Satoshi Tomiyama, Director-General of the Japanese Correction Bureau

Lawson, Carol

doi:10.4324/9780429295065-8

Trends in Corrections 2019

DOI: 10.4324/9780429295065-8

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Satoshi Tomiyama, Director-General of the Japanese Correction Bureau

Carol Lawson¹

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“…The rise of 'penal populism' and vocal victim-support groups has dampened tolerance for expenditure to improve conditions for inmates and staff (Miyazawa, 2008). Prisons have often had to shoulder caring for ageing inmates from existing budgets, already lean (Lawson, 2020).…”

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Subverting the prison: the incarceration of stigmatised older Japanese

Lawson¹

2021

International Journal of Law in Context

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This paper examines the presence of lonely, isolated and impoverished older citizens in Japan's prison population, many of whom have turned to petty crime only recently and arguably lack a genuine need for corrective services. The paper offers empirical evidence drawn from a mixed-methods study that appears to confirm their compliant, ‘law-abiding’ attributes. It argues that their influx into prisons can be seen, at least in part, as citizens who are already socially excluded and stigmatised leveraging law to assert an additional risk-laden and stigmatised identity, which provides protection. The outcome is the subversion of prisons as de facto aged-care communities. This analysis resonates with an emerging body of literature that Chua and Engel (2018; 2019) have described as the ‘Identity’ school of legal-consciousness scholarship. This literature centres on empirical studies of marginalised cohorts who leverage legal structures to embrace an identity that complicates their stigma while providing desired protections.

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Subverting the prison: the incarceration of stigmatised older Japanese

Lawson¹

2021

International Journal of Law in Context

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Lay Participation in Japanese Criminal Justice: Prosecution Review Commissions, the Lay-Judge System, and Penal Institution Visiting Committees

Steele

Lawson²,

Hirayama

et al. 2020

AsianJLS

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This article highlights reliance on lay participation as a mechanism for solving perceived problems in Japanese criminal justice by examining three reforms aimed at increasing lay participation in Japanese criminal justice: the mandatory prosecution power given to Prosecution Review Commissions, the saiban’in seido (lay-judge system), and Penal Institution Visiting Committees. The article argues that lay participation plays an important role in legitimizing aspects of the current system. Despite the Nagoya Prison Scandal in 2002–03, Japan’s extraordinary achievements in order inside prisons have been maintained and citizens are comforted that the system has oversight by Visiting Committees. Although PRCs and saiban’in seido represent a more open approach to eligibility and selection than Visiting Committees, they too help to legitimize existing structures. The article concludes by considering challenges to the continued reliance on lay participation in Japan including reform fatigue, the demographic crisis, the impact of geography, and technological developments.

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Satoshi Tomiyama, Director-General of the Japanese Correction Bureau

Cited by 2 publications

References 0 publications

Subverting the prison: the incarceration of stigmatised older Japanese

Subverting the prison: the incarceration of stigmatised older Japanese

Lay Participation in Japanese Criminal Justice: Prosecution Review Commissions, the Lay-Judge System, and Penal Institution Visiting Committees

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