Juvenile Justice in Japan: How Does the System Address Cases Involving Minors, and What is the Role of Legal Counsel?

Juvenile justice systems worldwide grapple with the delicate balance between holding young people accountable for their actions and fostering their rehabilitation and healthy development. Japan's approach, rooted in its Juvenile Act (少年法 - Shōnen Hō), places a strong emphasis on the latter, prioritizing the "sound upbringing" of minors over purely punitive measures. For those encountering this system, whether as legal professionals, concerned family members, or observers of international legal practices, understanding its unique philosophy, procedures, and the crucial role of legal counsel is essential.

I. Foundational Philosophy of the Japanese Juvenile Justice System

The Japanese juvenile justice system operates under a distinct philosophy that sets it apart from the adult criminal justice process.

A. The Juvenile Act (少年法 - Shōnen Hō) and its Objectives

The primary objective of the Juvenile Act is to ensure the "sound upbringing" (健全育成 - kenzen ikusei) of juveniles. [cite: 287] This means not just addressing the delinquent act itself, but also fostering the juvenile's character correction and environmental adjustments to facilitate their healthy growth and reintegration into society as responsible individuals. [cite: 287] The system aims to understand the underlying causes of delinquency and provide educational and protective measures rather than focusing solely on punishment. [cite: 287] While juveniles are recognized as individuals with rights, the law also acknowledges their developmental stage and particular need for support. [cite: 286]

B. Understanding the Juvenile

The system operates on the understanding that juveniles possess significant potential for change and rehabilitation (可塑性 - kasōsei or plasticity). [cite: 287] It recognizes that many young people who engage in delinquent behavior may themselves have been victims of adverse circumstances, such as abuse, bullying, or neglect, which can contribute to their actions. [cite: 287] Therefore, a key aspect of the juvenile justice process is to investigate and address these environmental factors and underlying personal issues. [cite: 287]

II. Categories of Cases Handled by the Juvenile System

The Juvenile Act (Article 3) defines three main categories of minors who come under the jurisdiction of the Family Court system: [cite: 288]

1. Juvenile Offenders (犯罪少年 - Hanzai Shōnen): These are individuals aged 14 up to (but not including) 20 years old who have committed a criminal offense as defined by adult criminal statutes. [cite: 288] (It is important to note that while the age of majority in Japan was lowered from 20 to 18 in April 2022 for many civil matters, the Juvenile Act continues to apply to those under 20, although specific provisions and procedures have been modified for 18 and 19-year-olds, who are now termed "specified juveniles" - 特定少年 tokutei shōnen.)
2. Law-Breaking Children (触法少年 - Shokuhō Shōnen): These are children under 14 years of age who have committed an act that would be a crime if committed by an adult. [cite: 288] As they are below the age of criminal responsibility, they are not subject to criminal punishment. Instead, their cases are typically handled by child guidance centers (児童相談所 - jidō sōdansho) or, in some instances, referred to the Family Court for protective measures.
3. Status Offenders / Pre-Delinquents (虞犯少年 - Guhan Shōnen): These are juveniles under 20 (or under 18 for certain status offenses post-2022 reforms) who are deemed to be at risk of committing offenses in the future due to certain behaviors or environmental factors. [cite: 288] Such behaviors include habitually disobeying the reasonable supervision of a guardian, running away from home without justifiable reason, associating with persons of criminal propensity, or frequenting places of dubious moral character. [cite: 288]

III. Procedural Flow for Juvenile Offenders (Focus on Hanzai Shōnen)

The majority of cases involving legal counsel concern hanzai shōnen. The procedure for these cases typically involves an investigation stage followed by Family Court proceedings.

A. Investigation Stage (捜査段階 - Sōsa Dankai)

1. Police and Prosecutor Involvement: Juvenile offenders are subject to investigation by the police and, subsequently, by public prosecutors, much like adult suspects. [cite: 290] However, regulations such as the "Juvenile Police Activity Rules" (少年警察活動規則 - Shōnen Keisatsu Katsudō Kisoku) stipulate that special consideration should be given to their age and developmental stage during investigations. [cite: 290]
2. Role of Defense Counsel (弁護人 - Bengonin):
   • Early Legal Representation: Securing legal counsel at the earliest possible point is crucial. This may be through a privately retained lawyer or, if the juvenile is arrested, through the duty lawyer system (当番弁護士制度 - tōban bengoshi seido), which provides one free initial meeting. For more serious offenses and if the juvenile meets indigency criteria, court-appointed counsel for suspects (被疑者国選弁護制度 - higisha kokusen bengo seido) is available.
   • Key Activities:
     • Prompt Meetings (接見 - sekken): Counsel will meet with the juvenile frequently to provide advice, gather information, and build a relationship of trust. [cite: 290] This is especially important as juveniles may be vulnerable during interrogations or distrustful of adults. [cite: 290]
     • Advising on Rights: Counsel explains the juvenile's rights, including the right to remain silent, the right to counsel, and the nature of the legal process, in an age-appropriate manner. [cite: 290]
     • Addressing External Factors: The lawyer will often engage with the juvenile's family, school, and, if applicable, employer to understand the juvenile's background and to coordinate support for their rehabilitation. [cite: 291]
     • Victim Outreach: Where appropriate, counsel may assist the juvenile in offering an apology and making restitution to any victims, which can be important for both the victim's recovery and the juvenile's understanding of the consequences of their actions. [cite: 292]
     • Challenging Detention: If the juvenile is detained, counsel will scrutinize the necessity and legality of the detention. [cite: 292] International standards like the UN Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules) and the Convention on the Rights of the Child emphasize that detention of a juvenile should be a measure of last resort and for the shortest possible appropriate period. [cite: 292] Counsel may argue against pre-indictment detention, seek less restrictive alternatives (such as supervised care), or request that detention occur in a juvenile classification home rather than a police detention cell. [cite: 292]

B. Family Court Stage (家庭裁判所段階 - Katei Saibansho Dankai)

1. Referral to Family Court (家庭裁判所送致 - Katei Saibansho Sōchi): Following the investigation, all cases involving juvenile offenders are, in principle, referred by the public prosecutor to the Family Court. [cite: 290] The Family Court then has jurisdiction to determine the most appropriate measures.
2. Role of the Attendant (付添人 - Tsukisoinin): In Family Court proceedings, the juvenile's legal representative is called an "attendant" (tsukisoinin). Often, the lawyer who acted as defense counsel during the investigation stage will continue in this role. The attendant's role is multifaceted, encompassing legal advocacy, support for the juvenile, and collaboration in their rehabilitation plan.
3. Juvenile Classification Home (少年鑑別所 - Shōnen Kanbetsusho):
   • The Family Court may order the juvenile to be detained in a Juvenile Classification Home for a period (typically up to four weeks, with a possibility of one renewal for certain cases, making it a maximum of eight weeks in specific circumstances) for observation (this is called 観護措置 - kango sochi). [cite: 293] This is not a punitive measure but is intended to allow experts (鑑別技官 - kanbetsu gikan) at the home to assess the juvenile's personality, social environment, and other factors relevant to their conduct and to recommend appropriate protective measures. [cite: 294]
   • The attendant can argue against the necessity of such detention and, if ordered, will meet with the juvenile in the classification home to help them understand the process and prepare for the court hearings. [cite: 293]
4. Family Court Investigation (家庭裁判所調査官 - Katei Saibansho Chōsakan):
   • The Family Court Judge will order a Family Court Investigator (a specialist in social work, psychology, or education) to conduct a social inquiry into the juvenile's background. [cite: 294] This involves interviewing the juvenile, their parents/guardians, teachers, and others to gather information about their upbringing, family dynamics, school performance, and social environment.
   • The investigator submits a report to the judge with a recommendation for the juvenile's disposition. [cite: 294]
   • The attendant plays a crucial role in liaising with the investigator, providing relevant information, presenting arguments concerning the juvenile's "need for protection" (要保護性 - yō hogo sei – a key concept assessing the risk of re-offense and the necessity of intervention), and advocating for a disposition that aligns with the juvenile's best interests and rehabilitative needs. [cite: 294]
5. Hearings (審判 - Shinpan):
   • Family Court hearings for juveniles are closed to the public and are generally conducted in a less formal atmosphere than adult criminal trials. [cite: 295] The primary aim is to understand the juvenile and determine the best course for their rehabilitation.
   • The judge will directly question the juvenile, their parents/guardians, and the attendant. [cite: 295] The attendant has the opportunity to make statements, present evidence, and question the juvenile and other involved parties. [cite: 295]
   • If the facts of the alleged offense are disputed, the court will conduct a fact-finding hearing, which may involve the examination of witnesses. [cite: 295] The standard of proof required for fact-finding in juvenile cases that could lead to significant restrictions of liberty is high, akin to "beyond a reasonable doubt."

IV. Dispositions by the Family Court (保護処分 - Hogo Shobun and other measures)

Based on the investigation and hearing, the Family Court will decide on the most appropriate disposition. The focus is on education, protection, and rehabilitation.

A. Protective Measures (Hogo Shobun) [cite: 289]

These are the primary dispositions aimed at rehabilitation:

1. Probation (保護観察 - Hogo Kansatsu): The juvenile is allowed to live in the community under the supervision and guidance of a probation officer and volunteer probation officers. [cite: 289] Regular meetings and adherence to a probation plan are required.
2. Commitment to a Child Self-Reliance Support Facility or Foster Home (児童自立支援施設・児童養護施設送致 - Jidō Jiritsu Shien Shisetsu / Jidō Yōgo Shisetsu Sōchi): For juveniles who require a more structured living environment and support than can be provided at home, typically due to inadequate parental care or a detrimental home environment. [cite: 289]
3. Commitment to a Juvenile Training School (少年院送致 - Shōnen'in Sōchi): This is a more intensive residential disposition involving correctional education and vocational training in a secure facility. [cite: 289] There are different types of juvenile training schools tailored to the age, delinquent tendencies, and specific needs (e.g., mental or physical disabilities) of the juveniles (e.g., Type 1 for general offenders, Type 2 for those with advanced criminal tendencies, Type 3 for those with significant disabilities). [cite: 289] While intended for rehabilitation, committal to a training school is a significant deprivation of liberty.

B. Trial Observation (試験観察 - Shiken Kansatsu)

The court may defer a final disposition and place the juvenile under "trial observation" (shiken kansatsu) for a specified period (e.g., several months). [cite: 289] During this time, a Family Court Investigator monitors the juvenile's conduct and progress, often with specific conditions attached, such as attending school regularly, participating in counseling, or residing with a suitable relative or at a designated facility. [cite: 289] If the juvenile demonstrates positive change during this period, a less restrictive final disposition, such as probation or dismissal, is likely. [cite: 289]

C. Dismissal (不処分 - Fushobun)

The court may dismiss the case without imposing any protective measures, either because the alleged offense was not sufficiently proven, or because, even if the offense occurred, the court finds that no special protective measures are necessary for the juvenile's rehabilitation (e.g., if the offense was minor, the juvenile has shown significant remorse and made amends, and has a supportive environment). [cite: 290] This can occur either without a hearing or after a hearing.

D. Referral to Public Prosecutor for Criminal Prosecution (逆送 - Gyakusō)

In certain serious cases, the Family Court may determine that criminal prosecution as an adult is more appropriate than protective measures under the Juvenile Act. [cite: 290]

• This typically applies to juveniles aged 16 or older who have committed offenses punishable by death, or life imprisonment, or imprisonment for a definite term. For certain grave offenses (e.g., intentional homicide), referral is the presumptive course for those 16 and older.
• "Specified Juveniles" (特定少年 - Tokutei Shōnen): Amendments to the Juvenile Act, effective April 2022, created a new category of "specified juveniles" for 18 and 19-year-olds. For these individuals, the principle of referral to a public prosecutor for criminal prosecution has been significantly expanded, making it the default for offenses punishable by a minimum of one year of imprisonment, effectively treating them more like adults for a wider range of crimes. While they are still technically under the Juvenile Act for some purposes, many of the traditional protections afforded to younger juveniles are modified or do not apply to them in the same way, including the types of protective measures available and rules regarding media reporting.
• If a case is referred back (gyakusō) to the public prosecutor, the juvenile will be prosecuted in criminal court under largely the same procedures as an adult. [cite: 296] However, even in such cases, the Juvenile Act's philosophy of considering the offender's background and potential for rehabilitation should still inform sentencing decisions. [cite: 296] Certain procedural considerations, such as efforts to conduct trials with due regard for the juvenile's age, may also apply. [cite: 296]

V. The Role of Legal Counsel: Defense Counsel and Attendant

Legal counsel plays a pivotal role throughout the juvenile justice process.

• Ensuring Due Process and Protecting Rights: This includes explaining the juvenile's rights in an understandable way, ensuring they are not subjected to coercive interrogation, challenging unlawful detention or procedures, and advocating for fair hearings. [cite: 288]
• Fact-Finding and Advocacy: Counsel investigates the facts of the alleged offense, presents the juvenile's version of events, challenges the prosecution's evidence where appropriate, and makes legal arguments on behalf of the juvenile.
• Focusing on Rehabilitation: A key aspect of the attendant's role in Family Court is to develop and advocate for a concrete plan for the juvenile's rehabilitation. This involves working with the juvenile, their family, school officials, and social service agencies to create a supportive environment and address the root causes of the delinquent behavior.
• Navigating the System: Counsel guides the juvenile and their family through the often bewildering procedures involving police, prosecutors, Family Court judges, Family Court investigators, and juvenile classification homes.
• Building Trust: Establishing a trusting relationship with the juvenile is fundamental. [cite: 290] Many juveniles involved in the system may be wary of adults or authority figures. An effective attendant listens empathetically, validates the juvenile's experiences (where appropriate), and empowers them to participate in their own defense and rehabilitation. [cite: 290]

VI. Special Considerations: Juveniles with Disabilities

There is increasing recognition of the intersection between disabilities, particularly developmental disorders such as ADHD or Autism Spectrum Disorder, and juvenile delinquency.

• It is generally understood that the disability itself does not directly cause delinquent behavior. Instead, challenges associated with the disability, such as difficulties in social interaction, impulsivity, or learning problems, coupled with inadequate societal understanding, discrimination, or lack of appropriate support services, can lead to frustration, low self-esteem, and ultimately, an increased risk of engaging in delinquent acts. [cite: 297]
• When representing a juvenile with a known or suspected disability, it is crucial for legal counsel to ensure that this aspect is properly understood by all involved parties (investigators, judges, classification home staff). The focus should be on securing appropriate assessments and advocating for dispositions and support plans that address the juvenile's specific needs, rather than merely focusing on the delinquent behavior in isolation. [cite: 297] The term "disability (or suspected disability)" should be used responsibly, primarily as an indicator of the need for tailored social and educational support. [cite: 297]

VII. Recent Reforms and Current Issues

As mentioned, significant amendments to the Juvenile Act concerning 18 and 19-year-olds ("specified juveniles") came into effect in April 2022. These reforms have led to more of these older juveniles being tried in adult criminal courts, particularly for a broader range of offenses. There are also changes regarding media reporting on cases involving specified juveniles. These changes reflect an ongoing societal debate in Japan about the appropriate balance between protecting young offenders and holding them accountable, especially those nearing the age of majority. The long-term impact of these reforms on rehabilitation rates and public safety continues to be a subject of discussion and observation.

Conclusion

Japan's juvenile justice system is fundamentally oriented towards the sound upbringing and rehabilitation of minors, employing a distinct set of philosophies, procedures, and dispositions that differ markedly from the adult criminal justice system. It strives to address not only the act of delinquency but also the underlying individual and environmental factors that may have contributed to it. The role of legal counsel, as both a defense lawyer during investigations and an attendant in Family Court, is multifaceted. It involves not only vigorous legal advocacy to protect the juvenile's rights but also a deep commitment to understanding their circumstances and collaborating in the development of a path toward positive change and successful reintegration into society. For anyone interacting with this system, appreciating its protective and rehabilitative ethos is key.