Document Type

Essay

Degree Name

Master of Laws

Abstract

Around 60% of all crimes in Japan are committed by repeat offenders, and therefore preventing recidivism is a central concern in Japan. Recognizing the importance of early intervention, some prosecutors’ offices collaborate with social workers and provide necessary measures for recidivism prevention when prosecution is suspended. To promote prosecutor-led recidivism prevention, there is an ongoing discussion to legislate the approach currently taken by prosecutors’ offices. However, concerns remain about procedural fairness, transparency of prosecutorial discretion, and collaboration with other agencies. In the United States, prosecutor-led diversion programs are adopted in many states, with ongoing research on their effectiveness and challenges.

This paper intends to provide insights into the challenges Japan faces in utilizing suspension of prosecution for the purpose of recidivism prevention by analyzing prosecutor-led diversion programs in the United States. Part II of this paper explains the brief history and development of prosecutor-led recidivism prevention in Japan and introduces the identified challenges. Part III provides an overview of pretrial diversion programs in the United States and analyzes prosecutor-led diversion programs in Milwaukee, Wisconsin, and Cook County, Illinois. Part IV concludes with suggestions for Japanese current efforts, drawing from the analysis of programs in Milwaukee and Cook County. Suggestions include carefully explaining procedures to subject individuals, making eligibility criteria public to ensure transparency, and fostering better collaboration between prosecutors, defense attorneys, and welfare agencies.

Disciplines

Comparative and Foreign Law | Criminal Law | Criminology and Criminal Justice | Law

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