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Tentative Probation in the Family Court

NCJ Number
75084
Author(s)
K Hattori
Date Published
1979
Length
12 pages
Annotation
Japanese family courts and the disposition of delinquency cases are discussed, with special emphasis on the disposition of tentative probation.
Abstract
These courts were established in 1949 to handle both family affairs and juvenile delinquency cases. At present, 50 courts with 242 branches conduct private, informal proceedings in accordance with Japanese juvenile law and the Law for the Determination of Family Affairs. Juvenile law aims to bring about the wholesome rearing of juveniles while providing protective treatment for the reform of their characters and environment. Family law is intended to establish family peace and to maintain a wholesome cooperation among relatives, based upon individual dignity and the sexual equality. Delinquent juveniles under 20 years of age and adults who have injured the welfare of juveniles appear before the courts. When cases are filed, probation officers conduct inquiries into the social, psychological, and family backgrounds and present opinions and recommendations to judges. The juveniles may be placed in detention homes during the inquiry period. The judges decide if a hearing is needed, which may result in the following dispositions: the setting of conditions, the release of the juvenile to a custodian under specified conditions, commitment to an institution, agency, or an individual for guidance; or tentative probation. Tentative probation allows for a more thorough investigation before a final disposition is decided upon, usually within about 5 and one-half months. During this period, a juvenile's behavior is observed; disciplinary and vocational training may be offered in the home of a suitable volunteer at the court's expense. At present, about 450 of these homes accommodate an average of about 7 juveniles each. A flow chart, graphs, and tables are provided.