Myths of restorative features in the Japanese justice system and society: the role of apology, compensation and confession, and application of reintegrative shaming

Abstract

Restorative justice (RJ) has experienced rapid growth. Along with its development, myths about RJ have emerged. Although several scholars have challenged these, two myths about restorative features in the Japanese justice system and society -(1) the role of apology, compensation and confession; and (2) the application of reintegrative shaming -arguably remain pervasive. In this paper, we aim to advance a critical analysis of these two ostensibly restorative features of the Japanese justice system and society. We argue that the reality may be more nuanced. We conclude by analysing why these myths have emerged and what functions they have performed.

Future of Youth Justice in Japan

“…These revisions have already been discussed elsewhere (e.g. see Ellis and Kyo, 2017; Suzuki and Otani, 2017), and these past revisions are not the main focus of this article. Therefore, we briefly review the history of reforms in youth justice in Japan.…”

“…Inconsistent with the aim of the Juvenile Law – to protect juveniles – young offenders, particularly those who commit a serious crime, now receive more severe punishments. As Suzuki and Otani (2017) noted, ‘the notion of parens patriae , long maintained in the Japanese youth justice, seems to be declining’ (p. 168).…”