NCJ Number
80500
Date Published
Unknown
Length
20 pages
Annotation
Suspended sentences and their use in Japan are explained, and factors influencing their application with traffic offenders are identified.
Abstract
Sentences for adult offenders in Japan are the death penalty, inprisonment with or without forced labor, fines, penal detention, and minor fines. The law does permit suspension of the sentence, however, when the court deems the sentence is unsuitable for the offender's rehabilitation. To qualify for a suspended sentence, the offender must have received a sentence of imprisonment with or without forced labor for not more than 3 years or a fine of not more than 200,000 yen and shall not have served a prison sentence within the last 5 years. The execution of a sentence may be suspended for not less than 1 year and no more than 5 years. Suspension is revoked if the offender commits another crime within the suspension period and is sentenced to imprisonment. The suspension may also be revoked if suspension conditions are not observed by the offender. An examination of factors influencing the use of sentence suspension with traffic offenders shows prior offense record to be the most influential in the decision not to suspend. Details of offense records and their influence on the suspension decision are examined. Tabular data are provided.