front cover of Courting the Community
Courting the Community
Legitimacy and Punishment in a Community Court
Christine Zozula
Temple University Press, 2019

Community Courts are designed to handle a city’s low-level offenses and quality-of-life crimes, such as littering, loitering, or public drunkenness. Court advocates maintain that these largely victimless crimes jeopardize the well-being of residents, businesses, and visitors. Whereas traditional courts might dismiss such cases or administer a small fine, community courts aim to meaningfully punish offenders to avoid disorder escalating to apocalyptic decline.  

Courting the Community is a fascinating ethnography that goes behind the scenes to explore how quality-of-life discourses are translated into court practices that marry therapeutic and rehabilitative ideas. Christine Zozula shows how residents and businesses participate in meting out justice—such as through community service, treatment, or other sanctions—making it more emotional, less detached, and more legitimate in the eyes of stakeholders. She also examines both “impact panels,” in which offenders, residents, and business owners meet to discuss how quality-of-life crimes negatively impact the neighborhood, as well as strategic neighborhood outreach efforts to update residents on cases and gauge their concerns.

Zozula’s nuanced investigation of community courts can lead us to a deeper understanding of punishment and rehabilitation and, by extension, the current state of the American court system.

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Japanese Corrections
Managing Convicted Offenders in an Orderly Society
Elmer H. Johnson
Southern Illinois University Press, 1996

In his analysis of the current Japanese corrections system, internationally respected criminologist Elmer H. Johnson focuses on three basic questions: What are the characteristics of the major programmatic elements? How do various personnel carry out their programmatic responsibilities? Why are the various duties and activities carried out in a particular way?

Johnson points out that compared with the United States, where prison populations are huge and often violent, Japan incarcerates relatively few criminals. In 1989, for example, Japan locked up only 34 out of every 100,000 citizens while the United States imprisoned people at a rate of 271 per 100,000. Examining the cultural differences leading to this disparity, Johnson notes that in Japan prosecutors are reluctant to refer defendants for trial and the courts often suspend sentences for convicted felons.

In Japan, two bureaus—the Correction Bureau and the Rehabilitation Bureau—administer all Japanese correctional activities. Placing these bureaus in the organizational scheme of the Ministry of Justice, Johnson traces the history, describes the organizational ideologies, and outlines the special features of each.

A central feature of the Japanese penal system is the industrial prison, a concept that met such fierce opposition in the United States that it lost almost all access to the free market by the 1940s. Johnson traces the history of the industrial prison, noting particularly that the industrial operations in adult institutions explain in part why there is almost no violence and why few try to escape. Juvenile institutions enjoy similar success; even though they produce no industrial products, the juvenile training schools emphasize education, vocational training, and counseling.

Japanese correctional officers rely heavily on the community and on unsalaried volunteer probation officers for supervision of probationers and parolees. Although Japanese courts regard probationary supervision as too punitive for most convicted defendants and return many to the community without supervision, the probation caseload is weighty. Johnson describes the responsibilities and operations of the Regional Parole Boards. He also discusses the aid hostels (halfway houses) that are primarily operated by private organizations and that serve released or paroled prisoners.

Johnson sums up by noting that both the Correction Bureau and the Rehabilitation Bureau depend on the overall operations of police, prosecutors, and judges. More broadly, he asserts, both bureaus are creatures of Japanese society and culture. The assets and disadvantages of the bureaus reflect society’s reluctance to sentence defendants to prison and, to a lesser extent, the reluctance to place them on probationary supervision.

 

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front cover of Linking Community and Corrections in Japan
Linking Community and Corrections in Japan
Elmer H. Johnson with Carol H. Jonnson
Southern Illinois University Press, 2000

Completing Elmer H. Johnson’s impressive three-volume examination of corrections in Japan, Linking Community and Corrections in Japan (written with the assistance of Carol H. Johnson) focuses on the Rehabilitation Bureau’s responsibilities regarding probation, parole, and aftercare as well as the Correction Bureau’s role in Japan’s version of community-oriented corrections. Johnson first outlines the tasks of the Rehabilitation Bureau, then turns to historical and contemporary views of community and corrections. In discussions of the probation and parole system for both adults and juveniles, he describes in detail the Japanese version of supervision and the return of prisoners to the community. One strength of this study is Johnson’s impartiality. As an investigator, he functions as a "friend of the court," an adviser who is free to conduct an objective pursuit of the fundamental strengths and shortcomings of the Japanese prison system. He also follows the Foucauldian dictum: "With the prisons there would be no sense of limiting oneself to discourses about prisons; just as important are the discourses which arise within the prison, the decisions and regulations which are among its constituent elements, its means of functioning, along with its strategies."

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