘しつつ,さらに,一過性であるはずの治安悪化言説が,マスコミ,犯罪被害者支援運動と支援者(advocates),行政・政治家,専門家の共同作業を通して,単なるパニックを超えて,社会の中に定着していく過程を分析する.
- Beckett,Katherine / Sasson,Theodore 2004 Crime, Politics and the Public : The Sources of Mass Incarceration in the U.S.A.(Rising Fear of Crime and Re-building Safe Society in Japan: Moral Panic or Evidence-Based Crime Control). No.29 pp.27-50.
- Language
- ENG
- Keywords
- public opinion / politics / mass incarceration
世論 / 政治 / 大量拘禁 - Abstract
- This article evaluates alternative explanations for the new laws and practices that have made the United States the world's leader in mass imprisonment. Explanations that attribute the new punitiveness to either a worsening crime problem or an increasingly outraged and vengeful public are each found to be faulty. Instead, the authors argue, the new punitiveness reflects the success of conservative politicians in reframing a number of social problems, including crime, drugs, and poverty, as consequences of permissiveness rather than deprivation. Their efforts in this regard began in the 1960s in response to the demands of the American civil rights movement and continued in the 1980s as part of a campaign to steer state policy away from social welfare in favor of national security. In the 1990s, politicians from both major parties joined in advocating "wars" on crime and drugs. Mass imprisonment, however, has proved enormously costly and damaging to poor families and communities. In recent years, efforts to reconsider tough-on-crime laws have gained ground, and the climate is ripening for a return to policies of greater moderation.
この論文は,米国を大量拘禁の分野において世界のリーダーに押し上げた新たな法律や実務について,従来とは異なる視点からの説明を試みたものである.近時の厳罰化の原因を,悪化する犯罪情勢や世論の怒りや復讐心に求めるのは正しくない.そうではなく,著者らは,厳罰化は,犯罪,麻薬,貧困といった社会問題について,保守派の政治家が,それらの原因が差別ではなく生ぬるい寛容さによるものであると問題を摩り替える(再構成する)ことに成功したことを反映しているに過ぎないと主張しているのである.こうした保守派の試みは,1960年代の公民権運動に呼応して始まり,1980年代には,政策を福祉から治安に舵取りするキャンペーンの一環として続いている.そして,1990年代には,二大政党が共に麻薬・犯罪との戦争に参戦した.しかし,結局,大量拘禁は,貧困家庭だけでなく,地域社会にも過重な負担をかける結果となり,最近では,力で犯罪を押さえ込もうとする法律を見なおそうとする努力が支持されるようになり,よりバランスの取れた政策を模索する動きが見られるようになっている.
- Shimada,Takahito / Suzuki,Mamoru / Harada,Yutaka 2004 Fear of crime and perceived risk : The causes and structures(Rising Fear of Crime and Re-building Safe Society in Japan: Moral Panic or Evidence-Based Crime Control). No.29 pp.51-64.
- Language
- JPN
- Keywords
- fear of crime / perceived risk / victimization
犯罪不安 / 被害リスク知覚 / 犯罪被害 - Abstract
- This paper examines the cognitive structure and causes of perceived risk and fear of crime among urban residents in Tokyo. The questionnaire survey of 3,120 residents was conducted in 104 neighborhoods in Oota city, Tokyo. The respondents were requested to rate separately subjective perceived risk and emotional fear of crime for 12 crime types. Incivility and direct/indirect victimization were also measured. Confirmative factor analysis supported the two-factor structure of property and personal crime, similar to one proposed in the U.S. It is notable that this cognitive structure does not match the conventional law-enforcement classification. That is, the respondents judge several property crimes such as Akisu, breaking and entering while residents are out of house, to be both personal and property crime. The authors also examine the effects of victimization, incivility and target attractiveness on perceived risk and fear of crime. Generally, incivility and direct/indirect victimization raise fear of crime, mediated by perceived risk. In addition, incivility directly causes fear of property crime as well as mediation by perceived risk. Direct victimization has more significant effects than indirect victimization. A respondent who owns more consumer durables tends to perceive more risk of property crime, whereas one with more vulnerable family members are more fearful of personal crime. Policy implications to control fear of crime are also discussed.
本研究では,東京都大田区南部の104町丁目に住む3,120名を対象にした社会調査データに構造方程式モデリングを適用して,犯罪不安と被害リスク知覚の認知構造とその形成要因を検討した.調査では12罪種を提示し,犯罪に対する情動的な反応である犯罪不安と,主観的な発生確率の見積りである被害リスク知覚とを区別して測定した.まず,確認的因子分析により,犯罪不安・リスク知覚はともに財産犯と身体犯の2因子構造を有し,空き巣やひったくりなどの財産犯は,一般市民には身体犯としても認知されていることが示された.次に,被害経験・見聞,地域の無秩序性,富裕度,家族内弱者の有無が犯罪不安,犯罪リスク知覚にもたらす影響を検討した.これら形成要因は被害リスク知覚を媒介して間接的に犯罪不安を生起させていたのに加え,直接犯罪不安を喚起していた.また,ゴミや落書きなどの地域の無秩序性が財産犯被害不安を生起させていることや,子どもや高齢者を家族に持つ回答者は,身体犯被害の伝聞情報によって犯罪不安を生起させていることが明らかになった.
- Tamura,Masahiro 2004 Crime Prevention in Safe Community Policy(Rising Fear of Crime and Re-building Safe Society in Japan: Moral Panic or Evidence-Based Crime Control). No.29 pp.65-81.
- Language
- JPN
- Keywords
- safe community / policy / police
社会安全 / 政策 / 警察 - Abstract
- It seems that any research on crime and criminal justice in Japan has had no significant influence on policy makers. However, recently, the newly established law requires all government agencies to evaluate their own adapted policies and their performance. This change could provide researchers good opportunities to conduct evaluation research on government programs. To discuss more effective way to create a safer community, I believe that we need a new and more integrated field of research beyond traditional knowledge, which can be called Safe Community Policy. This paper will introduce a basic idea of Safe Community Policy and also address my expectation to the researchers, as one of the administrators in police service.
政策論の立場から犯罪対策を考えるが,本格的な研究ができていないため,概略を示すにとどまる.社会安全政策論は,主権者である国民が政策を決定する上で,参考となる情報を提供することを目指すものである.コストと効果とのバランスが求められるが,コストとしては,財政的費用,権限行使対象者の権利自由制限,一般人の自由ないし利益の制限に加えて,市民の犯罪回避行動による直接的負担を含める必要がある.政策手法について,制裁の予告,個人の行う予防対策への支援,犯罪被害者の被害軽減など,機能別に整理し,概観をする.政策論としては,そのほか,地方分権の流れの中における犯罪対策組織の在り方(国と地方公共団体との役割分配,国民による組織の統制手法),他の政策との間での競争・利害調整も課題となる.もう一つのテーマは,調査研究に対する期待である.「根拠に基づく犯罪予防」の発想による研究が我が国でも行われることが望まれるが,政策への展開には,それ以外の手法によるものも含めて,個別に効果があることを探す態度が求められる.説明責任,政策評価が求められる今日,現場における状況を調査によって明らかにすること,現場の感覚が研究成果によって裏付けられることの意義が重要になっている.さらに,総合的な研究のための体制作りも求められる.政策当局者と価値観を共有する研究者との間で,建設的な対話が進められることを期待したい.
- Sherman,Lawrence W. 2004 Evidence-Based Crime Prevention : A Global View from the U.S. to Japan(Rising Fear of Crime and Re-building Safe Society in Japan: Moral Panic or Evidence-Based Crime Control). No.29 pp.82-93.
- Language
- ENG
- Keywords
- evidence / experiments / crime prevention
エビデンス / 実験 / 犯罪予防 - Abstract
- How can democracies prevent crime without causing crime? How can they avoid wasting money on programs that sound good but have no effect? How can they make decisions based on rational analysis, rather than on emotional impulses? These problems afflict all democracies, regardless of culture or history. They may also have a common solution in evidence-based government. This article reviews the concept of evidence-based government and its DRIVER model, as well as the standards of evidence for different kinds of questions about crime prevention. Using these standards, it suggests that while randomized controlled trials are needed for only a small portion of the evidence in crime prevention, RCTs in each country are indispensable in order to keep programs from causing more crime than they prevent. The leadership of advanced nations is needed to move RCTs forward to a more rational framework for crime prevention policy.
民主政治において,新たな犯罪の原因を作らずに犯罪を防止するにはどうしたらよいのであろうか.耳に心地よい反面,効果のないプログラムに予算を浪費しないためにはどうしたらよいのであろうか.そして,情動ではなく,理性に基づいた決断をするにはどうしたらよいのであろうか.こうした問題は,文化や歴史にかかわらず,どのような民主体制をも悩ませる問題である.これらについて,エビデンスに基づいた政府においては共通の解決策があるかもしれない.この論文は,エビデンスに基づいた政府という考え方及びそれを実践するためのDIRVERモデルを見つめ直すと同時に,犯罪防止に関する様々な疑問に対するエビデンスの基準についても考察する.そうした考察に基づいて,犯罪防止のエビデンスにおいて,無作為統制実験(RCT)が必要とされる部分はそれほど多くないかもしれないが,新たな犯罪を生み出すことなく,犯罪を防止するためには,それぞれの国においてRCTが不可欠である.犯罪防止政策をより理性的な枠組みで考えるためにも,先進国の指導者は,RCTを推進していくことが必要である.
- Nambu,Saori 2004 Child Abuse as a Medical 'Syndrome': Munchausen Syndrome by Proxy : The Significance of Medical 'Syndrome' Evidences in Criminal Fact Finding. No.29 pp.96-111.
- Language
- JPN
- Keywords
- Munchausen syndrome by proxy / child abuse / syndrome
代理人によるミュンヒハウゼン症候群 / 児童虐待 / 医学的症候群 - Abstract
- From flooded literature Meadow considered it has been used most as the criteria of MSBP: (1)Illness in a child which is fabricated by a parent, or someone who is in loco parentis. (2)The child is presented for medical assessment and care, usually persistently, often resulting in multiple medical procedures. (3)The perpetrator denies the aetiology of the child's illness. (4) Acute symptoms and signs of illness cease when the child is separated from the perpetrator (Meadow 1995). As meadow himself admitting, those criteria is lack of specificity and they has led to confusion for the medical, social work, and legal professions. This paper discusses the characteristics and significance of the concept of MSBP as a medical syndrome, and traces the influence it has on finding factual evidence. As the result of those discussions, the authors found that MSBP concept is useful to have in the clinical aspect where practitioners discovered hidden child abuse. In the aspect of criminal fact findings, fact finder may make reference to MSBP evidences not as dispositive fact but one of the indirect evidences. In the nature as medical syndromes about child abuse, the evidence of medical witness about MSBP is inadmissible when it inescapably bears solely on proving that a crime occurred.
「代理人によるミュンヒハウゼン症候群」(MSBP)は,「(1)親あるいは親代わりの人物によって偽装された児童の疾患,(2)その児童は医学的検査や治療に差し出され,それは通常,絶え間なく,しばしば複合的な医療手続をもたらしている,(3)その加害者は自分が子どもの病気の原因であることを否認する,(4)子どもが加害者から分離されると,急性症状や病気のサインは消失する」の4つの基準を満たす用語として広く一般的に用いられている医学的概念である(Meadow 1995).しかし,提唱者であるメードゥ自身が認めるように,この基準は特異性に欠け,医師やソーシャル・ワーカー,司法関係者たちに混乱を生み出した.本稿は,医学的「症候群」としてのMSBP概念の特性と意義,同証拠が事実認定に与える影響を考察し,MSBPの概念がいかなる意義を持つべきかを明らかにする.MSBP概念は,発見が困難な虐待を発見するためのツールとして用いられることに最大の意義が存する.刑事事実認定においてMSBP証拠は,不可解に見える現象に対する医学的アプローチとして参照可能であるが,それはあくまでも「症候群」証拠にすぎず,その性質上,犯罪事実の認定に際しての「決定的証拠」とはなし難いものである.
- Yamauchi,Yuji 2004 A Study of School Functions as a Factor of Controlling Deviant Behaviors : A Reformation of Social Bond Theory. No.29 pp.114-127.
- Language
- JPN
- Keywords
- social bond / sensitivity / norm awareness
社会的絆 / 感受性 / 規範意識 - Abstract
- This paper endeavors to explain how the social bond with school can control deviant behavior. Positing that a "social bond can enhance sensitivity and norm awareness, resulting in controlling deviant behavior", the role of school in controlling deviant behaviors was researched by giving a questionnaire to 385 high school girls in February, 2002. The results of this survey can be summarized in the following five findings 1. The preposition that a social bond can enhance sensitivity and norm awareness, resulting in controlling control deviant behaviors is not negated. However the converse relationship of sensitivity and norm awareness to building a social bond is also not negated. 2. The preposition that through the bond with negative friends who commit deviant behavior, deviant norm is adopted, resulting in worsening deviant is not negated. However the converse relationship of deviant norm awareness to creating a bond with negative friends is also not negated. 3. The effect of a bond with instructors on controlling deviant behavior is enormous; representing the strongest controlling effect among all school-related factors affecting the behavioral attitude of students. 4. The effect of a bond with friends on controlling deviant behavior cannot be observed from the available data. 5. The preposition that commitment to school activities, primarily such as learning, can enhance sensitivity as well as norm awareness of concerns that degrade school, turns out to control deviant behaviors is not negated. However, the converse relationship of sensitivity and norm awareness building commitment to school activities is also not negated.
この論文は,学校との社会的絆がどのようにして問題行動を抑制するかについての説明を試みたものである.「社会的絆は,感受性と規範意識を向上させ,その結果問題行動を抑制する」という仮説を立て,2002年2月に実施した高校生女子385名に対する質問紙調査のデータにより,学校の問題行動抑制機能を観察した.得られた知見は以下の5点にまとめることができる.1 社会的絆の問題行動抑制機能は,絆が感受性と規範意識を高めることによるという仮説は否定されない.ただし,感受性と規範意識が絆をつくるという逆の関係も否定されない. 2 問題行動をする友人との絆により逸脱的な規範の取り入れが起こり,その結果問題行動が促進されるという仮説は否定されない.ただし,逸脱的な規範が問題行動をする友人との絆をつくるという逆の関係も否定されない. 3 教師との絆の問題行動抑制効果は強く,学校に関する要因の中で最も強い抑制効果を生み出している. 4 友人との絆の問題行動抑制機能はデータ上では観察できない. 5 学習を中心とした学校活動へのコミットメントは,「学校の信用失墜への配慮」という感受性及び規範意識をそれぞれ高め,その結果問題行動を抑制するという仮説は否定されない.ただし,感受性と規範意識が学校活動へのコミットメントをつくるという逆の関係も否定されない.
- Kobayashi,Juichi 2004 Development in Therapeutic Jurisprudence and its Application in Criminal Justice(Research Trend). No.29 pp.128-132.
- Language
- JPN
- Keywords
- Abstract
- Akaike,Kazumasa 2004 Trends of French Criminology on Prison(Research Trend). No.29 pp.133-138.
- Language
- JPN
- Keywords
- Abstract
- Miyazawa,Setsuo 2005 Composition and Background of the Symposium(Reexamination of Policy-Making Processes in Recent Legislations and Policies on Criminal Justice: Based on the Idea of Evidence-Based Policy). No.30 pp.4-6.
- Language
- JPN
- Keywords
- Abstract
- Shiroshita,Yuji 2005 Raising the Statutory Penalty Limits and Legislative Policy(Reexamination of Policy-Making Processes in Recent Legislations and Policies on Criminal Justice: Based on the Idea of Evidence-Based Policy). No.30 pp.7-19.
- Language
- JPN
- Keywords
- statutory penalty / sentencing / crime prevention
法定刑 / 量刑 / 犯罪予防 - Abstract
- On December 1,2004, the House of Councilors enacted a law amending the Penal Code of Japan and other related acts. This was the first major amendment of the Penal Code since its enactment in 1907. The main point of the amendments was to raise the statutory penalty limits (i.e., the maximum or minimum sentence set forth in the penal rules for each crime) in response to legislative policy aimed at preventing crime. According to the Ministry of Justice, the amendments result from three primary factors recognized by the legislative branch: (1) a changing sense of justice; (2) an increasing crime rate; and (3) the severity of sentencing. These factors are all based on statistical evidence. In this paper, the author examines the record of the Legislative Council of the Ministry of Justice to determine whether these three primary legislative factors are based on sound empirical evidence. The conditions of raising the statutory penalty limits are also discussed from a viewpoint of evidence-based policy.
2004年9月に「凶悪・重大犯罪に対処するための刑事法の整備に関する要綱(骨子)」が法務大臣に答申され,同年12月に「刑法等の一部を改正する法律」として可決・成立し,2005年1月より施行された.本改正の内容は多岐にわたるが,最も注目されたのは刑法典における凶悪・重大犯罪の(約1世紀ぶりの)法定刑引上げである.今回の改正は「治安回復のための基盤整備」の施策の一環であり,法制審議会における審議状況を概観すると,法定刑引上げを必要とする立法事実としては,(a)国民の正義観念(規範意識)の変化,(b)犯罪認知件数の増加,(c)科刑状況の厳格化の3要因が挙げられ,これらは各種の統計資料によって根拠づけられるということが事務当局から説明されている.本稿は,審議会議事録および配布資料の内容を分析することにより,事務当局が指摘するような立法事実を根拠づけるのは困難であること,また,仮にそうした事実が存在するとしても,法定刑引上げという立法政策が直ちに正当化されるものではないことを明らかにする.そして,わが国の刑事立法政策過程が,EBP(エビデンス・ベイスト・ポリシー)の発想から学ぶべき点は何かを検討する.
- Ayukawa,Jun 2005 The Revisions of Juvenile Law and Evidence-Based-Policy(Reexamination of Policy-Making Processes in Recent Legislations and Policies on Criminal Justice: Based on the Idea of Evidence-Based Policy). No.30 pp.20-32.
- Language
- JPN
- Keywords
- the revision of the juvenile law / evidence-based-policy/evidence-based-practice / the Diet
少年法改正 / エビデンス・ベイスト・ポリシー/エビデンス・ベイスト・プラクティス / 国会 - Abstract
- This article will expound upon the discussions and the processes that took place in the deliberations that lead to the revision of the juvenile law in Japan in the year 2000 from the viewpoint of evidence-based-policies and/or evidence-based-practices. In Japan, most laws have been passed by the Diet through proposals that were submitted by the cabinet. This process now seems to be in a state of change. The revision of the juvenile law in 2000 was the first major law to be revised through the proposals and discussions by the members of the Diet. Generally, when a law is proposed by the cabinet to the Diet, the proposal needs to be examined, prior to submission to the Diet, at the Council on Law within the Ministry of Justice, where specialists, such as professors of law, representatives from the prosecutor's office, representatives from the Supreme Court, and representatives from the Japan Bar Association, participate in feasibility discussions on the merits and the demerits of the proposal from their respective areas of specialty. This paper will examine how the discourse on the revision of the juvenile law in 2000 was constructed at the Diet by studying what nature of juvenile crimes was recognized, and how the revision of the juvenile law was determined to prevent the brutalization of juvenile crime with reference to the evidence. This examination will show that there were very few discussions referring to the relevance of evidence. In 2005, the latest revision to the juvenile law was proposed by the cabinet to the Diet. When I examined how one of the three main points to revise the juvenile law was supported by evidence, and how this point was discussed at the Council on Law within the Ministry of Justice, I could find little evidence that supported that particular point for the proposed revision. Both methods of revising the juvenile law suffer from deficiencies when viewed from the perspective of evidence-based-policies and/or evidence-based-practices.
2000年,国会で議員立法によって改正少年法が成立した.本稿はこの少年法改正について,いかなる根拠に基づいてどのような成果が唱えられて改正にいたったのか,エビデンス・ベイスト・ポリシー(エビデンス・ベイスト・プラクティス)との関連から考察する.次に,改正後の変化に関し,「移送」を取り上げ,エビデンス・ベイスト・ポリシーを生かしうる調査の提言を行う.最後に,2005年に国会へ提出された少年法改正案について,どのようなエビデンスに支えられているのかについて焦点を絞った検討を加えるものである.
- Shikata,Ko 2005 Evidence Based Policy in Planning Community Safety Policy(Reexamination of Policy-Making Processes in Recent Legislations and Policies on Criminal Justice: Based on the Idea of Evidence-Based Policy). No.30 pp.33-47.
- Language
- JPN
- Keywords
- evidence based policy / community safety policy / policing
エビデンス・ベイスト・ポリシー / 社会安全政策 / 警察政策 - Abstract
- This paper is about the significance of Evidence Based Policy (EBP) and some problems for further consideration from the viewpoint of the theory of "Community Safety Policy." It can be said that the current success of EBP in the United States means "the victory of collaboration between practitioners' wisdom and science" rather than "the victory of science over practice." Advocates of EBP among practitioners and criminologists share the goal to reject theories not based on real life. Because of some problems which need further consideration, it is unclear as to whether EBP takes the full place of the current policy-making method in the Japanese police organizations. However, under preferable circumstances, EBP must be a reliable measure to verify the effectiveness of policies planned by practitioners. The trial-and-error approach which can be seen in the EBP implemented in the United States should be introduced to the Japanese Police in order to improve its policies.
本稿は,社会安全政策論の観点から見たエビデンス・ベイスト・ポリシー(EBP)の意義と限界に関する私見を展開するものである.筆者は,近年における米国でのEBPの成功は,「現場の知恵に対する科学の勝利」ではなく,「現場の知恵と科学との連携の勝利」であると考える.米国の実務家と犯罪学者は,「机上の空論」を退けようという点において目的を共有している.EBPには少なからぬ問題点もあることから,現在日本で行われている現場の知恵に基づく政策決定の手法に完全に取って代わるべきものとまでは言えないが,現場の知恵にもおそらく限界はあるのであって,現場の知恵と科学的手法の好ましい補完関係の1つとして,一定の場合にはEBPが現場の知恵を検証するための有効な手法となるのではないか,米国のEBPに見られるトライアル・アンド・エラーによる実務の改革・改善の考え方は見習うべきではないか,というのが本稿の主張である.
- Imahuku,Shoji 2005 The Role of Evidence in Policy-Making(Reexamination of Policy-Making Processes in Recent Legislations and Policies on Criminal Justice: Based on the Idea of Evidence-Based Policy). No.30 pp.48-55.
- Language
- JPN
- Keywords
- rehabilitation aid hostels / evidence based policy / treatment
更生保護施設 / エビデンス・ベイスト・ポリシー / 処遇 - Abstract
- This article analyzes "The Basic Plan for Enhancing the Treatment Function of Rehabilitation Aid Hostels-Total Plan for New Rehabilitation Aid Hostels in the 21^ Century," which was enacted in January 2000, from the point of view of evidence-based policy. The Total Plan was developed mainly on the basis of consensus built between the policy-makers and practitioners, rather than evidence in a strict sense. However, it can be argued that the Total Plan was developed on a rational basis, which is the principle point of evidence-based policy. Furthermore, this article raises a number of issues that introduce the idea of evidence-based policy so it can take a firm hold on policy-making.
平成12年1月から,更生保護施設の処遇機能の充実を目指し,「更生保護施設の処遇機能の充実化のための基本計画〜21世紀の新しい更生保護施設を目指すトータルプラン」という政策が実施され始めた.このトータルプランという政策の形成過程をエビデンス・ベイスト・ポリシー(EBP)の観点から分析すると,エビデンスというよりも政策立案者や実務家の間のコンセンサスから導かれた部分が多いことは否めない.しかし,可能な限り合理的な根拠に依拠して政策を決定するというエビデンス・ベイスト・ポリシーの趣旨は十分反映されていたものと思われる.また,このような分析を踏まえつつ,今後,EBPの導入・定着化に向けた諸課題について指摘する.
- Petrosino,Anthony 2005 The Use of Randomized Field Trials in the U. S. to Evaluate Justice Programs : A Briefing(Reexamination of Policy-Making Processes in Recent Legislations and Policies on Criminal Justice: Based on the Idea of Evidence-Based Policy). No.30 pp.56-71.
- Language
- ENG
- Keywords
- experimental design / random assignment / program evaluation
実験デザイン / 無作為割付け / プログラム評価 - Abstract
- This article overviews the use of randomized experiments in criminal justice and criminology. The paper presents the rationale for doing experiments, emphasizing its ability to rule out causal explanations for observed findings. After presenting a brief history of justice trials, the paper concludes with a discussion of limitations of the method.
この論文は,刑事司法及び犯罪学における無作為統制実験の利用について概観したものである.この論文では,実験を用いる理由として,観測された結果に関する因果的説明を排除できることを重視する.司法に関する実験の歴史について説明した後,この手法の限界についての検討を行う.
- Petrosino,Anthony 2005 D.A.R.E. and Scientific Evidence : A 20 Year History(Reexamination of Policy-Making Processes in Recent Legislations and Policies on Criminal Justice: Based on the Idea of Evidence-Based Policy). No.30 pp.72-88.
- Language
- ENG
- Keywords
- school-based drug prevention / research utilization / evidence-based policy
学校における薬物濫用防止 / 研究の活用 / エビデンスに基づく政策 - Abstract
- This paper presents a brisk history of the Drug Abuse Resistance Education (D.A.R.E.) program, America's most popular school-based drug prevention strategy. After a brief description of the program, the paper outlines the history of D.A.R.E. from its beginnings in 1983 to the 21^ Century, with particular attention paid to research evidence relevant to D.A.R.E. The paper highlights the mid- to late-1990s, a period that saw D.A.R.E. remain resilient and even expand in light of negative research findings. Drawing on results from a study of D.A.R.E. and the uses of evaluation findings, the author offers five common themes to explain this irony. By the late 1990s, however, D.A.R.E. was seemingly in decline. Research-particularly in the form of large government reviews and best practice lists-played an influential role, and ultimately led to a meeting between D.A.R.E. leadership and evaluators to ascertain how the program could be improved. A new D.A.R.E. curriculum targeting a more age-appropriate group of students was introduced and is now being evaluated in a randomized experiment in the U.S. that includes over 100 schools.
この論文は,アメリカにおいて,学校を基盤とする薬物防止対策のうち,もっとも人気が高い,薬物乱用抵抗教育(D.A.R.E.)プログラムの歴史について述べたものである.プログラムの概要について説明した後,D.A.R.E.に関するエビデンスに着目しつつ,1983年以降21世紀に至る,D.A.R.Eの歴史を振り返る.まず,否定的な研究結果が出ているにもかかわらず,D.A.R.E.の勢いが衰えずむしろ拡大した1990年代半ばから後半に着目し,この矛盾を説明する5つの理由を提出する.ついで,1990年代後半には,研究(とりわけ,政府による大規模なレビューや最善の実務〔ベスト・プラクティス〕のリスト)が大きな影響を与え,D.A,R.E.の勢いは衰え始めた.D.A.R.E.の指導者と評価研究者がプログラムをどのように改善したらよいかを検討するための会合を持ち,現在は,より適切な年齢層をターゲットとする,新しいD.A.R.E.のカリキュラムが導入され,全米100校を超える学校における無作為統制実験によって評価が進められている.
- Tsutomi,Hiroshi 2005 Discussant : What Evidence-Based Policy Can Do(Reexamination of Policy-Making Processes in Recent Legislations and Policies on Criminal Justice: Based on the Idea of Evidence-Based Policy). No.30 pp.89-93.
- Language
- JPN
- Keywords
- Abstract
- Sakai,Yasuyuki 2005 Discussant : Significance and Problems of EBP : From the Standpoint of Jurisprudence(Reexamination of Policy-Making Processes in Recent Legislations and Policies on Criminal Justice: Based on the Idea of Evidence-Based Policy). No.30 pp.94-99.
- Language
- JPN
- Keywords
- Abstract
- Okabe,Takeshi / Kobayashi,Juichi 2005 Violent Juvenile Crime in Japan. No.30 pp.102-118.
- Language
- JPN
- Keywords
- violent juvenile crime / first-time offenders / family backgrounds
粗暴的非行 / 「いきなり型」 / 一般化 - Abstract
- There are some widely held myths about violent juvenile crime in Japan. For instance, it is said that violent crimes committed by juveniles who do not have a past record of crime are increasing. It is also said that serious juvenile offenders with no problems in their family backgrounds, or their own social adjustment, are on the increase these days. Some researchers express the opinion that violent crime is more prevalent among ordinary boys and girls. However, most of these remarks have no factual basis. This paper examines whether the myths are true based on crime statistics and questionnaire survey data. The sample of this survey consists of 728 delinquents who were arrested by the police on a violent crime charge. The findings are as follows: 1. The proportion of first-time offenders to all delinquents who committed violent crimes is not going up. 2. The degree of criminality of repeat violent offenders is higher than that of first-time offenders even now. 3. There is a close connection between violent crime and the family backgrounds of delinquents and their own social adjustment even now.
過去4半世紀の犯罪統計と,凶悪犯・租暴犯で補導された少年及びその担当警察職員に対する質問紙調査により得たデータ(n=728)を用いて,わが国における近年の凶悪・粗暴な非行について,「いきなり型」・「普通の子」という概念の妥当性を中心に検討した.分析の結果,主として以下の点が導き出された.(1)粗暴的な非行での検挙人員中に占める初犯者の割合が,近年増加しているとはいえない.(2)非行キャリアを重ねた者ほど,非行の悪質性は高い傾向がある.(3)家庭環境や社会的適応の状況と粗暴的非行との関係が,近年になって弱まっているとはいえない.以上より,少なくとも現時点においては,今日の粗暴的非行の特徴を,「いきなり型」や「普通の子」という概念を用いて説明することは,適切ではないと考えられる.
- Hirai,Hideyuki 2005 Re-considering Criminalization and Medicalization of Methamphetamine Use : Focusing on Social Interventions at "Interaction Level". No.30 pp.119-137.
- Language
- JPN
- Keywords
- methamphetamine use / criminalization and medicalization / levels and degrees
覚せい剤使用 / 犯罪化と医療化 / レベルと度合い - Abstract
- The objective of this paper is to re-examine the problem of, and social intervention with respect to, the use of methamphetamine (a crystalline hydrochloride stimulant), which is called "Philopon" in Japan (1940-1950s), focusing on "Levels" and "Degrees" of criminalization and medicalization of Philopon use. Many researchers claim that Philopon use was criminalized and medicalized at that time. First, the author reviews some studies about criminalization and medicalization of Philopon use, and then re-articulates and reconstructs those categories. Second, the author examines how Philopon users were corrected in prison and how Philopon toxicity was treated in doctor-patient relationships. Finally, the author presents an understanding of the criminalization and medicalization of Philopon use. The author concludes that Philopon use was, on the one hand, criminalized and medicalized in conception and institution level in high degree, but it was, on the other hand, criminalized and medicalized in interaction level in low degree.
戦後初期の「ヒロポン禍」と呼ばれた時代(1940年代後半〜1950年代半ば)における,覚せい剤使用の「問題化」過程と,それに対する社会的介入のあり方について,試論的な考察を行うことが本論文の目的である.従来の社会学・犯罪社会学関連領域において,上記のテーマは,覚せい剤使用の「犯罪化」と「医療化」が共時平行的に進行することを含意する,「犯罪化」/「医療化」テーゼとして説明されてきた.本論文では,いったん社会学的カテゴリとしての「犯罪化」「医療化」に関する議論に内在的に立ち戻り,そこでの検討を通して「犯罪化」「医療化」カテゴリを再構成して提示する.その後,そこから得られた枠組みを用いて,この時期の覚せい剤使用の「犯罪化」「医療化」の分析を,主に「相互作用レベル」と「矯正処遇」「精神医学的治療」に注目しながら行う.それにより,従来「概念・制度レベル」において論じられてきた「犯罪化」/「医療化」テーゼを,「相互作用レベル」において検討した場合,必ずしも,高い「度合い」で「犯罪化」および「医療化」が進行したとはいえないことを明らかにする.
- Yamamoto,Isao 2005 Does a Part-Time Job Act as a Social Bond to Prevent Juvenile Delinquency?. No.30 pp.138-150.
- Language
- JPN
- Keywords
- part-time job / social bond theory / juvenile delinquency
アルバイト / ボンド理論 / 少年非行 - Abstract
- This paper seeks to determine whether part-time jobs held by high school students can serve to prevent juvenile delinquency in the form of "involvement," one of the social bonds observed by Hirschi. Two statistical analyses using empirical data were conducted. The first statistical analysis compared 1,509 general high school students with 439 high school students who had police records. The author did a cross-tabulation and logistic regression analysis. The students' hope of progressing to a higher grade, club activities, and a part-time job were all used as independent variables. The second statistical analysis used self-reporting of juvenile delinquency in the general high school student population as a dependent variable in a similar analysis to the first one. Both statistical analyses (the one for students with a police record, and for those self-reporting delinquency) led to similar conclusions. A part-time job held by a high school student was not a factor preventing delinquency. On the contrary, high school students who work part-time, even when controlling for the hope of progressing to a higher grade and club activities, have a high probability of engaging in delinquent behavior. The author considered three logical possibilities to explain the results. The first possibility is that a part-time job is a risk factor of delinquency. The second possibility is that some characteristic of the juvenile delinquent leads him or her to take a part-time job. The third possibility is that the characteristics of parents who allow juveniles to work part-time can be interpreted to be the source of both.
本稿は,高校生のアルバイトがハーシのいう社会的絆の1つの「巻き込み」として,非行を抑止するのかを検証することを目的とする.そのために,2つの分析を行う.第1の分析として,警察に検挙された高校生439人と一般高校生1,509人を対象に,両者の別を従属変数とし,進学希望,部活動,アルバイトを独立変数としたクロス集計,ならびにそれらを投入したロジスティック回帰分析を行った.第2の分析として,一般高校生における自己申告非行の有無を従属変数とし,同様の分析を行った.警察の検挙という公的記録を用いた分析結果も,自己申告非行を用いた分析結果も同様の結論を導いた.高校生のアルバイトは非行の抑止要因にはなっておらず,それどころかアルバイトをしている高校生は,進学希望と部活動という要因を統制しても,非行を行う確率が高いということが明らかになった.この結果を説明する3つの論理的な可能性を考察した.
- Harada,Yutaka 2005 Recent Trends in Geographic Crime Analysis(Research Trend). No.30 pp.151-155.
- Language
- JPN
- Keywords
- Abstract
- Oyama,Shigeru 2005 Uses of HLM and IRT in Criminology(Research Trend). No.30 pp.156-161.
- Language
- JPN
- Keywords
- Abstract
- Ito,Koichiro 2006 Introduction : Criminological Studies of the Risk Society(Symposium,Risk Society and Crime). No.31 pp.4-6.
- Language
- JPN
- Keywords
- Abstract
- Adachi,Koji 2006 Regulations for Safe and Secure Community : A Study on the Sense of Words 'Risk' and 'Watching'(Symposium,Risk Society and Crime). No.31 pp.7-21.
- Language
- JPN
- Keywords
- Regulations for Safe and Secure Community / voluntariness / watching
生活安全条例 / 主体性 / 監視 - Abstract
- 'Regulations for Safe and Secure Community' have been established in many prefectures and municipalities, and government promotes the establishment of this type of regulations in other prefectures and municipalities. 'Regulations for Safe and Secure Community' can be categorized into following three types by their contents: (1) the regulations which provide the efforts toward safe and secure community; (2) the regulations which provide the positive participation of administrative organ and police in designing schools, roads, parks, apartment houses and so on from the viewpoint of crime prevention, and punishment for the offense at the previous stage of violence or burglary crime; (3) the regulations which provide efforts toward safe and clean community. These regulations are established in order to promote positive participation of residents and recover the crime preventive function of community. The regulations would not work, if they were not based on the real needs of residents, and not established and executed through the democratic process where they participate voluntarily. Furthermore, residents' voluntary activity for crime prevention based on 'Regulations for Safe and Secure Community' includes a risk that those who watch others are in fact watching themselves, too from the viewpoint of power. The risk is omnipresent and very difficult to notice, and thus particular to 'Risk-Society'.
「生活安全条例」は,現在では,多くの都道府県ないしは市町村で制定されており,また,この種の条例制定の促進は,政府の政策でもある.「生活安全条例」は内容面から次のように分類できる.すなわち,(1)地域の生活安全活動の理念を提示するもの,(2)学校,道路,公園,集合住宅等の設計において防犯の観点による行政や警察の積極的関与を規定するとともに,暴力犯罪や侵入窃盗などの前段階の行為を処罰するもの,(3)生活安全と生活環境の美化を融合させたもの,である.このような条例制定の狙いは,地域住民の防犯活動への積極的関与を促し,地域社会の犯罪抑止機能を回復することにある.条例は,地域住民の防犯に関する具体的なニーズに基づき,地域住民の主体性を前提とした民主的なプロセスを通して制定,展開されなければ,実効性を持ち得ない.そして,「生活安全条例」を機軸とした自主防犯活動には,住民自身による権力的な視点からの自己監視というリスクが潜んでいる.このようなリスクは,遍在性を有しており,またその存在に気づきにくいという意味で「リスク社会」に特徴的なものと考えられる.
- Ueno,Kayoko 2006 Child Abuse in Risk Society : Hybrid Psychological/Actuarial Governmentality(Symposium,Risk Society and Crime). No.31 pp.22-37.
- Language
- JPN
- Keywords
- child abuse / risk / governmentality
児童虐待 / リスク / 統治 - Abstract
- In his classic study of "From Dangerousness to Risk," Robert Castel has delineated that the disciplinary type of technology where there is excessive concern with individuals through correction or normalization of the deviant has been superseded by post-disciplinary actuarial risk technology where there is little concern with individuals with the focus being cast on aggregates or on the population. On the other hand it has also been pointed out by others that the actuarial coexists with the disciplinary technology. This paper illustrates how the two types interrelate with each other in the domain of Japanese child abuse prevention policies. Specifically, through the rise of social awareness on child abuse problems, psychological techniques such as counseling and behavioral therapies targeting moral and/or attitudinal change have emerged. At the same time, risk assessment technology has become dominant in contemporary child abuse prevention policies. In short, the policies are becoming psychological as well as actuarial. Implied from Hannah-Moffat's analysis on "hybrid moral/actuarial penalty," this paper will discuss the psychological/actuarial governmentality exemplified in Japanese child abuse prevention policies.
リスク社会の統治論で知られるロベール・カステルらのポスト規律秩序の議論は,ひとりひとりの逸脱者の矯正や正常化を目的とする規律型統治から,人口を対象とした保険数理的なリスク統治への移行を説いている.しかし,現実にはリスク社会には,保険数理的なリスク統治だけでなく,規律型統治も認められるという指摘がなされている.本稿では,この両タイプがリスク社会の統治モデルとしてどのように関連しあっているのかを,日本の児童虐待問題からみていく.具体的には,1990年代から児童虐待問題への危機意識が形成されてきたなかで,個人の内面に焦点をあてた,規律型のテクノロジーの現代的形態である心理療法的なアプローチと,保険数理的なリスクアセスメントによる虐待防止の両方が,児童虐待対策のなかで不可欠なものとして位置づけられてきた過程を概観していく.児童虐待防止対策が,心理化と同時に保険数理化していることを,ケリー・ハナ-モファットの「ハイブリッド道徳・保険数理刑罰」から示唆をえて,「心理と保険数理のハイブリッド統治」として考察したい.
- Konishi,Yoshihiro 2006 Crime as a New Risk : Principles of Crime Prevention and Precaution(Symposium,Risk Society and Crime). No.31 pp.38-51.
- Language
- JPN
- Keywords
- risk of crime / actuarial justice / principle of precaution
犯罪のリスク / 保険数理的司法 / 警戒原則 - Abstract
- This paper examines two questions. First, at a time when welfare-states, which are basically actuarial in nature, are believed to be receding, why is actuarial justice gaining ground among criminal justice experts? Second, contrary to the reasonableness or the "smartness" of actuarialism, why is there a rapid spread of zero-tolerance policing, CCTV, "Megan's" law, and "Three-Strikes" laws, which all seem excessive compared with the actual risk of victimization? The author examines the concept of the "risk" of crime and contrasts it with "safety" and "danger", respectively. By so doing, crime can be conceptualized as a new risk in the late modern period, and it is apparent that the principle of crime control is based on precaution and not actuarial prevention.
犯罪のリスクとは何であろうか.社会はさまざまなリスクに満ちているという認識が広まるにつれ,犯罪もまたそのリスクの一つとして考えられるようになった.このことは犯罪統制をめぐる今までの考え方や語り方にどのような影響をもたらしたのか.本稿は犯罪のリスクという概念の整理をとおして,次の二つの問題の検討を試みるものである.(1)その本質において保険数理的であった福祉国家の後退とともに,犯罪統制の専門的思考では保険数理的司法に関心が寄せられるようになった,それは何故か.(2)保険数理的司法の合理性に対して,犯罪統制策の実際の展開には過剰な印象を受けるのはどのような理由からだろうか.英米における近年の犯罪統制の動向を概観した後,本稿では,リスク概念を「安全」と「危険」の二つの対比に置いて考察する.そのなかで犯罪のリスク化は,犯罪統制に「警戒」という新たな原則を加えるものであることを示したい.
- Williams,Andy 2006 Paedophiles, Panics, and Protests : Understanding Penal Populism(Symposium,Risk Society and Crime). No.31 pp.52-73.
- Language
- ENG
- Keywords
- Paulsgrove / sex offenders / criminal justice policy
ポールズグローブ / 性犯罪者 / 刑事司法政策 - Abstract
- In recent years the criminal justice response to sex offenders in the United Kingdom has become progressively punitive, with extended sentences and increased supervision and surveillance upon release from prison. As well as raising a number of issues regarding the human rights of such offenders, it has been argued that this 'upward spiral of punitiveness' (Nash, 2006:105) has been fuelled by media induced moral panics, which have generated fear and concern within the general public, thereby offering justification for such draconian legislative developments. Using moral panics and moral enterprise as a theoretical framework, this analysis will review such legislative changes by examining the demonstrations against a child sex offender in Paulsgrove, Portsmouth, and the various issues that connect media reporting of child sex offenders, the public reactions to such offenders, and how the criminal justice system has responded to such fears. It will be argued that those studies that utilise moral panics as a framework of analysis are inherently flawed as they largely ignore moral enterprise, which produces a symbiotic link between media, social control agencies, moral entrepreneurs and interest groups in the creation of primary frameworks that define the 'reality of crime' and aid the construction of criminal justice policy.
近年,イギリスにおける性犯罪者への刑事司法の対応は,急速に処罰の度を高め,刑務所拘禁の長期化と,その釈放後の監督や監視の強化が進んでいる.そのような犯罪者の人権に関して多くの問題が提起される一方,この「厳罰化の上方への螺旋運動」(Nash 2006:105)が,一般大衆に不安や懸念を生ぜしめ,厳罰的な立法の展開を正当化する,メディア由来のモラル・パニックに煽られたものであるとも論じられる.本稿の分析では,モラル・パニックとモラル事業のコンセプトを理論的なフレームワークとして用い,そうした立法的な変化を概括するため,ポーツマスのポールズグローブにおける小児性愛犯罪者に対するデモを取りあげ,小児性愛犯罪者に関するメディアの報道や公衆の反応,さらには,刑事司法システムがその不安の表出にいかに対応したかという,相互に連関するさまざまな問題を検討する.モラル事業は,「犯罪の現実」を定義し,刑事司法政策の形成を助勢する,基本的なフレームワークの創出において,メディア,社会統制機関,モラル事業家,利益集団の間のシンボリックなリンクを生成する.本稿は,モラル・パニックを分析のフレームワークとして用いる諸研究の多くが,このモラル事業のコンセプトを無視することからくる,本来的な欠陥を有するものであることを主張する.
- Ito,Koichiro 2006 Between the Rational and the Emotional : Punitiveness in the Risk Society(Symposium,Risk Society and Crime). No.31 pp.74-85.
- Language
- JPN
- Keywords
- risk society / punitiveness / governmentality
リスク社会 / 厳罰主義 / 統治性 - Abstract
- Both the movements towards risk managements and punitiveness have become co-exist even in the Japanese policies of crime control, where a myth of the characterization of the country as most safe-and-secure place in advanced countries had once dominated. This article attempts to examine why this convergence of risk managements and punitiveness happens and what changes will be made in near future. Punitiveness in the risk society is explained by changing power relations between professionalism and populism and the competition and complementation of powers in a triangle of sovereignty, discipline and government. In conclusion, discussed is a question, what we should do to resist the emergence of the exclusive society that this convergence might lead.
リスク社会化と厳罰化という,本来,矛盾する二つの動向が同時に進行する事態が,現在,状況的に先行する英米のみならず,日本においてもまた,出現している.この矛盾する動向の交差は,いかなる理由により生じているのか,また,その交差は,現代社会の犯罪統制を,いかなる方向に変化させようとしているのか.本稿においては,この解明のために,まず,(1)リスク社会化と厳罰化の交差における矛盾を摘示し,(2)両者の交差において,特に厳罰化の理由としてあげられる「ポピュリズム」の出現と,対抗する「プロフェッショナリズム」の関係を位置付け,(3)その交差の根底にある,法的な統制,規律的な統制,保険数理的な統制という犯罪統制の三種の型の,現時点における競合と接合の複層的な展開を解析し,(4)結果として,そこに生みだされる可能性としての,排除社会の到来に対して,いかなる手立てを取りうるのかを検討する.その解明においては,以上の論点をめぐる,英米の犯罪学の先行的な論議を整理し,実践への方向を見いだしてゆくことが中心となるが,その作業を通し,今後,日本においても可能性として生じうる,排除社会の到来に抵抗する,論議の素材を提供したい.
- Honda,Koji 2006 The Study of Risk Society Theory on Drug Problems : Focus on the Power Structure in Harm-Reduction Policy. No.31 pp.88-100.
- Language
- JPN
- Keywords
- Harm-reduction policy / power / risk society
ハーム・リダクション政策 / 権力 / リスク社会 - Abstract
- An unfamiliar drug policy known as "harm-reduction" has gained prominence among some European countries. This policy was developed in response to the HIV-virus epidemic in the 1980's. Under the harm-reduction policy, drug-abstinence is not regarded as an absolute requirement for the treatment of drug addicts. This new approach is designed, instead, to protect public order and safety, and the user's health from secondary harm collateral to drug use. The approach is characterized as a low-threshold treatment program. Low-threshold treatment consists of "needle exchange programs," "heroin prescription," "supervised injection sites," etc. The author investigates some potential technologies which have decisive effects on the practice of low-threshold treatment. The paper addresses "enumeration" and "space" as technologies. "Enumeration" is a technology which converts individual drug users to statistically manipulated collective variables. "Space" is a technology which does not enforce strict regulation on "drugs" or "drug-users" severally, but rather exercises control over various factors, including "drugs" and "drug-users," at the point where they converge. This paper undertakes to clarify the mechanism of harm-reduction policy through understanding these technologies.
ハーム・リダクションと呼ばれるドラッグ政策が,西欧の一部の国々において展開されている.この政策ではドラッグ使用者の摘発や検挙を一義的とせず,治療面においてもドラッグ使用者に断薬を強制しない.当該政策では,公衆衛生や社会,経済に及ぼす害を「リスク」という抽象的な変数として扱うことが一義的な課題となる.本稿では,リスク社会論の立場から当該政策を検証する.そこで着目するものが,「数え上げ」と「空間」という二つのテクノロジーである.「数え上げ」とは,全体的なドラッグ使用者の中から「リスク」グループを割り出し,プロスペクティブに介入するテクノロジーである.「空間」とは「ドラッグ」や「ドラッグ使用者」に直接関わるのではなく,それらの「リスク」が相互に折り重なる地点に介入を集約するテクノロジーである.ハーム・リダクション政策とは,この二つのテクノロジーの連動が構成する権力構造によって成り立っていると考える.
- Matsumoto,Yoshio 2006 Demographic Change and Crime in Japan : 1950-2000. No.31 pp.101-115.
- Language
- JPN
- Keywords
- age-structure of the population / commitment score of the crime in each age-group / "Social Change Map"
人口の年齢構成 / 年齢層別犯行寄与度 / <社会動態地図> - Abstract
- The demographics of Japan are changing rapidly as a result of low birth rates and an aging population ("shoshi-koreika"). This paper investigates the relationship between the age-structure of the population and the crime situation in the second half of the 20^
Century. Six categories of crime (homicide, burglary, injury, rape, theft, and fraud) are analyzed in six age groups (10-19, 20s, 30s, 40s, 50s, and over 60 years of age) over six periods of time (1950, 1960, 1970, 1990, and 2000) by (A) arrest rates, and (B) commitment scores ("C-score"). (A)The rates of arrest for each crime are expressed in a "Social Change Map" along an "age" axis and a "time period" axis. (B) Changes in the C-score for each age group (= percentage of arrests of the age group for total arrests/the percentage of the age group in the total population) are expressed in a line graph. The following results were obtained: 1) In 1950-60, the C-score of 20 year olds reached a high level in most types of criminal activity. 2) After 1970, the C-score of 10-19 year olds rose, especially with respect to injury and theft. After 1990, the C-score of those in the 10-19 age group rose, especially with respect to burglary. 3) Recently, the C-score of middle-aged and older individuals (over 60) have risen slightly, but remained low, with respect to homicide, burglary, injury, and theft. 日本の人口事情は,少子・高齢化に向けて急速に変化している.本論文は20世紀後半期における日本人口の年齢構成と犯罪情勢との関連について検討したものである.6つの罪種(殺人,強盗,傷害,強姦,窃盗および詐欺)に関して,6つの年齢層(10代・20代・30代・40代・50代・60歳以上),6つの年次(1950,60,70,80,90,2000年)の(A)被検挙者出現率および(B)寄与度(Cスコア)が分析された.(A)各罪種の被検挙者出現率は,年齢軸・時代軸で構成された「社会変動地図」で表示した.(B)各年齢層の犯行寄与度(当該年齢層の被検挙者の構成比/当該年齢層の人口割合)は,折線グラフで表示した.以下の結果が得られた.1)1950・60年には,20代のCスコアは,ほとんどの罪種において高率であった.2)1970年以降,10代のCスコアが特に傷害,窃盗で上昇し,90年以降は強盗のCスコアも上昇した.3)近年,中・高年齢層のCスコアが,殺人,強盗,傷害および窃盗で,わずかながら上昇している.
- Okabe,Takeshi / Harada,Yutaka 2006 A Study of Delinquent Careers in the 1986 Birth Cohort : An Analysis of Official Records of Police Contacts in Q Prefecture. No.31 pp.118-133.
- Language
- JPN
- Keywords
- delinquent careers / cumulative participation rates / escalation
非行経歴 / 累積実検挙者率 / 非行のエスカレーション - Abstract
- This paper examines delinquent careers in the 1986 birth cohort in Japan by analyzing the official records of police contacts with juveniles in Q Prefecture, which has a number of big cities. Records for members of the 1978 birth cohort in Q Prefecture are also used, in part, so that the two cohorts can be compared. The main findings are as follows: 1. The cumulative participation rates of police contacts with juveniles were estimated based on the prefectural population census. The estimate of the cumulative participation rates by age 16 is 10.1% for boys and 4.1% for girls, respectively. That estimate is not higher than the corresponding figures for the 1978 birth cohort for boys. For bicycle theft, the rate of the 1986 birth cohort is 4.7% for boys and 2.1% for girls, respectively. 2. The peak annual participation rate for the 1986 birth cohort is at age 15. 3. The mean number of arrests up to age 16 is 1.5 for boys and 1.3 for girls, respectively. The peak for repeat offenses is at age 15. 4. The recidivism rate (as to the same kind of charge) of all first time arrestees, whose follow-up period is 48 weeks, is 6.0% for boys. The recidivism rates are relatively higher for violent offenses and motorcycle theft. 5. The tendency to specialize in offense types on successive arrests is established for violent offenses, etc. The escalation in offense type is observed.
大都市を擁するQ県の非行記録を用いて,1986年生まれコホートの非行経歴の分析を行った結果,以下のような知見が得られた.(1)16歳時点の累積実検挙者率は,男子で10%,女子で4%であり,男子では78年コホートに比べて非行の裾野が広がっているとはいえないが,女子では非行の裾野が広がっていると思われる.罪種別にみると,自転車盗・占有離脱物横領の実検挙者数が多い.(2)年齢別の実検挙者数でみると,ピークは男女とも15歳である.(3)総検挙回数の平均は,男子が1.5回,女子が1.3回である.男女とも,繰り返しの回数がピークに達するのは15歳である.(4)初回の検挙から48週以内に再検拳されるのは,再犯時の罪種を考慮しない場合,20%弱,同一罪種での再検挙だと6%程度である.凶悪犯・租暴犯やオートバイ盗で再犯率が高い.(5)罪種の特化傾向は,凶悪犯・粗暴犯で男女ともに比較的高く,オートバイ盗は女子で高い.また,区悪犯・粗暴犯の全体に占める割合でみるかぎり,非行の回次が進むにつれて,個人内で非行の深化が起きていると推定される.
- Saito,Minoru 2006 Measures regarding Sex Crime in Finland : Revision of the Criminal Law and Treatment of Sex Offenders. No.31 pp.134-147.
- Language
- JPN
- Keywords
- Sex crime measures in Finland / revision of the criminal law / sex offender
フィンランドにおける性犯罪対策 / 刑法改正 / 性犯罪受刑者処遇 - Abstract
- Recently, there has been a rash of sex crimes against juvenile girls in Japan and it has developed into a serious social issue. This has led to increased debate concerning measures for combating sex crime. One of the most important issues in the sex crime debate is how to deal effectively with sex offenders and to prevent further offenses. In this regard, awareness of measures taken in foreign countries seems an indispensable element in the effective prevention of sex offenses in Japan. In this paper, measures taken against sex crime taken in Scandinavian countries, particularly in Finland, are introduced. Although Finland does not have a long history of sex crime, it is said that lately an active anti-sex crime policy in Finland produced a positive effect, to some degree, in reducing the number of sex crimes. In particular, amendment of the criminal law and the treatment of sex offenders are the two most important measures in Finland. In the following paper, Finnish measures are examined in detail to determine whether they can be introduced in Japan.
わが国において,幼女を狙った性犯罪が相次いで起こり,社会に深刻な問題を投げかけている.そのため,俄かに,性犯罪対策のあり方についての議論がなされているが,現在,議論の中心の1つは,いかに効果的な性犯罪者処遇を行い,再犯を防止するかという点にある.再犯防止のために,諸外国の性犯罪対策の状況を知ることは,わが国で効果的な性犯罪者対策をするために不可欠の要素であろう.本稿では,諸外国の中でも,今まであまり紹介されることのなかった,フィンランドの性犯罪対策について紹介していく.フィンランドにおける積極的な性犯罪対策の歴史は古くはないものの,近年一定の効果をあげているといわれる.フィンランドでは,具体的な性犯罪対策として,刑法改正と性犯罪者処遇を性犯罪対策の二本柱としている.そこで,本稿では,フィンランドの性犯罪対策を紹介し,これらのわが国の導入の可能性を検討した.
- Masaki,Yushi 2006 Statutory Reconsideration of Revised Juvenile Law and Juvenile Justice Study(Research Trends). No.31 pp.148-152.
- Language
- JPN
- Keywords
- Abstract
- Ishizuka,Shinichi 2006 Recent Trends on Capital Punishment : The Evidence-based Death Penalty Policy?(Research Trends). No.31 pp.153-158.
- Language
- JPN
- Keywords
- Abstract
- Tanioka,Ichiro 2007 Introduction(The Trend of Crime and Delinquency-Changes in Quantity and Quality in Contemporary Japan-). No.32 pp.4-7.
- Language
- JPN
- Keywords
- Abstract
- Hamai,Koichi 2007 Using Victim Surveys to measure the Crime Rate in Japan : Validity, Reliability and Low Response Rates(The Trend of Crime and Delinquency-Changes in Quantity and Quality in Contemporary Japan-). No.32 pp.8-26.
- Language
- JPN
- Keywords
- Crime Victimization Survey / Response Rate / Validity and Reliability
犯罪被害調査 / 回収率 / 妥当性・信頼性 - Abstract
- Japan has enjoyed a reputation for being one of the most crime-free economically advanced countries. However, since the late 1990s, in light of the constantly increasing crime rate and falling clearance rate in police statistics, it appears that the Japanese public has lost confidence in its safety, and in the effectiveness of the criminal justice system. A 2004 survey of public attitudes showed that 40% of the public believed that crime was getting worse compared to only 19% in 1998. The discourse regarding deteriorating safety in Japan has always been supported by official police crime statistics. However, it is important to ask whether these statistics paint an accurate picture of the crime situation in contemporary Japan? In other words, what do police crime statistics actually measure? Police crime statistics are based on the number of offences reported to, and recorded by, the police. This means that crime statistics can be influenced by changes in police policy. It also means that there is always an unknown factor of unreported, and unrecorded, crime. Therefore, many advanced countries like the USA and the UK have used another measurement of crime for many years, namely, the crime victimization survey. While Japan has not yet developed its own formal crime victimization survey, it has participated in International Crime Victim Surveys (ICVS) in 2000 and 2004 to measure crime victimization rates more accurately. There is, however, a new threat to obtaining responses to any type of social survey in Japan, due to the provisions of the new Law for the Protection of Private Information, which came into force in 2005. The Japanese public is now more cautious about disclosing personal data. The paper examines the validity and reliability of a victimization survey that produced relatively low response rates. The author conducted this victimization survey in 2006, with the support of the Japan Society for the Promotion of Science under the Grants-in-Aid program. A survey questionnaire, based on ICVS as well as the British Crime Survey instruments, was drafted and piloted in 2006, with a random national sample of 2,000. The overall response rate was 60.4%. However, the sample was divided into two groups and each group's responses were collected using different methods. For one group, face-to-face interviews were used, while for the other pick-up-and-leave questionnaires were employed. The response rate for the face-to-face interviews was 53.1%, but much higher at 67.7% for the pick-up-and-leave questionnaires. Overall, the author found that, in comparing the results of the 2006 survey with the ICVS in 2000 and 2004, victimization rates in Japan have been stable between 2000 and 2006.
近時,日本では,凶悪犯罪の増加など治安の悪化が大きな社会問題として取り上げられている.マスコミは,凶悪犯罪が起こるたびに,認知件数や検挙率といった警察統計を取り上げて危機感をつのらせる.しかし,認知件数は,犯罪指標の一つではあるが,警察に事件が届けられ,警察が犯罪として認知したものを計上した行政機関の受理統計であり,犯罪発生をそのまま反映したものではない.本稿では,最初に犯罪被害調査の特徴を概観した後に,筆者が平成16年度の科学研究費補助金(基盤研究B「治安・犯罪対策の科学的根拠となる犯罪統計(日本版犯罪被害調査)の開発」)の交付を受けて2006年に実施した犯罪被害調査の結果を報告する.まず,犯罪被害率について過去に行われたICVSの結果等とも比較し,犯罪被害調査から見た日本の犯罪情勢について報告し,さらに,犯罪被害調査の妥当性・信頼性を確認する意昧から,調査方法による回収率・回答パターンの変化,更には回収率が低下することによる調査結果への影響に焦点を当てた報告を行う.本犯罪被害調査では,調査対象者(サンプル)を二つのグループに分け,一つのグループについては,従来から日本の世論調査等でよく用いられている訪問面接方式によって調査を実施し,もう一つのグループについては訪問留置き方式によって調査を実施した.これは,近時,個人情報に対する国民の意識の高まり等によって,世論調査・社会調査の実施環境が著しく悪化し,調査の回答率が低下したことに加えて,調査実施に対する苦情も増大しつつある現実を踏まえ,調査方法による回収率等への影響を調べるためのものである.さらに,回収率の低下が調査の信頼性にどのような影響を与えるのかを検討するため,無回答者に対して,質問項目を絞った簡易質問紙を郵便で送付する追跡(二次)調査を実施し,その結果を訪問調査の結果と比較した.
- Harada,Yutaka 2007 A Trajectory Analysis of Residential Burglaries Known to the Police in the Central 23 Wards of Tokyo : An Examination with Semiparametric Mixed Poisson Models(The Trend of Crime and Delinquency-Changes in Quantity and Quality in Contemporary Japan-). No.32 pp.27-44.
- Language
- JPN
- Keywords
- geographic crime analysis / trajectory analysis / residential burglary
地理的犯罪分析 / 軌跡分析 / 空巣 - Abstract
- This study examines trajectories of the geographic distribution of residential burglaries in the central 23 Wards of Tokyo over 10-year period from 1996 to 2005, using semiparametric mixed Poisson models. The data consist of official records of criminal incidents of residential burglaries while residents were out ("AKISU") known to the Tokyo Metropolitan Police Department. These incident records were address-geocoded and mapped onto a digital map and then aggregated into a offense-count dataset by each of the 3,133 CHO-CHO-MOKUs. A SAS procedure for trajectory analysis, Proc Traj, was applied to this dataset, assuming Zero-Inflated Poisson distributions of the dependent variables and quadratic forms of the baseline trajectories. The main findings are as follows : 1. Sixteen groups of trajectories are identified, based on stepwise comparisons of model fitness using the BIC (Bayesian Information Criteria). 2. A majority of these 16 trajectory groups show reverse-U-shaped curves with peaks around the year 2001. However, a few trajectory groups show different shapes, such as slowly increasing or decreasing trajectories over the 1O-year period. 3. Three trajectory groups show particularly high peak levels of offending and strong reverse-U shapes of trajectories. It appears that these trajectories reflect the sharp increase and decrease of offenses with a new type of modus operandi called lock pickings, as well as the impact of crime prevention efforts that took place in these areas in response to the increasing. crime rates. 4. Two of the 16 trajectory groups show slowly increasing offense trajectories over the 10-year period. The CHO-CHO-MOKUs with these trajectories appear to be spatially clustered with one another. These results suggest that future offense trends in these areas should be monitored closely for possible emergence of high crime-risk areas.
本研究は,東京23区内で1996年から2005年までの10年間に発生した空巣の地理的分布の軌跡を,セミパラメトリックな混合ポアソンモデルによって検討するものである.データは,警視庁に認知された空巣の公式記録である.これらの事件記録はアドレスジオコーディングによってディジタル地図上にマッピングされ,ついで3.133の町丁目ごとの犯罪の計数データセットにまとめられた.SASの軌跡分析プロシジャであるProc Trajがこのデータセットに適用され,従属変数の確率分布としてはゼロ強調ポアソン分布が,軌跡の形状としては2次曲線が想定された.主たる知見は以下のとおりである.1.BIC (Bayesian Information Criteria)による逐次的なモデルの適合度の検討により,16の軌跡グループが検出される.2.これらの軌跡グループの多くは,2001年前後をピークとする逆U字型の形を示すが,一部に,10年間にわたる減少傾向や増加傾向を示す軌跡グループも見られる.3.軌跡グループのうち3つは,とくに高いピーク時の犯罪水準と強い逆U字形の軌跡形状を示す.これらの軌跡は,ピッキングと呼ばれる新たなタイプの手口の犯罪の急増・急減や,犯罪率の増加を受けて実施された犯罪防止の取り組みの影響を反映したものと思われる.4.16個の軌跡グループうち2つは,この10年間にわたって緩やかに上昇する犯罪の軌跡を示している.これらの軌跡を示す町丁目には,空間的に相互に近接する傾向が見られる.これらの結果は,今後,これらの地区から犯罪リスクの高い地区が出現する可能性があり,犯罪動向を注意深く見守るべきであることを示唆している.
- Okabe,Takeshi 2007 The Longitudinal Patterns of Offending among Japanese Boys : A Comparison of Two Birth Cohorts(The Trend of Crime and Delinquency-Changes in Quantity and Quality in Contemporary Japan-). No.32 pp.45-59.
- Language
- JPN
- Keywords
- delinquent careers / trajectory analysis of crime / age and crime
非行経歴 / 犯罪の軌跡分析 / 年齢と犯罪 - Abstract
- This paper examines the longitudinal patterns of offending among Japanese boys by analyzing the official records of police contacts with juveniles in Q Prefecture. Records for members of the 1978 and 1986 birth cohorts are used so that the two cohorts can be compared. Semi-parametric mixture Poisson regression modeling is used to identify distinctive groups of individual offending trajectories. The main findings are as follows : 1. Three offending trajectories are identified for both of the birth cohorts-no offenders, low-level offenders, and high level offenders. 2. The peak offending rate for the 1978 birth cohorts is at age 14. The rate for the 1986 birth cohorts is at age 15. 3. Compared to low-level offenders, high-level offenders have the first police contact earlier. They also have a higher possibility of committing violent offenses.
セミパラメトリック混合ポアソン回帰モデリングのアプローチを用いて,わが国の非行行動の縦断的パターンの様態について検討する.用いるデータはある都道府県の1978年と1986年の出生コホートの男子の非行記録である.分析の結果,主として次のような知見が得られた.(1)両コホートとも,年齢と犯罪との関係のパターンに基づき,典型的な3つの異なるグループ(非行なし群,低レベル非行群,高レベル非行群)が析出された.(2)非行の発生がピークに達する年齢は,1978年コホートでは14歳,1986年コホートでは15歳である.(3)高レベル非行群は低レベル非行群と比べて,非行の開始年齢が早く,粗暴性の高い非行を犯す潜在的可能性が高い.
- Takahashi,Masahito 2007 The Gray Scale of 'Bad' : An Introduction to the Classification Approach to Moral Socialization(The Trend of Crime and Delinquency-Changes in Quantity and Quality in Contemporary Japan-). No.32 pp.60-75.
- Language
- JPN
- Keywords
- Moral Socialization / Classification Approach / Gray Scale of 'Bad'
道徳的社会化 / 類縁化アプローチ / <悪>のグレースケール - Abstract
- Adolescents often show non-conformity to some norms in a questionnaire survey. However, this phenomenon does not mean moral regression or a crisis in education; it merely reflects their advanced competence at classification norms. Adolescents can emphasize and express their classification and order of norms with a 'high intense gray scale.' In this paper, we introduce the classification approach to moral socialization. The classification approach focuses on the human act of continually classifying norms, which is originally based on L. Kohlberg's cognitive developmental approach and A. L. Strauss's symbolic interactionism. Moral socialization during adolescence is a process of reorganization of morality from prohibitions passively learned in childhood to norms classified and ordered actively through growing social experience. A longitudinal analysis of the concept of delinquency as expressed by adolescents in Yamaguchi Prefecture (1992-2004) clearly shows the steps of classification and elaboration of norm modules. The naive dualism of delinquency has been gradually replaced by a complex of six norm modules. Adolescents classified norms of 1) consumption and love, 2) sexuality, 3) discipline, 4) smoking and drinking, and, 5) cheating and shoplifting, and distinguished them from 6) 'true delinquency' consisting of beating up others, blackmailing, using drugs, and illegal prostitution. These steps of classification and elaboration could be rank-ordered on a Guttman one-dimensional scale (coefficient of reproducibility=.96). Further analysis showed the historical changes in classification norm modules. The norm modules of smoking and sexuality were dissolved, and a new module of unsanitary, including smoking and using drugs, was generated.
中学から高校,大学へと進むにつれ,日本の青少年は,一部の周縁的な規範に対して否定的反応を示すようになる.しかしそれは,規範意識の<低下>傾向を意味するのではない.むしろこの現象は,規範を分類するまなざしが高次化することで生じている.このことを明らかにするために,本稿では,規範どうしの類縁性やその精緻化プロセスに焦点を当てて道徳的社会化を捉える「類縁化アプローチ」を提唱したい.青少年の道徳的社会化とは,社会的経験が広がるなかで,幼児期以来の様々な禁止の意味を問い,自分の手で規範として分類し直すことで,道徳意識を再組織化するプロセスである.この類縁化アプローチにもとついて,山口県青少年調査(1992〜2004年)の非行観データを再分析したところ,対象者の非行観が,単純な善悪二元論(白黒2値)から,6つの規範モジュールの複合(6階調のグレースケール)へと高次化していくことが確認された.ヤンキー型規範を基準とした場合,最初に消費恋愛型や性規範型のモジュールが分化し,次に生活規律型が分化し,さらにタバコ型が分化し,最後にズル型が分化していた.他方,1990年代以降の時代的変容をみると,タバコ型と性規範型の類縁性が溶解し,喫煙や飲酒は,不健康型へとその意味を変質させていた.
- Tanioka,Ichiro 2007 Guideline for Measuring Quality and Quantity of Crime & Delinquency : The Necessity of "Sentencing Guideline" for the New Jury-System in Japan(The Trend of Crime and Delinquency-Changes in Quantity and Quality in Contemporary Japan-). No.32 pp.76-86.
- Language
- JPN
- Keywords
- severity of crime / sentencing guideline / certainty of punishment
厳罰化 / 量刑相場 / 刑罰の確実性 - Abstract
- By 2010, new Jury-System will start in Japan; similar system to the one in the US. By now, the decisions (severities) of punishment level were to be decided by professional judges. And the decisions are adjusted by the professional touch of prescription, which may be based on unwritten factors such as "admitting the act, " regretting, " "living environment, " etc, and their weight. A concrete and objective criteria or guideline for measuring the severity of crimes, therefore, is necessary for juries in the near future who would be non-professional in crime and punishment. In Japan, it has taken place certain change/adjustment of justice system recently, especially toward increasing severity, or so to speak toward "tough on crime". Several new crimes were defined and the highest punishments for certain crimes were heightened. Yet, as many scholars argue, "certainty" of punishment may lead people to refrain from crimes rather than just increasing (or grade up) the punishment. This paper also argues what should be the meaning of "tough on crime" along with the purpose of justice system and penological point of view. Japanese Penal Code was made in early Meiji era. Many unexpected conducts are to be defined as crime since then. The Penal Code became somewhat outdated and can not responding well to many anti-social behaviors; at least people feel that way. It should be the time to discuss justice system over all, the author believes. Hoping this note will be the start point of further reforms of justice system in Japan.
2010年には新しい裁判員制度-アメリカの陪審制に類似のもの-が日本でスタートするようである.現在までのところ,刑罰の決定(量刑)は専門の裁判官によってなされており,その決定は専門家による「さじかげん」をもとにしている.たとえば「罪を認めている」,「反省」,「生い立ち」などの明文化されていない要素や,その重みづけによるさじかげんである.従って犯罪や刑罰にそれほど詳しくない裁判員による新制度がスタートしたとき,具体的かつ客観的な量刑の評価基準,もしくはガイドラインが必要となるだろう.日本では近年,司法システムに若干の変更や改変がなされた.特に厳罰化の方向,つまり刑を重くする方向である.新しい犯罪類型が定義され,いくつかの犯罪において,最高刑が引き上げられもした.ただしこの厳罰化については,単に最高刑を引き上げるより,刑罰の「確実性」を増やす方が効果的ではないかとする議論がある.本稿でも司法制度および刑罰論の観点から,厳罰化の意味を考える.日本の刑法は明治時代初期に作られた.以来,当時には予想しえなかった多くの行為類型が犯罪と定義されてきた.しかし刑法典も時代によるほころびが見え,現代風の反社会的行為に対応しきれていないのではないか.少なくとも大衆の感覚ではそうである.司法制度全般を議論すべき時期が来ているように思う.本稿がその端緒となればこれにまさる幸せはない.
- YUMA,Yoshikazu Suzuki,Nodoka 2007 The Effect of Unemployment on the Re-incarceration of Japanese Prisoners : Testing Canter and Land's Theory with Pooled Time-Series Analysis. No.32 pp.88-103.
- Language
- JPN
- Keywords
- Re-incarceration Rate / Unemployment Rate / Pooled Time-Series Analysis
再入率 / 失業率 / pooled time-series analysis - Abstract
- In this paper, we examined the effect of unemployment rates on re-incarceration rates of prisoners, based on Canter and Land's (1985) theory distinguishing between opportunity and motivation effects. We used pooled time-series analyses with the data of re-incarceration rates of Japanese prisoners released from 1960 to 2004. After controlling cohort and year effects, we found that, for non-parolees, unemployment rates had a significant and decreasing-opportunity-effect on re-incarceration rates and that the first difference of unemployment rates had a significant and increasing-motivation-effect. These were consistent with the theory. However, we found no significant effects for parolees.
本研究では,CanterとLand(1985)の理論に基づいて,失業率の犯罪動機効果と犯罪機会効果を区別し,刑務所出所者の再入率に対する失業率の影響を検証した.具体的には,1960年から2004年までの間に日本の刑務所を出所した者の再入率のデータを用いて,pooled time-series analysesにより分析を行った.その結果,出所コホート及び時代の効果を統制しても,満期出所者については,失業率は,再入を減少させる有意な効果-犯罪機会効果-があり,失業率の1階の差分(前年からの変化)は,再入を増加させる有意な効果-犯罪動機効果-があることが分かった.これは,CanterとLand(1985)の理論と一致している.しかし,仮釈放者については,どちらの変数についても有意な差を見いだせなかった.
- Akahane,Yukio 2007 Medicalization and Punishment of Juvenile Delinquency : Re-considering "Children and Medicalization". No.32 pp.104-118.
- Language
- JPN
- Keywords
- children and medicalization / punishment / "the fourth wave" of juvenile delinquency after the World War II
子供と医療化 / 厳罰化 / 少年非行の戦後「第四の波」 - Abstract
- Theories of juvenile delinquency, which is said to be "the fourth wave" of juvenile delinquency in the post-war era, have been increasing in the fields of psychology and psychiatry. The general tendency is to interpret juvenile delinquency in medical terms. According to the "medicalization theory" of deviant behavior by Conrad and Schneider (1992=2003), medicalization is in conflict with the punishment theory. Both medical treatment and punishment theories co-exist as counter-measures to juvenile delinquency. Thus, the purpose of this study is to examine why these two approaches co-exist from the standpoint and approach of social constructionism. First, the author modifies the premise of medicalization theory regarding the deviant behavior of children by re-considering the medicalization theory of Conrad and Schneider. Second, the author analyzes the process of medicalization in "the fourth wave" of juvenile delinquency, and presents the view of juvenile delinquency behind medicalization. Finally, the author considers the relationship between medicalization and punishment, and illustrates why the co-existence of medicalization and punishment approaches occurs.
現在,「第四の波」を迎えたとされる少年非行では,非行の心理学的・精神医学的な解釈が目立つようになり医療化の傾向にある一方で,少年非行短策は厳罰化の傾向にある.コンラッドとシュナイダー(1992=2003)の逸脱の医療化論によれば,医療化と厳罰化とは対抗的な流れであるはずだが,現在の状況では医療化と厳罰化が対抗することなく同時進行しているのである.そこで本稿では,コンラッドとシュナイダーの医療化論を再検討した上で,少年非行の医療化の過程を社会構築主義の視座から分析することで,どのようにして医療化と厳罰化の同時進行が生じているのかを明らかにする.そのため,本稿では次の手順で論を進めていく.(1)コンラッドとシュナイダーの医療化論を再検討し,少年非行だけでなく子供の逸脱行為全般おける医療化論の理論的前提の修正を行う.(2)「第四の波」の少年非行における医療化の過程を分析し,医療化の背景にある少年非行観を明らかにする.(3)医療化と厳罰化との関係を検証し,どのようにして両傾向の同時進行が可能となっているのかを明らかにする.
- Yamamoto,Nao 2007 The Utopia of 'Safety' and 'Security' : The Case of Regulatory Policy in the Kyoto City. No.32 pp.120-133.
- Language
- JPN
- Keywords
- Broken Windows Theory / Governmentality / Gion Kiyamachi Special Police Squad
割れ窓理論 / 統治性 / 祇園・木屋町特別警察隊 - Abstract
- Up until now, G. Kelling's "Broken Windows Theory" has exerted a constant influence on law enforcement measures in Japan and abroad, but the pros and cons of the book's strongly communitarian aspects have become the subject of many debates. However it can be said that in the area of policy making and in the mass media "Broken Windows Theory" has been positively received as a cure for the "deterioration of public safety, " despite these debates. This study looks of the Gion/Kiyamachi Special Police Squad experiment in Kyoto as an example of a regulatory policy based on "Broken Windows Theory" and by the addition of qualitative analysis examine the problem of what standpoint "disorder" is defined from as designated in the squad's undertakings. The first aim of this survey is to ascertain the position of the constituents demanding "safety and security" in the Kyoto undertaking, and determine what constitutes "disorders" that are being held up for special attention. Secondly, it aims to determine how the bartenders and other people working in the neighborhood perceive this law enforcement measure. By considering these two points, the theoretical problems of "Broken Windows Theory" will be presented.
G・ケリングらの「割れ窓理論」は,これまで国内外の警察政策に対し一定の影響力を発揮してきたが,そこに見られるコミュニタリアン的色彩の強さから,賛否を巡る多くの議論の的ともなってきた.しかし,そうした議論とは裏腹に,政策決定の現場やマスメディアにおいては,ほとんどの場合,「治安の悪化」に対する特効薬として肯定的に評価されてきたと言ってよい.本稿では,「割れ窓理論」に基づく取締り政策の事例として,京都市における「祇園・木屋町特別警察隊」の試みを取り上げ,質的な分析を加えることによって,ここでの取り組みが指示する「無秩序」がどのような立場から定められているのかを問題とする.この調査が照準するところは,(1)京都市の取り組みで,「安全・安心」を希求する主体はどの位概に在るのか,そして何が「無秩序」として分割線の外部に引き出されているのか.(2)バーテンダーなど街で働く人々は,この警察政策をどのように捉えているか,の二点であり,これらの考察を通して,「割れ窓理論」が持つ理論的な問題点を描写する.
- Ueda,Mitsuaki 2007 On the Recent Theoretical Development and Debate regarding Control Theory in Criminology. No.32 pp.134-145.
- Language
- JPN
- Keywords
- Control Theory / Self-Control / Social Bond
コントロール理論 / セルフコントロール(SC) / ボンド(社会的絆) - Abstract
- Gottfredson and Hirschi's general theory of crime (Gottfredson and Hirschi 1990), known as self-control (SC) theory, has generated an impressive amount of theoretical and empirical research since its publication and has received a great deal of in the field of criminology. The theory is composed of four basic assumptions. First, SC is a major factor in various deviant acts, including criminal acts (core assumption). Second, the relationship is invariable across race, gender and culture (invariance assumption). Third, the level of SC is determined in early childhood by discipline in family or school settings (creation assumption). Fourth, it is stable over the life course (stability assumption). Recent studies on control theory have been conducted on these four basic assumptions, and the theory has generated debate as well as many empirical studies. This article overviews the theoretical development and related debate and explores the solution of the problems that may occur in the related empirical studies.
最近の犯罪学において注目を集めている主張の一つにゴットフレッドソンとハーシによる『犯罪に関する一般理論』(General Theory of Crime)がある.セルフコントロール(SC)という個人的要因をキー概念とするこの理論は,犯罪学におけるコントロール理論の最新の主張として位催づけられ,SCの程度が様々な逸脱行為の発生に関与するという主張,その関係性は人種・性別・文化を超えて適用されるという主張,SCの程度は家庭や学校などのしつけによって幼少期に決定されるという主張,その稚度は一生にわたって不変であるという主張の四つから構成されている.コントロール理論の最近の展開はこれらの主張に沿って行われており,多くの実証研究と同時に様々な論争を今まで生み出してきた.そこで,本稿は,犯罪学におけるコントロール理論のこのような展開を概観・検討することによって,コントロール理論の主張を実証的に解明する研究を行うにあたっての論点を整理し,今後の研究の方向性を明らかにすることをその目的とする.
- Sarnecki,Jerzy Tsutomi,Hiroshi 2007 Stockholm Prize in Criminology(Research Trends). No.32 pp.146-150.
- Language
- JPN
- Keywords
- Abstract
- Ayukawa,Jun 2007 Recent Trends in the Study of Juvenile Delinquency(Research Trends). No.32 pp.151-157.
- Language
- JPN
- Keywords
- Abstract
|